38 USC PART II, CHAPTER 15, SUBCHAPTER III: Wars Before World War I

From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITSCHAPTER 15—PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICESUBCHAPTER III—PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

[§1531. Vacant]

Editorial Notes

Codification

Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, section 531 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 90–77, title I, §105, Aug. 31, 1967, 81 Stat. 179, which provided for a monthly pension to widows of Mexican War veterans, was repealed by Pub. L. 94–169, title I, §101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

§1532. Surviving spouses of Civil War veterans

(a) The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate:

(1) $40.64 if such surviving spouse is below seventy years of age; or

(2) $70 if such surviving spouse is seventy years of age or older.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans' Administration, or if such veteran was discharged or released from such service upon a surgeon's certificate of disability.

(d) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—

(1) before June 27, 1905; 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. 1137, §532; Pub. L. 90–77, title I, §§101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, §106(20)–(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, §14(b)(7), June 13, 1991, 105 Stat. 283; renumbered §1532 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 103–446, title XII, §1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–446 substituted "Veterans' Administration" for "Secretary".

1991—Pub. L. 102–83, §5(a), renumbered section 532 of this title as this section.

Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions.

Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end "unless such surviving spouse was the spouse of the veteran during such veteran's service in the Civil War, in which case the monthly rate shall be $75."

Subsec. (c). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1975—Pub. L. 94–169, §106(23), substituted "Surviving spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94–169, §106(20), substituted "pay to the surviving spouse" for "pay to the widow", "such surviving spouse" for "she" wherever appearing, "was the spouse" for "was the wife" and "such veteran's" for "his".

Subsec. (b). Pub. L. 94–169, §106(21), substituted "surviving spouse" for "widow".

Subsec. (c). Pub. L. 94–169, §106(21), substituted "such veteran" for "he" wherever appearing.

Subsec. (d). Pub. L. 94–169, §106(22), substituted "surviving spouse", "such surviving spouse" and "such veteran" for "widow", "she" and "him", respectively.

1967—Subsec. (a)(2). Pub. L. 90–77, §105, substituted "$70" for "$65".

Subsec. (d). Pub. L. 90–77, §101(a), qualified widow of a veteran for a pension 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

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.

§1533. Children of Civil War veterans

Whenever there is no surviving spouse entitled to pension under section 1532 of this title, the Secretary shall pay to the children of each Civil War veteran who met the service requirements of section 1532 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, §533; Pub. L. 94–169, title I, §106(25), Dec. 23, 1975, 89 Stat. 1018; renumbered §1533 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 533 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1532" for "532" in two places.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1975—Pub. L. 94–169 substituted "surviving spouse" for "widow".

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

§1534. Surviving spouses of Indian War veterans

(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the following monthly rate:

(1) $40.64 if such surviving spouse is below seventy years of age; or

(2) $70 if such surviving spouse is seventy years of age or older.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—

(1) before March 4, 1917; 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. 1137, §534; Pub. L. 90–77, title I, §§101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, §106(26)–(29), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, §14(b)(7), June 13, 1991, 105 Stat. 283; renumbered §1534 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 534 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1511" for "511" in introductory provisions.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions.

Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end "; unless such surviving spouse was the spouse of the veteran during such veteran's service in one of the Indian Wars, in which case the monthly rate shall be $75."

1975—Pub. L. 94–169, §106(29), substituted "Surviving spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94–169, §106(26), substituted "pay to a surviving spouse" for "paid to a widow", "unless such surviving spouse" for "she" wherever appearing, "was the spouse" for "was the wife" and "such veteran's" for "his".

Subsec. (b). Pub. L. 94–169, §106(27), substituted "surviving spouse" for "widow".

Subsec. (c). Pub. L. 94–169, §106(28), substituted "paid to a surviving spouse" for "paid to a widow", "unless such surviving spouse" for "unless she" and "such veteran" for "him".

1967—Subsec. (a)(2). Pub. L. 90–77, §105, substituted "$70" for "$65".

Subsec. (c). Pub. L. 90–77, §101(a), qualified widow of a veteran for a pension 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1967 Amendment

§1535. Children of Indian War veterans

Whenever there is no surviving spouse entitled to pension under section 1534 of this title, the Secretary shall pay to the children of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, §535; Pub. L. 94–169, title I, §106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered §1535 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 535 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1534" for "534" and "1511" for "511".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1975—Pub. L. 94–169 substituted "surviving spouse" for "widow".

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

§1536. Surviving spouses of Spanish-American War veterans

(a) The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran's service in the Spanish-American War, in which case the monthly rate shall be $75.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—

(1) before January 1, 1938; 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.

(d)(1) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 1541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.

(2) The Secretary shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 ¹ of this title, as in effect on December 31, 1978; or (B) that which is payable under section 1541 of this title, as in effect on December 31, 1978, as increased by such section 544,¹ as in effect on such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, §536; Pub. L. 90–77, title I, §§101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 92–328, title I, §107, June 30, 1972, 86 Stat. 395; Pub. L. 94–169, title I, §106(32)–(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L. 95–588, title I, §108, Nov. 4, 1978, 92 Stat. 2502; renumbered §1536 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

References in Text

Section 544 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 95–588, title I, §112(a)(1), Nov. 4, 1978, 92 Stat. 2505, eff. Jan. 1, 1979.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 536 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1512(a)" for "512(a)".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (d). Pub. L. 102–83, §5(c)(1), substituted "1541" for "541" in pars. (1) and (2).

Subsec. (d)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1978—Subsec. (d)(1). Pub. L. 95–588, §108(1), substituted "a period of war" for "World War I", and struck out ", except as provided in paragraph (2)" after "irrevocable".

Subsec. (d)(2). Pub. L. 95–588, §108(2), inserted ", as in effect on December 31, 1978" after "of this title" in two places, and "as in effect on such date" after "such section 544".

1975—Pub. L. 94–169, §106(37), substituted "Surviving spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94–169, §106(32), substituted "pay to the surviving spouse" for "pay to the widow", "unless such surviving spouse" for "unless she", "the spouse" for "the wife" and "such veteran's" for "his".

Subsec. (b). Pub. L. 94–169, §106(33), substituted "surviving spouse" for "widow".

Subsec. (c). Pub. L. 94–169, §106(33), substituted "paid to a surviving spouse" for "paid to a widow", "unless such surviving spouse" for "unless she" and "such veteran" for "him".

Subsec. (d)(1). Pub. L. 94–169, §106(34), substituted "Any surviving spouse" for "Any widow", "if such surviving spouse" for "if she" and "surviving spouses" for "widows".

Subsec. (d)(2). Pub. L. 94–169, §106(35), (36), substituted "surviving spouse" for "widow" wherever appearing, and "such surviving spouse" for "her".

1972—Subsec. (d). Pub. L. 92–328 added subsec. (d).

1967—Subsec. (a). Pub. L. 90–77, §105, substituted "$70" for "$65".

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as a note under section 1114 of this title.

Effective Date of 1967 Amendment

Increase in Aid and Attendance Rates for Veterans Eligible for Pension

Maximum annual pension rates under subsec. (d)(2) of this section increased by $600, effective Oct. 1, 1998, see section 8206 of Pub. L. 105–178, set out as a note under section 1521 of this title.

¹ See References in Text note below.

§1537. Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under section 1536 of this title, the Secretary shall pay to the children of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, §537; Pub. L. 94–169, title I, §106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered §1537 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 537 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1536" for "536" and "1512(a)" for "512(a)".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1975—Pub. L. 94–169 substituted "surviving spouse" for "widow".

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.