-CITE- 38 USC CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE -HEAD- CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE -MISC1- SUBCHAPTER I - GENERAL Sec. 1501. Definitions. 1502. Determinations with respect to disability. 1503. Determinations with respect to annual income. 1504. Persons heretofore having a pensionable status. 1505. Payment of pension during confinement in penal institutions. 1506. Resource reports and overpayment adjustments. 1507. Disappearance. 1508. Frequency of payment of pension benefits. SUBCHAPTER II - VETERANS' PENSIONS SERVICE PENSION 1511. Indian War veterans. 1512. Spanish-American War veterans. 1513. Veterans 65 years of age and older. NON-SERVICE-CONNECTED DISABILITY PENSION 1521. Veterans of a period of war. 1522. Net worth limitation. 1523. Combination of ratings. 1524. Vocational training for certain pension recipients. 1525. Protection of health-care eligibility. SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN WARS BEFORE WORLD WAR I 1532. Surviving spouses of Civil War veterans. 1533. Children of Civil War veterans. 1534. Surviving spouses of Indian War veterans. 1535. Children of Indian War veterans. 1536. Surviving spouses of Spanish-American War veterans. 1537. Children of Spanish-American War veterans. OTHER PERIODS OF WAR 1541. Surviving spouses of veterans of a period of war. 1542. Children of veterans of a period of war. 1543. Net worth limitation. SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL 1560. Medal of Honor Roll; persons eligible. 1561. Certificate. 1562. Special provisions relating to pension. AMENDMENTS 2001 - Pub. L. 107-103, title II, Sec. 207(a)(2), Dec. 27, 2001, 115 Stat. 991, added item 1513. 1992 - Pub. L. 102-568, title IV, Secs. 402(c)(2)(B), 403(b)(2), Oct. 29, 1992, 106 Stat. 4337, 4338, substituted "Vocational training for certain pension recipients" for "Temporary program of vocational training for certain new pension recipients" in item 1524 and "Protection" for "Temporary protection" in item 1525. 1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 501 to 562 as 1501 to 1562, respectively. Pub. L. 102-25, title III, Sec. 333(c)(2), Apr. 6, 1991, 105 Stat. 88, substituted "Other Periods of War" for "Mexican Border Period, World War I, World War II, Korean Conflict, and the Vietnam Era" as subheading preceding item 541. 1986 - Pub. L. 99-576, title VII, Sec. 703(b)(3), Oct. 28, 1986, 100 Stat. 3303, inserted "program of" after "Temporary" in item 524. 1984 - Pub. L. 98-543, title III, Sec. 301(a)(2), Oct. 24, 1984, 98 Stat. 2746, added items 524 and 525. 1982 - Pub. L. 97-295, Sec. 4(14), Oct. 12, 1982, 96 Stat. 1305, substituted "Honor Roll" for "honor roll" in item 560. 1978 - Pub. L. 95-588, title I, Secs. 104(b), 106(b), 109(b), 110(b), 112(b), Nov. 4, 1978, 92 Stat. 2499, 2502, 2504, 2505, added item 508, substituted "Veterans of a period of war" for "Veterans of the Mexican border period, World War I, World War II, the Korean conflict, or the Vietnam era" in item 521, substituted "Surviving spouses of veterans of a period of war" for "Surviving spouses of Mexican border period, World War I, World War II, Korean conflict, or Vietnam era veterans" in item 541, substituted "Children of veterans of a period of war" for "Children of Mexican border period, World War I, World War II, Korean conflict, or Vietnam era veterans" in item 542, struck out heading "Surviving Spouses of Veterans of All Periods of War" following item 543, and struck out item 544. 1975 - Pub. L. 94-169, title I, Secs. 101(2)(J), 106(24), (30), (38), Dec. 23, 1975, 89 Stat. 1014, 1018, 1019, struck out items 510 relating to confederate forces veterans, and 531 relating to widows of Mexican War veterans, substituted "Surviving Spouses" for "Widows" in heading of Subchapter III and subheading preceding item 544, and substituted "Surviving spouses" for "Widows" in items 532, 534, 536 and 541. 1970 - Pub. L. 91-588, Sec. 9(h), Dec. 24, 1970, 84 Stat. 1585, inserted references to the Mexican border period in subheading preceding item 541 and in items 521, 541, and 542, respectively. 1967 - Pub. L. 90-77, title I, Sec. 108(b), title II, Sec. 202(i), Aug. 31, 1967, 81 Stat. 180, 183, added item 544 and included references to Vietnam era in subheading preceding item 541 and in items 521, 541, and 542, respectively. 1966 - Pub. L. 89-467, Sec. 1(b), June 22, 1966, 80 Stat. 218, added item 507. 1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96, substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY, NAVY, AND AIR FORCE", in heading of Subchapter IV. 1961 - Pub. L. 87-138, Sec. 2(b), Aug. 14, 1961, 75 Stat. 339, struck out "entitling holder to pension" after "Certificate" in item 561. 1959 - Pub. L. 86-211, Sec. 7(a), Aug. 29, 1959, 73 Stat. 436, substituted "Determinations with respect to annual income" for "Items not considered in determining income" in item 503, "Net worth limitation" for "Income limitations" in item 522, and "Net worth limitation" for "Widows of World War II or Korean conflict veterans" in item 543, included widows of World War II and Korean conflict veterans in item 541 and children of World War II and Korean conflict veterans in item 542, added item 506, and struck out items 544 and 545 which related to children of World War II or Korean conflict veterans and to income limitations. -End- -CITE- 38 USC SUBCHAPTER I - GENERAL 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- SUBCHAPTER I - GENERAL -End- -CITE- 38 USC Sec. 1501 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1501. Definitions -STATUTE- For the purposes of this chapter - (1) The term "Indian Wars" means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service. (2) The term "World War I" includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918. (3) The term "Civil War veteran" includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term "active military or naval service" includes active service in those forces. (4) The term "period of war" means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 501; Pub. L. 94- 169, title I, Sec. 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, Sec. 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 102- 25, title III, Sec. 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered Sec. 1501, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) -MISC1- PRIOR PROVISIONS Prior sections 1500 and 1501 were renumbered sections 3100 and 3101 of this title, respectively. Another prior section 1501, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 93-508, title I, Sec. 101(1), Dec. 3, 1974, 88 Stat. 1578, defined "World War II" and "vocational rehabilitation" for purposes of chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1501 continue in effect until Mar. 31, 1981. AMENDMENTS 1991 - Pub. L. 102-83 renumbered section 501 of this title as this section. Par. (4). Pub. L. 102-25 inserted "the Persian Gulf War," after "the Vietnam era,". 1978 - Par. (4). Pub. L. 95-588 added par. (4). 1975 - Par. (2). Pub. L. 94-169 substituted "such veteran" for "him". 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 Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. PENSION PROGRAM FOR NONSERVICE-CONNECTED DISABILITY OR DEATH; REPORT BY ADMINISTRATOR Pub. L. 94-432, title IV, Sec. 404, Sept. 30, 1976, 90 Stat. 1372, provided that, due to certain insufficiencies in pension program for nonservice-connected disability or death authorized by this chapter, and lack of sufficient long-range information as to actual and anticipated financial characteristics of potential pensioners and their families upon which to estimate costs of existing alternative pension programs, it was necessary for Administrator of Veterans' Affairs to study existing and alternative nonservice-connected pension programs and to submit a report to Congress and the President not later than Oct. 1, 1977, on alternative courses of legislative and administrative action and long-range cost estimates therefor. STUDY OF NEEDS AND PROBLEMS OF VETERANS AND THEIR WIDOWS SEVENTY-TWO YEARS OF AGE OR OLDER; REPORT BY ADMINISTRATOR Pub. L. 93-527, Sec. 8, Dec. 21, 1974, 88 Stat. 1705, directed Administrator of Veterans' Affairs to study needs and problems of veterans and their widows seventy-two years of age or older and required him to report to Congress and President not later than one hundred and eighty days after convening of Ninety-fourth Congress results of study together with any recommendations for legislative or administrative action. -End- -CITE- 38 USC Sec. 1502 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1502. Determinations with respect to disability -STATUTE- (a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following: (1) A patient in a nursing home for long-term care because of disability. (2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. (3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person. (4) Suffering from - (A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or (B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. (b) For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. (c) For the purposes of this chapter, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 502; Pub. L. 88- 664, Sec. 