38 U.S.C. § 1536 | Surviving spouses of Spanish-American War veterans

(a)

section 1512(a) of this title The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of 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)

January 1, 1938 before ; 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)

section 1541 of this title Any surviving spouse eligible for pension under this section shall, if such surviving spouse 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 surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.

(2)

1 See References in Text note below.

December 31, 1978section 1541 of this titleDecember 31, 19781 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  of this title, as in effect on ; or (B) that which is payable under , as in effect on , as increased by such section 544, 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. 85–857Sept. 2, 195872 Stat. 1138 Pub. L. 90–77, title IAug. 31, 196781 Stat. 178 Pub. L. 92–328, title I, § 107June 30, 197286 Stat. 395 Pub. L. 94–169, title I, § 106(32)Dec. 23, 197589 Stat. 1018 Pub. L. 95–588, title I, § 108Nov. 4, 197892 Stat. 2502 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 (, , , § 536; , §§ 101(a), 105, , , 179; , , ; –(37), , , 1019; , , ; renumbered § 1536 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , .)

Editorial Notes

References in Text

Section 544 of this title Pub. L. 95–588, title I, § 112(a)(1)Nov. 4, 197892 Stat. 2505 Jan. 1, 1979, referred to in subsec. (d)(2), was repealed by , , , eff. .

Amendments

Pub. L. 102–83, § 5(a)section 536 of this title1991—, renumbered as this section.

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

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

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

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

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

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

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

Pub. L. 94–169, § 106(32)Subsec. (a). , 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”.

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

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

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

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

Pub. L. 92–3281972—Subsec. (d). added subsec. (d).

Pub. L. 90–77, § 1051967—Subsec. (a). , substituted “$70” for “$65”.

Pub. L. 90–77, § 101(a)Subsec. (c). , 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 1978 Amendment

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

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 1972 Amendment

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

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 .

Increase in Aid and Attendance Rates for Veterans Eligible for Pension

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