US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 1512

Spanish-American War veterans

(a)
(1)
The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pension at the following monthly rate:
(A)
$101.59; or
(B)
$135.45 if the veteran is in need of regular aid and attendance.
(2)
A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—
(A)
for ninety days or more during the Spanish-American War;
(B)
during the Spanish-American War and was discharged or released from such service for a service-connected disability; or
(C)
for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War.
(3)
(A)
section 1521 of this title Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.
(B)
section 1521 of this title The Secretary shall pay each month to 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 (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under as in effect on , under regulations which the Secretary shall prescribe. Each change in the amount of pension payment required by this subparagraph 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.
(b)
(1)
The Secretary shall pay to each veteran of the Spanish-American War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate:
(A)
$67.73; or
(B)
$88.04 if the veteran is in need of regular aid and attendance.
(2)
A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—
(A)
for seventy days or more during the Spanish-American War; or
(B)
for a period of seventy consecutive days or more and such period began or ended during the Spanish-American War.

Pub. L. 85–85772 Stat. 1135Pub. L. 86–670, § 274 Stat. 545Pub. L. 90–77, title I, § 111(b)81 Stat. 181Pub. L. 94–169, title I, § 106(17)89 Stat. 1017Pub. L. 95–588, title I, § 10592 Stat. 2500Pub. L. 102–83105 Stat. 404–406(, , , § 512; , , ; , , ; , , ; , , ; renumbered § 1512 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , .)

Editorial Notes

Prior Provisions

section 3112 of this titleA prior section 1512 was renumbered .

Amendments

Pub. L. 102–83, § 5(a)section 512 of this title1991—, renumbered as this section.

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

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(3)(A). , substituted “1521” for “521”.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(3)(B). , substituted “1521” for “521”.

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

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

Pub. L. 95–588, § 105(1)1978—Subsec. (a)(3)(A). , inserted “(except the rate provided under subsection (g) of such section)” after “of this title”, substituted “a period of war” for “World War I”, and struck out exception to pension elections formerly provided pursuant to subpar. (B).

Pub. L. 95–588, § 105(2)Subsec. (a)(3)(B). , substituted “as in effect on , under regulations which the Administrator shall prescribe” for “if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph”.

Pub. L. 94–1691975—Subsec. (a). substituted “such veteran” for “he” wherever appearing.

Pub. L. 94–169Subsec. (b). substituted “such veteran” for “he”.

Pub. L. 90–771967—Subsec. (a)(3). designated existing provisions as subpar. (A), inserted “except as provided in subparagraph (B)”, and added subpar. (B).

Pub. L. 86–6701960—Subsec. (a)(3). added cl. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–588section 401 of Pub. L. 95–588section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 10689 Stat. 1017, , , provided that the amendment made by that section is effective .

Effective Date of 1967 Amendment

Pub. L. 90–77section 405 of Pub. L. 90–77section 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. 86–670section 3 of Pub. L. 86–670section 1511 of this titleAmendment by effective first day of second calendar month which begins after , see , set out as a note under .