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, Sec. 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169, title I, Sec. 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101-508, title VIII, Sec. 8002(a), Nov. 5, 1990, 104 Stat. 1388-342; renumbered Sec. 1502 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II, Sec. 206(a), Dec. 27, 2001, 115 Stat. 990.) -MISC1- PRIOR PROVISIONS Prior section 1502 was renumbered section 3102 of this title. Another prior section 1502, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 86-721, Sec. 3, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87-815, Sec. 7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89- 138, Sec. 2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90-631, Sec. 1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92-540, title I, Sec. 101(1), title III, Sec. 301, Oct. 24, 1972, 86 Stat. 1074, 1080; Pub. L. 93-508, title I, Sec. 101(2), Dec. 3, 1974, 88 Stat. 1578; Pub. L. 94-502, title I, Sec. 104(1), Oct. 15, 1976, 90 Stat. 2384, related to the basic entitlement of veterans with service-connected disabilities to vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1502 continue in effect until Mar. 31, 1981. Prior section 1502A, Pub. L. 87-591, Sec. 1, Aug. 16, 1962, 76 Stat. 393, which related to vocational rehabilitation for blinded veterans, was repealed by Pub. L. 89-138, Sec. 2(3), Aug. 26, 1965, 79 Stat. 578. AMENDMENTS 2001 - Subsec. (a). Pub. L. 107-103 substituted "such person is any of the following:" and pars. (1) to (4) for "such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from - "(1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or "(2) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled." 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 502 of this title as this section. Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". 1990 - Subsec. (a). Pub. L. 101-508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: "For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from - ". 1976 - Subsec. (a). Pub. L. 94-432 inserted "or became unemployable after age 65," after "or older". 1975 - Subsecs. (a) and (b). Pub. L. 94-169 substituted "such person" for "he". Subsec. (c). Pub. L. 94-169 substituted "such veteran's" for "his" wherever appearing. 1967 - Subsec. (a). Pub. L. 90-77, Sec. 102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled. Subsec. (b). Pub. L. 90-77, Sec. 102(b), added cl. (1) and designated existing provisions as cl. (2). 1964 - Subsec. (c). Pub. L. 88-664 added subsec. (c). EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-103, title II, Sec. 206(b), Dec. 27, 2001, 115 Stat. 991, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 17, 2001." EFFECTIVE DATE OF 1990 AMENDMENT Section 8002(b) of Pub. L. 101-508 provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990." EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94-432, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 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. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 of Pub. L. 88-664, set out as a note under section 1503 of this title. -End- -CITE- 38 USC Sec. 1503 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1503. Determinations with respect to annual income -STATUTE- (a) In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except - (1) donations from public or private relief or welfare organizations; (2) payments under this chapter; (3) amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran's last illness, and by a surviving spouse or child of a deceased veteran for - (A) such veteran's just debts, (B) the expenses of such veteran's last illness, and (C) the expenses of such veteran's burial to the extent such expenses are not reimbursed under chapter 23 of this title; (4) amounts equal to amounts paid - (A) by a veteran for the last illness and burial of such veteran's deceased spouse or child, or (B) by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran; (5) reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the loss; (6) profit realized from the disposition of real or personal property other than in the course of a business; (7) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner; (8) amounts equal to amounts paid by a veteran, veterans' spouse, or surviving spouse or by or on behalf of a veteran's child for unreimbursed medical expenses, to the extent that such amounts exceed 5 percent of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently housebound) payable to such veteran, surviving spouse, or child; (9) in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available); (10) in the case of a child, any current-work income received during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of - (A) the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1986, to be filed by an individual who is not married (as determined under section 7703 of such Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and (B) if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials; and (11) lump-sum proceeds of any life insurance policy on a veteran, for purposes of pension under subchapter III of this chapter. (b) Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 503; Pub. L. 86- 211, Sec. 2(a), Aug. 29, 1959, 73 Stat. 432; Pub. L. 87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-664, Sec. 1, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 90-77, title I, Sec. 103, Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-588, Sec. 7, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92-198, Sec. 2, Dec. 15, 1971, 85 Stat. 664; Pub. L. 92-425, Sec. 6(2), Sept. 21, 1972, 86 Stat. 713; Pub. L. 94-169, title I, Secs. 101(2)(A), 106(3)-(8), Dec. 23, 1975, 89 Stat. 1013, 1017; Pub. L. 95-588, title I, Sec. 102, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 97-295, Sec. 4(13), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-687, div. B, title XIV, Sec. 1402(b), Nov. 18, 1988, 102 Stat. 4130; Pub. L. 102-54, Sec. 14(b)(5), June 13, 1991, 105 Stat. 283; renumbered Sec. 1503 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 108- 454, title III, Sec. 303, Dec. 10, 2004, 118 Stat. 3611.) -REFTEXT- REFERENCES IN TEXT Sections 2, 6012(a), and 7703 of the Internal Revenue Code of 1986, referred to in subsec. (a)(10)(A), are classified to sections 2, 6012(a), and 7703 of Title 26, Internal Revenue Code, respectively. -MISC1- PRIOR PROVISIONS Prior section 1503 was renumbered section 3103 of this title. Another prior section 1503, added Pub. L. 89-138, Sec. 1, Aug. 26, 1965, 79 Stat. 577; amended Pub. L. 91-24, Sec. 8, June 11, 1969, 83 Stat. 34; Pub. L. 94-502, title I, Secs. 102, 104(2), (3), Oct. 15, 1976, 90 Stat. 2384, related to periods of eligibility for vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1503 continue in effect until Mar. 31, 1981. Another prior section 1503, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1171, was renumbered 1511 by Pub. L. 89-138, Sec. 2(4), Aug. 26, 1965, 79 Stat. 578. AMENDMENTS 2004 - Subsec. (a)(11). Pub. L. 108-454 added par. (11). 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 503 of this title as this section. Subsec. (a)(5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". Subsec. (a)(8). Pub. L. 102-54, Sec. 14(b)(5)(A), substituted "percent" for "per centum". Subsec. (a)(10)(A). Pub. L. 102-54, Sec. 14(b)(5)(B), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954 (26 U.S.C. 6012(a))" and "section 7703" for "section 143". 1988 - Subsec. (a)(5). Pub. L. 100-687 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "proceeds of fire insurance policies;". 1982 - Subsec. (a)(10)(A). Pub. L. 97-295 inserted "(26 U.S.C. 6012(a))" after "Code of 1954". 1978 - Subsec. (a)(1). Pub. L. 95-588, Sec. 102(a)(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which related to payments of six-months death gratuity. Subsec. (a)(2). Pub. L. 95-588, Sec. 102(a)(3), redesignated par. (3) as (2) and, as so redesignated, struck out ", and chapters 11 and 13 (except section 412(a)) of this title" after "chapter". Former par. (2) redesignated (1). Subsec. (a)(3). Pub. L. 95-588, Sec. 102(a)(5), redesignated par. (7) as (3). Former par. (3) redesignated (2). Subsec. (a)(4). Pub. L. 95-588, Sec. 102(a)(4), (6), added par. (4) and struck out former par. (4) which related to payments under servicemen's life insurance or servicemen's indemnity. Subsec. (a)(5). Pub. L. 95-588, Sec. 102(a)(4), (7), redesignated par. (8) as (5) and struck out former par. (5) which related to lump sum death payments. Subsec. (a)(6). Pub. L. 95-588, Sec. 102(a)(4), (9), redesignated par. (10) as (6) and struck out former par. (6) which related to the ten per cent exclusion for individuals under public or private retirement, annuity, endowment, or similar programs. Subsec. (a)(7). Pub. L. 95-588, Sec. 102(a)(11), redesignated par. (15) as (7). Former par. (7) redesignated (3). Subsec. (a)(8). Pub. L. 95-588, Sec. 102(a)(13), added par. (8). Former par. (8) redesignated (5). Subsec. (a)(9). Pub. L. 95-588, Sec. 102(a)(8), (13), added par. (9) and struck out former par. (9) which related to payments for final illness and burial. Subsec. (a)(10). Pub. L. 95-588, Sec. 102(a)(13), added par. (10). Former subsec. (10) redesignated (6). Subsec. (a)(11) to (14). Pub. L. 95-588, Sec. 102(a)(10), struck out pars. (11) to (14) which related to payments for discharge of jury duty, educational assistance allowances, bonuses based on service in the Armed Forces, and indebtednesses secured by mortgages, respectively. Subsec. (a)(15). Pub. L. 95-588, Sec. 102(a)(11), redesignated par. (15) as (7). Subsec. (a)(16), (17). Pub. L. 95-588, Sec. 102(a)(12), struck out pars. (16) and (17) which related to payments received by retired persons and payments of annuities, respectively. Subsec. (c). Pub. L. 95-588, Sec. 102(b), struck out former subsec. (c) which related to the power of the Administrator to exclude from income amounts paid by a veteran, surviving spouse, or child for unusual medical expenses. 1975 - Subsec. (a)(7). Pub. L. 94-169, Sec. 106(3), (4), substituted "spouse" for "wife", "such veteran's" for "his" and "surviving spouse" for "widow" in introductory clause and "such veteran's" for "his" in subcls. (A), (B) and (C). Subsec. (a)(9). Pub. L. 94-169, Sec. 106(5), substituted "such veteran's" for "his" in subcl. (A) and "surviving spouse" and "spouse" for "widow" and "wife", respectively, in subcl. (B). Subsec. (a)(14). Pub. L. 94-169, Sec. 106(6), substituted "such veteran's surviving spouse" for "his widow". Subsec. (a)(16). Pub. L. 94-169, Secs. 101(2)(A), 106(7), inserted "and" after "as amended;", and substituted "such employee's" for "his", respectively. Subsec. (c). Pub. L. 94-169, Sec. 106(8), substituted "surviving spouse" for "widow". 1972 - Par. (17). Pub. L. 92-425 substituted "subchapter I of chapter 73 of title 10" for "chapter 73 of title 10". 1971 - Pub. L. 92-198 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1970 - Par. (4). Pub. L. 91-588, Sec. 7(1), inserted reference to servicemen's group life insurance. Pars. (14) to (17). Pub. L. 91-588, Sec. 7(3), added pars. (14) to (17). 1967 - Par. (7). Pub. L. 90-77, Sec. 103(a), provided for exclusion of amounts paid by a wife of a veteran for the expenses of his past illness. Par. (9). Pub. L. 90-77, Sec. 103(b), designated existing provisions as subpar. (A) and added subpar. (B). 1964 - Par. (6). Pub. L. 88-664, Sec. 1(a), inserted "10 per centum of the amount of" before "payments" and struck out "equal to his contributions thereto" after "programs". Pars. (9) to (13). Pub. L. 88-664, Sec. 1(b), added pars. (9) to (13). 1961 - Pub. L. 87-268 substituted "section 412(a)" for "section 412". 1959 - Pub. L. 86-211 among other changes, required the inclusion of all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived), and permitted the exclusion of donations from public or private relief or welfare organizations, payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen's indemnity, lump sum death payments, payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs equal to his contributions thereto, amounts equal to amounts paid by a widow or child for the veteran's just debts, expenses of his last illness, and expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title, and proceeds of life insurance policies. 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 Sections 101 and 106 of Pub. L. 94-169 provided that the amendments made by those sections are effective Jan. 1, 1976. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of Pub. L. 92-198, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 1521 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. EFFECTIVE DATE OF 1964 AMENDMENT Section 11 of Pub. L. 88-664 provided that: "(a) Except as otherwise provided herein, this Act [amending this section and sections 502, 506, 521, 541, 542, 612, and 3104 [now 1502, 1506, 1521, 1541, 1542, 1712, and 5304] of this title and enacting provisions set out as a note under section 1521 of this title] shall take effect on January 1, 1965. "(b) The amendment to paragraph (6) of section 503 [now 1503], title 38, United States Code, shall not apply to any individual receiving pension on December 31, 1964, under chapter 15 of said title, or subsequently determined entitled to such pension for said day, until his contributions have been recouped under the provision of that paragraph in effect on December 31, 1964." EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 1312 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10 of Pub. L. 86-211, set out as an Effective Date note under section 1506 of this title. -End- -CITE- 38 USC Sec. 1504 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1504. Persons heretofore having a pensionable status -STATUTE- The pension benefits of subchapters II and III of this chapter shall, notwithstanding the service requirements of such subchapters, be granted to persons heretofore recognized by law as having a pensionable status. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 504; renumbered Sec. 1504, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) -MISC1- PRIOR PROVISIONS Prior section 1504 was renumbered section 3104 of this title. Another prior section 1504, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 89-137, Sec. 1(a), Aug. 26, 1965, 79 Stat. 576; Pub. L. 90-431, July 26, 1968, 82 Stat. 447; Pub. L. 91-219, title I, Sec. 101, Mar. 26, 1970, 84 Stat. 76; Pub. L. 92-540, title I, Sec. 101(2), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 93-508, title I, Sec. 101(3), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93-602, title II, Sec. 202, Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title I, Secs. 101, 104(4), Oct. 15, 1976, 90 Stat. 2383, 2384; Pub. L. 95- 202, title I, Sec. 101, Nov. 23, 1977, 91 Stat. 1433, related to subsistence allowances to be paid veterans while pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96-466, title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3108 of this title. AMENDMENTS 1991 - Pub. L. 102-83 renumbered section 504 of this title as this section. -End- -CITE- 38 USC Sec. 1505 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1505. Payment of pension during confinement in penal institutions -STATUTE- (a) No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, or local penal institution as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual's imprisonment begins and ending when such individual's imprisonment ends. (b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran's spouse or children the pension which such veteran would receive for that period but for this section. (c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 505; Pub. L. 94- 169, title I, Sec. 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1505 and amended Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.) -MISC1- PRIOR PROVISIONS Prior section 1505 was renumbered section 3105 of this title. Another prior section 1505, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 94-502, title I, Sec. 104(5), Oct. 15, 1976, 90 Stat. 2384, related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1505 continue in effect until Mar. 31, 1981. See section 3110 of this title. AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 505 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration". Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". 1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(9), substituted "such individual's" for "his" wherever appearing. Subsec. (b). Pub. L. 94-169, Sec. 106(10), substituted "such veteran's spouse" for "his wife". Subsec. (c). Pub. L. 94-169, Sec. 106(11), substituted "surviving spouse" for "widow" wherever appearing. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. -End- -CITE- 38 USC Sec. 1506 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1506. Resource reports and overpayment adjustments -STATUTE- As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary - (1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a "dependent child"), and, in the case of a child applying for or in receipt of pension under section 1542 of this title (hereinafter in this subsection referred to as a "surviving child"), of any person with whom such child is residing who is legally responsible for such child's support; (2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing - (A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support; (B) such applicant's or recipient's estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and (C) in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such child's support and of any expected increase in the value of the corpus of the estate of such person; (3) shall require that any such applicant or recipient promptly notify the Secretary whenever there is a material change in the annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support; and (4) shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Secretary if such person ceases to meet the applicable definition of spouse or child. -SOURCE- (Added Pub. L. 86-211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, Sec. 506; amended Pub. L. 88-664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 91-588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94- 169, title I, Sec. 106(12)-(14), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, Sec. 103, Nov. 4, 1978, 92 Stat. 2498; Pub. L. 96-466, title VI, Sec. 605(c)(2), Oct. 17, 1980, 94 Stat. 2211; renumbered Sec. 1506 and amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-271, Sec. 9(b), July 1, 1994, 108 Stat. 743.) -MISC1- PRIOR PROVISIONS Prior section 1506 was renumbered section 3106 of this title. Another prior section 1506, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1173, authorized Administrator to furnish veterans receiving vocational rehabilitation such medical care, treatment, hospitalization, and prosthesis as were necessary to accomplish the purposes of chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1506 continue in effect until Mar. 31, 1981. See section 3104 of this title. AMENDMENTS 1994 - Par. (2). Pub. L. 103-271, Sec. 9(b)(1), substituted "may require" for "shall require" and "file for a calendar year" for "file each year" in introductory provisions. Par. (3). Pub. L. 103-271, Sec. 9(b)(2), substituted "notify the Secretary" for "file a revised report", struck out "estimated" before "annual income" in two places, and struck out "such applicant's or recipient's estimate of" before "the value of the corpus of the estate of such applicant". 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 506 of this title as this section. Pub. L. 102-83, Sec. 5(c)(1), substituted "1521, 1541, or 1542" for "521, 541, or 542" in introductory provisions and "1542" for "542" in par. (1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions and pars. (1), (2), and (4). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for "Veterans' Administration" in par. (2) introductory provisions. 1980 - Pub. L. 96-466 struck out "(a)" before "As a condition" and struck out subsec. (b) which provided that in the event of an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof be deducted (unless waived) from any future payments made thereunder to the person concerned. 1978 - Subsec. (a). Pub. L. 95-588 inserted provision authorizing the Administrator to consider the income of a spouse or child prior to granting a pension in par. (1), struck out exclusion from filing report for a child or person of 72 years of age or more who has been paid a pension for two consecutive years in par. (2), required changes in income of spouse or dependent child be included in the necessary revised income report in par. (3), and added par. (4). 1975 - Subsec. (a). Pub. L. 94-169 substituted "the Administrator" for "he" in par. (1), "the Administrator" for "him", "such person" for "he" and "such person's" for "his" wherever appearing, in par. (2), and "such person's" for "his" wherever appearing, in par. (3). 1970 - Subsec. (a)(2). Pub. L. 91-588 exempted from filing requirements of this section any person who has attained 72 years of age and has been paid a pension under sections 521, 541, or 542 of this title during two consecutive calendar years. 1964 - Subsec. (a)(2). Pub. L. 88-664 inserted ", other than a child," after "person". EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96- 466, set out as a note under section 5314 of this title. 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 Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section 10(b) of Pub. L. 91-588, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 of Pub. L. 88-664, set out as a note under section 1503 of this title. EFFECTIVE DATE Section 10 of Pub. L. 86-211 provided that: "This Act [see Tables for classification] shall take effect on July 1, 1960." -End- -CITE- 38 USC Sec. 1507 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1507. Disappearance -STATUTE- Where a veteran receiving pension under subchapter II of this chapter disappears, the Secretary may pay the pension otherwise payable to such veteran's spouse and children. In applying the provisions of this section, the Secretary may presume, without reports pursuant to section 1506(a) of this title, that the status of the veteran at the time of disappearance, with respect to permanent and total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non-service-connected disability. -SOURCE- (Added Pub. L. 89-467, Sec. 1(a), June 22, 1966, 80 Stat. 218, Sec. 507; amended Pub. L. 94-169, title I, Sec. 106(15), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1507 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404- 406.) -MISC1- PRIOR PROVISIONS Prior section 1507 was renumbered section 3107 of this title. Another prior section 1507, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 92-540, title I, Sec. 101(3), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 94-502, title I, Sec. 104(6), Oct. 15, 1976, 90 Stat. 2384, related to loans to trainees commencing or undertaking courses of vocational rehabilitation under chapter 31 of this title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96-466, title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3112 of this title. AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 507 of this title as this section. Pub. L. 102-83, Sec. 5(c)(1), substituted "1506(a)" for "506(a)". Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places. 