38 U.S.C. § 1511 | Indian War veterans

(a)

The Secretary shall pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate:

(1)

$101.59; or

(2)

$135.45 if the veteran is in need of regular aid and attendance.

(b)

A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars—

(1)

for thirty days or more; or

(2)

for the duration of such Indian War;

in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State.

(c)

(1)

section 1521 of this title Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by , and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).

(2)

section 1521 of this title The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this subsection. Each change in the amount of pension payment 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. 85–857Sept. 2, 195872 Stat. 1135 Pub. L. 86–670, § 1July 14, 196074 Stat. 545 Pub. L. 90–77, title I, § 111(a)Aug. 31, 196781 Stat. 181 Pub. L. 94–169, title I, § 106(16)Dec. 23, 197589 Stat. 1017 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 (, , , § 511; , , ; , , ; , , ; renumbered § 1511 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , .)

Editorial Notes

Prior Provisions

section 3111 of this titlePrior section 1511 was renumbered .

Pub. L. 85–85772 Stat. 1171 Pub. L. 89–138, § 2(4)Aug. 26, 196579 Stat. 578 Pub. L. 94–502Oct. 15, 197690 Stat. 2384 Pub. L. 96–466 Section 802(a)(3) of Pub. L. 96–466 section 3100 of this titleMar. 31, 1981section 3115 of this titleAnother prior section 1511, , Sept. 2,1958, , § 1503, renumbered , , , and amended , title , §§ 103, 104(11), , , related to training and training facilities under chapter 31 of this title, prior to the general revision of chapter 31 of this title by . , set out as an Effective Date note under , provided that this prior section 1511 continue in effect until . See .

Amendments

Pub. L. 102–83, § 5(a)section 511 of this title1991—, renumbered as this section.

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

Pub. L. 102–83, § 5(c)(1)Subsec. (c). , substituted “1521” for “521” in pars. (1) and (2).

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

Pub. L. 94–1691975—Subsecs. (b), (c). substituted “such veteran” for “he” wherever appearing.

Pub. L. 90–771967—Subsec. (c). designated existing provisions as par. (1), inserted “except as provided in paragraph (2)”, and added par. (2).

Pub. L. 86–6701960—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 106Dec. 23, 197589 Stat. 1017 Jan. 1, 1976, , , provided that the amendment made by that section is effective .

Effective Date of 1967 Amendment

Pub. L. 90–77Aug. 31, 1967section 405 of Pub. L. 90–77 section 101 of this titleAmendment by effective first day of first calendar month which begins more than ten days after , see , set out as a note under .

Effective Date of 1960 Amendment

Pub. L. 86–670, § 3July 14, 196074 Stat. 545

July 14, 1960“This Act [amending this section and section 512 [now 1512] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [].”

, , , provided that: