38-U.S.C.-1304
§1304 – Special Provisions Relating to Surviving Spouses
Pathway
Title 38 > Part II > Chapter 13 > Subchapter I > Section 1304
Details
- Reference: Section 1304
- Legend: §1304 – Special Provisions Relating to Surviving Spouses
- USCode Year: 2013
Provision Content
No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, §404; Pub. L. 90–77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, §405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered §1304, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)
Amendments
1991—Pub. L. 102–83 renumbered section 404 of this title as this section.
1976—Pub. L. 94–433, §405(4), (5), substituted surviving spouse, such surviving spouse, and such veteran for widow, she, and him, respectively, in introductory clause and surviving spouses for widows in section catchline.
1967—Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-1302 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-1302, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-1161 in the Legal Encyclopedia: Compensation
In this entry about 38-U.S.C.-1161, find legal reference material, bibliographies and premiere content related to compensation in the American Encyclopedia of Law, presenting a comprehensive view of the United States compensation-specific issues, written by authorities in the field.
38-U.S.C.-1151 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-1151, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
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