1975 - Pub. L. 94-169 struck out "in his discretion" after "Administrator" and substituted "payable to such veteran's spouse" for "payable to his wife," and "made to a spouse" for "made to a wife". EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. -End- -CITE- 38 USC Sec. 1508 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL -HEAD- Sec. 1508. Frequency of payment of pension benefits -STATUTE- (a) Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid monthly. (b) Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under section 1521(b) of this title. -SOURCE- (Added Pub. L. 95-588, title I, Sec. 104(a), Nov. 4, 1978, 92 Stat. 2499, Sec. 508; amended Pub. L. 102-54, Sec. 14(b)(6), June 13, 1991, 105 Stat. 283; renumbered Sec. 1508 and amended Pub. L. 102- 83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.) -MISC1- PRIOR PROVISIONS Prior section 1508 was renumbered section 3108 of this title. Another prior section 1508, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94-502, title I, Sec. 104(7), Oct. 15, 1976, 90 Stat. 2384, authorized Administrator to prescribe rules and regulations to promote good conduct and cooperation on the part of veterans receiving vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1508 continue in effect until Mar. 31, 1981. See section 3111 of this title. Prior section 1509 was renumbered section 3109 of this title. Another prior section 1509, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94-502, title I, Sec. 104(8), (9), Oct. 15, 1976, 90 Stat. 2384, related to books, supplies, and equipment furnished a veteran under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1509 continue in effect until Mar. 31, 1981. Prior section 1510 was renumbered section 3110 of this title. Another prior section 1510, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94-502, title I, Sec. 104(10), Oct. 15, 1976, 90 Stat. 2384, related to vocational rehabilitation of persons hospitalized pending final discharge from the active military, naval, or air service, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96- 466, set out as an Effective Date note under section 3100 of chapter 31 of this title, provided that this prior section 1510 continue in effect until Mar. 31, 1981. See section 3113 of this title. AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 508 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521, 1541, and 1542" for "521, 541, and 542". Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521, 1541, and 1542" for "521, 541, and 542" and "1521(b)" for "521(b)". Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". Pub. L. 102-54 substituted "percent" for "per centum". EFFECTIVE DATE Section effective Jan. 1, 1979, see section 401 of Pub. L. 95- 588, set out as an Effective Date of 1978 Amendment note under section 101 of this title. -End- -CITE- 38 USC SUBCHAPTER II - VETERANS' PENSIONS 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS -HEAD- SUBCHAPTER II - VETERANS' PENSIONS -End- -CITE- 38 USC Service Pension 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Service Pension -HEAD- SERVICE PENSION -End- -CITE- 38 USC Sec. 1510 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Service Pension -HEAD- [Sec. 1510. Vacant] -COD- CODIFICATION Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406, section 510 of this chapter, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, which provided monthly pension for persons who served in military or naval forces of Confederate States of America, was repealed by Pub. L. 94-169, title I, Sec. 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976. -End- -CITE- 38 USC Sec. 1511 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Service Pension -HEAD- Sec. 1511. Indian War veterans -STATUTE- (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) Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title, 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) 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 section 1521 of this title 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 511; Pub. L. 86- 670, Sec. 1, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I, Sec. 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, Sec. 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1511 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.) -MISC1- PRIOR PROVISIONS Prior section 1511 was renumbered section 3111 of this title. Another prior section 1511, Pub. L. 85-857, Sept. 2,1958, 72 Stat. 1171, Sec. 1503, renumbered Pub. L. 89-138, Sec. 2(4), Aug. 26, 1965, 79 Stat. 578, and amended Pub. L. 94-502, title , Secs. 103, 104(11), Oct. 15, 1976, 90 Stat. 2384, related to training and training facilities under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1511 continue in effect until Mar. 31, 1981. See section 3115 of this title. AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 511 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions. Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521" in pars. (1) and (2). Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". 1975 - Subsecs. (b), (c). Pub. L. 94-169 substituted "such veteran" for "he" wherever appearing. 1967 - Subsec. (c). Pub. L. 90-77 designated existing provisions as par. (1), inserted "except as provided in paragraph (2)", and added par. (2). 1960 - Subsec. (c). Pub. L. 86-670 added subsec. (c). EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 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. EFFECTIVE DATE OF 1960 AMENDMENT Section 3 of Pub. L. 86-670 provided that: "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 [July 14, 1960]." -End- -CITE- 38 USC Sec. 1512 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Service Pension -HEAD- Sec. 1512. Spanish-American War veterans -STATUTE- (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) Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title (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) 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 section 1521 of this title as in effect on December 31, 1978, 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 512; Pub. L. 86- 670, Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I, Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, Sec. 105, Nov. 4, 1978, 92 Stat. 2500; renumbered Sec. 1512 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.) -MISC1- PRIOR PROVISIONS A prior section 1512 was renumbered section 3112 of this title. AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 512 of this title as this section. Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions. Subsec. (a)(3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521". Subsec. (a)(3)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521". Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places. Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions. 1978 - Subsec. (a)(3)(A). Pub. L. 95-588, Sec. 105(1), 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). Subsec. (a)(3)(B). Pub. L. 95-588, Sec. 105(2), substituted "as in effect on December 31, 1978, 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". 1975 - Subsec. (a). Pub. L. 94-169 substituted "such veteran" for "he" wherever appearing. Subsec. (b). Pub. L. 94-169 substituted "such veteran" for "he". 1967 - Subsec. (a)(3). Pub. L. 90-77 designated existing provisions as subpar. (A), inserted "except as provided in subparagraph (B)", and added subpar. (B). 1960 - Subsec. (a)(3). Pub. L. 86-670 added cl. (3). 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 Section 106 of Pub. L. 94-169 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. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-670 effective first day of second calendar month which begins after July 14, 1960, see section 3 of Pub. L. 86-670, set out as a note under section 1511 of this title. -End- -CITE- 38 USC Sec. 1513 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Service Pension -HEAD- Sec. 1513. Veterans 65 years of age and older -STATUTE- (a) The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of section 1521 of this title (as prescribed in subsection (j) of that section) pension at the rates prescribed by 1521 (!1) of this title and under the conditions (other than the permanent and total disability requirement) applicable to pension paid under that section. (b) If a veteran is eligible for pension under both this section and section 1521 of this title, pension shall be paid to the veteran only under section 1521 of this title. -SOURCE- (Added Pub. L. 107-103, title II, Sec. 207(a)(1), Dec. 27, 2001, 115 Stat. 991.) -MISC1- PRIOR PROVISIONS Prior sections 1513 to 1520 were renumbered sections 3113 to 3120 of this title, respectively. EFFECTIVE DATE Pub. L. 107-103, title II, Sec. 207(c), Dec. 27, 2001, 115 Stat. 991, provided that: "The amendments made by this section [enacting this section and amending sections 1521 and 1522 of this title] shall take effect as of September 17, 2001." -FOOTNOTE- (!1) So in original. Probably should be preceded by "section". -End- -CITE- 38 USC Non-Service-Connected Disability Pension 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Non-Service-Connected Disability Pension -HEAD- NON-SERVICE-CONNECTED DISABILITY PENSION -End- -CITE- 38 USC Sec. 1521 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Non-Service-Connected Disability Pension -HEAD- Sec. 1521. Veterans of a period of war -STATUTE- (a) The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran's willful misconduct, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title. (b) If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran's spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $3,550, reduced by the amount of the veteran's annual income. (c) If the veteran is married and living with or reasonably contributing to the support of such veteran's spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $4,651, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $600 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. (d)(1) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $5,680, reduced by the amount of the veteran's annual income. (2) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (c) of this section shall be $6,781. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $600 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. (e) If the veteran has a disability rated as permanent and total and (1) has additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of a disability or disabilities, is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $4,340 and the annual rate of pension payable to the veteran under subsection (c) of this section shall be $5,441. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $600 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the annual income of such family members. (f)(1) If two veterans are married to one another and each meets the disability and service requirements prescribed in subsections (a) and (j), respectively, of this section, or the age and service requirements prescribed in section 1513 of this title, the annual rate of pension payable to such veterans shall be a combined annual rate of $4,651. (2) If either such veteran is in need of regular aid and attendance, the annual rate provided by paragraph (1) of this subsection shall be $6,781. If both such veterans are in need of regular aid and attendance, such rate shall be $8,911. (3) If either such veteran would be entitled (if not married to a veteran) to pension at the rate provided by subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $5,441. If both such veterans would be entitled (if not married to one another) to such rate, such rate shall be $6,231. (4) If one such veteran is in need of regular aid and attendance and the other would be entitled (if not married to a veteran) to the rate provided for under subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $7,571. (5) The annual rate provided by paragraph (1), (2), (3), or (4) of this subsection, as appropriate, shall (A) be increased by $600 for each child of such veterans (or of either such veteran) who is in the custody of either or both such veterans or to whose support either such veteran is, or both such veterans are, reasonably contributing, and (B) be reduced by the amount of the annual income of both such veterans and, subject to subsection (h)(1) of this section, the annual income of each such child. (g) The annual rate of pension payable under subsection (b), (c), (d), (e), or (f) of this section to any veteran who is a veteran of a period of war shall be increased by $800 if veterans of such period of war were not provided educational benefits or home loan benefits similar to those provided to veterans of later periods of war under chapters 34 and 37, respectively, of this title or under prior corresponding provisions of law. (h) For the purposes of this section: (1) In determining the annual income of a veteran, if there is a child of the veteran who is in the custody of the veteran or to whose support the veteran is reasonably contributing, that portion of the annual income of the child that is reasonably available to or for the veteran shall be considered to be income of the veteran, unless in the judgment of the Secretary to do so would work a hardship on the veteran. (2) A veteran shall be considered as living with a spouse, even though they reside apart, unless they are estranged. (i) If the veteran is entitled under this section to pension on the basis of such veteran's own service and is also entitled to pension on the basis of any other person's service, the Secretary shall pay such veteran only the greater benefit. (j) A veteran meets the service requirements of this section if such veteran served in the active military, naval, or air service - (1) for ninety days or more during a period of war; (2) during a period of war and was discharged or released from such service for a service-connected disability; (3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or (4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 521; Pub. L. 86- 211, Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101, Sec. 1, July 21, 1961, 75 Stat. 218; Pub. L. 88-664, Secs. 3(a), (b), 5, 6(a), 7, Oct. 13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77, title I, Sec. 104, title II, Sec. 202(a)-(c), Aug. 31, 1967, 81 Stat. 179, 182; Pub. L. 90-275, Sec. 1(a), (b), Mar. 28, 1968, 82 Stat. 64, 65; Pub. L. 91-588, Secs. 1(a), (b), 3(b), 9(c), Dec. 24, 1970, 84 Stat. 1580, 1583, 1584; Pub. L. 92-198, Secs. 1(a), (b), 5(b), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(a), (b), Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-527, Sec. 2, Dec. 21, 1974, 88 Stat. 1702; Pub. L. 94-169, title I, Secs. 102, 106(18), Dec. 23, 1975, 89 Stat. 1014, 1018; Pub. L. 94-432, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 95-204, title I, Sec. 101, Dec. 2, 1977, 91 Stat. 1455; Pub. L. 95-588, title I, Sec. 106(a), Nov. 4, 1978, 92 Stat. 2500; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1521 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II, Sec. 207(b)(1), Dec. 27, 2001, 115 Stat. 991.) -MISC1- PRIOR PROVISIONS Prior section 1521 was renumbered section 3121 of this title. AMENDMENTS 2001 - Subsec. (f)(1). Pub. L. 107-103 inserted "or the age and service requirements prescribed in section 1513 of this title," after "of this section,". 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 521 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". Pub. L. 102-40 substituted "5312" for "3112". Subsecs. (h)(1), (i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". 1978 - Subsec. (a). Pub. L. 95-588 revised pension eligibility requirements to speak in terms of a veteran of any period of war rather than veterans of specifically named wars and inserted reference to periodic pension increases pursuant to section 3112 of this title. Subsec. (b). Pub. L. 95-588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $3,550 for a formula for determining such annual pension based upon the annual income of the veteran, and struck out monthly minimum and maximum pension payments. Subsec. (c). Pub. L. 95-588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $4,651 for a formula for determining such annual pension based upon annual income of the veteran, and inserted provision authorizing an annual pension rate increase of $600 for each family member of the eligible veteran in excess of one. Subsec. (d). Pub. L. 95-588 substituted $5,680 as annual rate of pension payable to a veteran in need of regular aid and attendance under subsec. (b) of this section and $6,781 as such rate payable to such veteran under subsec. (c) of this section for provision authorizing a rate increase of $165 over and above the rate of pension payable under the applicable subsection in order to determine the rate payable to eligible veterans under this section and revised the method of reducing payments under this section by use of the recipient's annual income. Subsec. (e). Pub. L. 95-588 substituted $4,340 as annual rate of pension payable under subsec. (b) of this section for veterans eligible as recipients under this section and $5,441 as such annual rate under subsec. (c) of this section for provision authorizing rate increases of $61 per month for eligible veterans over and above the appropriate rate of pension payment under the applicable subsection, inserted provision authorizing increases of $600 per year in pension rates for recipients with eligible family members in excess of one, and provided for an annual income reduction in the pension rate payable. Subsec. (f). Pub. L. 95-588 substituted provisions relating to pension payments to veterans married to each other for provisions authorizing the inclusion of a spouse's annual income reasonably available to an eligible veteran in the computation of the annual income of an eligible veteran. Subsec. (g). Pub. L. 95-588 substituted provisions authorizing annual pension payment rate increases of $800 per year for eligible veterans who served in periods of war which did not entitle them to educational or home loan benefits similar to those paid veterans of subsequent periods of war for provisions specifying the eligibility service requirements of this section. Subsec. (h). Pub. L. 95-588 substituted provisions authorizing inclusion of income of a dependent child in custody of recipient veteran in computing annual income of such veteran and authorizing consideration of a veteran and his or her spouse as living together, even though they actually live apart, for provisions authorizing a twenty-five per cent rate increase in pension payments to a veteran who has attained age seventy-eight. Subsecs. (i), (j). Pub. L. 95-588 added subsecs. (i) and (j). 1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 101(1), increased monthly rate of pension from $185 to $197, and substituted "1,100" for "1,500" in two places, "1,700" for "1,800" in two places, and "3,770" for "3,540". Subsec. (b)(3). Pub. L. 95-204, Sec. 101(2), substituted "$3,770" for "$3,540". Subsec. (c)(1). Pub. L. 95-204, Sec. 101(3), increased monthly rates of pension from $199 to $212, $204 to $217, and $209 to $222, and substituted "1,000" for "1,100" in two places, "2,000" for "2,400" in two places, "3,000" for "3,100" in two places, "3,200" for "3,500" in two places, "3,600" for "3,700" in two places and "5,070" for "4,760". Subsec. (c)(3). Pub. L. 95-204, Sec. 101(4), substituted "$5,070" for "$4,760". Subsec. (d). Pub. L. 95-204, Sec. 101(5), substituted "$165" for "$155" in pars. (1) and (2). Subsec. (e). Pub. L. 95-204, Sec. 101(6), substituted "$61" for "$57". 1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 202(1), increased monthly rate of pension from $173 to $185 and substituted $700 to $900 for $700 to $1,200, $900 to $1,500 for $1,200 to $1,700, $1,500 to $1,800 for $1,700 to $2,000, and $1,800 to $3,540 for $2,000 to $3,300. Subsec. (b)(3). Pub. L. 94-432, Sec. 202(2), substituted "$3,540" for "$3,300". Subsec. (c)(1). Pub. L. 94-432, Sec. 202(3), increased monthly rate of pension by $13 from $186 to $199, from $191 to $204, and from $196 to $209, of a veteran with 1, 2, and 3 dependents, substituting "he or she" for "such veteran" in three places, substituted $700 to $1100 for $700 to $1,300, $1,100 to $2,400 for $1,300 to $2,800, $2,400 to $3,100 for $2,800 to $3,200, $3,100 to $3,500 for $3,200 to $3,800, and $3,700 to $4,760 for $3,800 to $4,500, and inserted ".07" ranging from $3,500 to $3,700. Subsec. (c)(3). Pub. L. 94-432, Sec. 202(4), substituted "$4,760" for "$4,500". Subsec. (d). Pub. L. 94-432, Sec. 202(5), designated existing provisions as par. (1), substituted "$155" for "$133" and added par. (2). Subsec. (e). Pub. L. 94-432, Sec. 202(6), substituted "$57" for "$53". Subsec. (h). Pub. L. 94-432, Sec. 202(7), added subsec. (h). 1975 - Subsec. (b). Pub. L. 94-169, Sec. 102(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of pension from $160 to $173, substituted $500 to $700 for $500 to $900, $700 to $1200 for $900 to $1500, $1200 to $1700 for $1500 to $1900, $1700 to $2000 for $1900 to $2300, $2000 to $3300 for $2300 to $3000 the minimum and maximum income ranges for which the pension rate will be reduced by 4, 5, 6, 7 and 8 cents per dollar, respectively, and increased from $3000 to $3300 the maximum income in excess of which no pension shall be paid. Subsec. (c). Pub. L. 94-169, Sec. 102(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, from $172 to $186, from $177 to $191 and from $182 to $196 the rate of pension of a veteran with 1, 2 and 3 dependents, respectively, substituted $700 to $1300 for $700 to $1800, $1300 to $2800 for $1800 to $3000, $2800 to $3200 for $3000 to $3500, $3200 to $3800 for $3500 to $3800, and $3800 to $4500 for $4000 to $4200 the minimum and maximum income ranges for which the pension rate will be reduced by 3, 4, 5, 6 and 8 cents per dollar, respectively, struck out the income range of $3800 to $4000 for which the reduction rate is 7 cents per dollar, increased from $4200 to $4500 the income in excess of which no pension shall be paid, and inserted provision that in no case may the amount of pension be less than $5 monthly. Subsec. (d). Pub. L. 94-169, Sec. 102(2), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such veteran" for "him" and "$133" for "$123". Subsec. (e). Pub. L. 94-169, Sec. 102(3), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such veteran's" for "his", "such veteran" for "him" and "$53" for "$49". Subsec. (g). Pub. L. 94-169, Sec. 106(18), substituted "such veteran" for "he". 1974 - Subsec. (b). Pub. L. 93-527, Sec. 2(1), substituted "$160" for "$143", "$500" for "$800" wherever appearing, "$900" for "$1300" wherever appearing, "$1500" for "$1600" wherever appearing, "$1900" for "$2200" wherever appearing, "$2300" for "$2500" wherever appearing, and "$3000" for "$2600" wherever appearing, and inserted provision that in no event should monthly rate of pension be less than $5.00. Subsec. (c). Pub. L. 93-527, Sec. 2(2), substituted "$172" for "$154", "$177" for "$159", "$182" for "$164", "$700" for "$800" wherever appearing, "$1800" for "$2600" wherever appearing, "$3000" for "$3200" wherever appearing, "$3500" for "$3700" wherever appearing, and inserted provisions for the reduction by 7 cents for each dollar of annual income in excess of $3800 up to and including $4000, and reduction by 8 cents for each dollar of annual income in excess of $4000 up to and including $4200, and raised maximum income from $3800 to $4200. Subsec. (d). Pub. L. 93-527, Sec. 2(3), substituted "$123" for "$110". Subsec. (e). Pub. L. 93-527, Sec. 2(4), substituted "$49" for "$44". 1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(a), substituted "$143" for "$130", "$800" for "$1,000", "$1,300" for "$1,500", "$1,600" for "$1,800", and "$2,500" for "$2,600" in existing provisions and inserted provision for a reduction of 8 cents in monthly rate for each $1 of annual income in excess of $2,500 up to and including $2,600. Subsec. (c). Pub. L. 93-177, Sec. 1(b), substituted "$154" for "$140", "$159" for "$145", "$164" for "$150", "$800" for "$900", "$2,600" for "$3,200", and "$3,700" for "$3,800" in existing provisions and inserted provisions for a reduction of 4 cents in monthly rate for each $1 of annual income in excess of $2,600 up to and including $3,200 and for a reduction of 6 cents in monthly rate for each $1 of annual income in excess of $3,700 up to and including $3,800. 1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(a), substituted formula for computing monthly pension rates of single veteran providing for a maximum monthly pension for each group within designated income category and for computing each individual's monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out the income and pension rates, and raised the maximum income from $2300 to $2600. Subsec. (c). Pub. L. 92-198, Sec. 1(b), substituted formula for computing monthly pension rates of veteran with dependents by providing for maximum monthly pension for each group within designated income category depending on the number of dependents and for computing each individual's monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out the income and pension rates, and raised the maximum income limit from $3500 to $3800. Subsec. (g)(3). Pub. L. 92-198, Sec. 5(b), inserted reference to Mexican border period. 1970 - Pub. L. 91-588, Sec. 9(c)(3), inserted reference to Mexican border period in section catchline. Subsec. (a). Pub. L. 91-588, Sec. 9(c)(1), inserted reference to Mexican border period. Subsec. (b). Pub. L. 91-588, Sec. 1(a), provided new annual income limits to measure monthly pension rates of single veteran by adding minimum income limits of $2,000, $2,100 and $2,200 with maximum limits of $2,100, $2,200 and $2,300 for monthly benefits of $45, $37 and $29, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively by substituting in column II "121" for "$110", "119" for "108", "117" for "106", "115" for "104", "112" for "100", "108" for "96", "104" for "92", "100" for "88", "96" for "84", "92" for "79", "88" for "75", "84" for "69" "79" for "63" "75" for "57", "69" for "51", "63" for "45", "57" for "37", and "51" for "29". Subsec. (c). Pub. L. 91-588, Sec. 1(b), provided new annual income limits to measure monthly pension rates of veteran with dependents by adding minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $50, and within existing annual income limits from a maximum of $500 to a maximum of $3,200, as well as in- between limits set out in one-hundred dollar increments, the applicable monthly benefits for each limit was amended, respectively, by substituting in column II (one dependent) "$132" for "$120", "130" for "118", "128" for "116", "126" for "114", "124" for "112", "122" for "109", in column III (two dependents) "$137" for "$125", "135" for "123, "133" for "121", "131" for "119", "129" for "117", "127" for "114", in column IV (three or more dependents) "$142" for "$130", "140" for "128", "138" for "126", "136" for "124", "134" for "122", "132" for "119", and in columns II, III, and IV (for any number of dependents) "119" for "107", "116" for "105", "113" for "103", "110" for "101", "107" for "99", "104" for "96", "101" for "93" "99" for "90", "96" for "87", "93" for "84", "90" for "81", "87" for "78", "84" for "75", "81" for "72", "78" for "69", "75" for "66", "72" for "62", "69" for "58", "66" for "54", "62" for "50", "58" for "42", and "54" for "34". Subsec. (d). Pub. L. 91-588, Sec. 3(b)(1), substituted "$110" for "$100". Subsec. (e). Pub. L. 91-588, Sec. 3(b)(2), substituted "44" for "$40". Subsec. (g)(1), (2). Pub. L. 91-588, Sec. 9(c)(2), inserted reference to Mexican border period. 1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(a), in providing new annual income limits to measure monthly pension rates of single veteran, substituted minimum income limit of $300 for monthly benefit of $110 for former $600 limit for monthly benefit of $104, maximum income limit of $2,000 for monthly benefit of $29 for former $1,800 limit for monthly benefit of $45, and sixteen other in-between limits in one hundred dollar increments from more than $300 to less than $1,900 for monthly benefits of $108-37 for former in-between limit of more than $600 but less than $1,200 for monthly benefit of $79. Subsec. (c). Pub. L. 90-275, Sec. 1(b), in providing new annual income limits to measure monthly pension rates of veteran with dependents, substituted minimum income limit of $500 for monthly benefit of $120 (one dependent), $125 (two dependents), and $130 (three or more dependents) for former $1,000 limit for monthly benefit of $109 (one dependent), $114 (two dependents), and $119 (three or more dependents), maximum income limit of $3,200 for monthly benefit of $34 (for any number of dependents) for former $3,000 limit for monthly benefit of $50 (for any number of dependents), and twenty-six other in-between limits in one hundred dollar increments from more than $500 to less than $3,100 for monthly benefits of $118 to 42 (one dependent), $123 to 42 (two dependents), and $128 to 42 (three or more dependents) for former in-between limit of more than $1,000 but less than $2,000 for monthly benefit of $84 (for any number of dependents). 1967 - Pub. L. 90-77, Sec. 202(c), inserted reference to Vietnam era in section catchline. Subsec. (a). Pub. L. 90-77, Sec. 202(a), inserted reference to Vietnam era. Subsec. (b). Pub. L. 90-77, Sec. 104(a), increased monthly pension rate in column II from $100, $75, and $43 to $104, $79,and $45 respectively. Subsec. (c). Pub. L. 90-77, Sec. 104(b), increased monthly pension rate in column II from $105, $80, and $48 to $109, $84, and $50; column III from $110, $80, and $48 to $114, $84, and $50; and column IV from $115, $80, and $48 to $119, $84, and $50, respectively. Subsec. (e). Pub. L. 90-77, Sec. 104(c), substituted "$40" for "$35". Subsec. (g). Pub. L. 90-77, Sec. 202(b), inserted references to Vietnam era in pars. (1) to (3). 1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(a), increased monthly pension rate in column II from $85, $70, and $40 to $100, $75, and $43, respectively. Subsec. (c). Pub. L. 88-664, Sec. 3(b), increased monthly pension rate in column II from $90, $75, and $45 to $105, $80, and $48; column III from $95, $75, and $45 to $110, $80, and $48; and column IV from $100, $75, and $45 to $115, $80, and $48, respectively. Subsec. (d). Pub. L. 88-664, Sec. 5, increased additional monthly rate of veterans in need of aid and attendance from $70 to $100. Subsecs. (e), (f). Pub. L. 88-664, Secs. 6(a), 7, added subsec. (e), redesignated former subsec. (e) as (f) and substituted "in excess of whichever is the greater, $1,200 or the total earned income of the spouse," for "except $1,200 of such income" in par. (1). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 88-664, Sec. 6(a), redesignated former subsec. (f) as (g). 1961 - Subsec. (f)(4). Pub. L. 87-101 added par. (4). 1959 - Subsec. (a). Pub. L. 86-211, Sec. 3(a)(2), struck out provisions that prescribed amount of monthly pension payable. See subsecs. (b) to (d) of this section. Subsecs. (b) to (e). Pub. L. 86-211, Sec. 3(a)(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f). Subsec. (f). Pub. L. 86-211, Sec. 3(a)(1), redesignated former subsec. (b) as (f). EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see section 207(c) of Pub. L. 107-103, set out as an Effective Date note under section 1513 of this title. 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 1977 AMENDMENT Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302 of Pub. L. 95-204, set out as a note under section 1122 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Section 405 of Pub. L. 94-432 provided that: "(a) The provisions of this Act [see Tables for classification], other than titles II and III and section 401, shall take effect on the date of the enactment of this Act [Sept. 30, 1976]. "(b) Titles II and III [see Tables for classification] and section 401 of this Act [amending section 322 [now 1122] of this title] shall take effect January 1, 1977." EFFECTIVE DATE OF 1975 AMENDMENT Section 102 of Pub. L. 94-169, as amended by section 101 of Pub. L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976. Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1974 AMENDMENT Section 10 of Pub. L. 93-527 provided that: "This Act [see Tables for classification] shall take effect on January 1, 1975." EFFECTIVE DATE OF 1973 AMENDMENT Section 8 of Pub. L. 93-177 provided that: "This Act [see Tables for classification] shall take effect on January 1, 1974." EFFECTIVE DATE OF 1971 AMENDMENT Section 6 of Pub. L. 92-198 provided that: "This Act [see Tables for classification] shall take effect on January 1, 1972." EFFECTIVE DATE OF 1970 AMENDMENT Section 10 of Pub. L. 91-588 provided that: "(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 [see Tables for classification] shall take effect on January 1, 1971. "(b) Sections 2(d) and 6 [amending sections 415 and 506 [now 1315 and 1506] of this title] shall take effect on January 1, 1972." [In view of the similarity of subject matter covered by amendments made by sections 2(d) and 6 of Pub. L. 91-588, the effective date for the amendment made by section 6 was probably intended by Congress to be Jan. 1, 1972, as called for in subsec. (b) of section 10 of Pub. L. 91-588, rather than Jan. 1, 1971, as called for in subsec. (a) of that section.] EFFECTIVE DATE OF 1968 AMENDMENT Section 6 of Pub. L. 90-275 provided that: "(a) The first section and sections 2 and 4 of this Act [amending this section and sections 415 and 541 [now 1315 and 1541] of this title and enacting provisions set out below] shall take effect on January 1, 1969. "(b) Sections 3 and 5 of this Act [enacting provisions set out below and amending section 3012 [now 5112] of this title] shall take effect on the first day of the first calendar month following the month of initial payment of increases in monthly insurance benefits provided by the Social Security Amendments of 1967 [see Short Title note under section 302 of Title 42, the Public Health and Welfare]." 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. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-664 and provisions of section 10 of Pub. L. 88-664, set out as a note below, effective Jan. 1, 1965, see section 11 of Pub. L. 88-664, set out as a note under section 1503 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Section 2 of Pub. L. 87-101 provided that: "Pension shall not be paid for any period prior to the effective date of this Act [July 21, 1961] to any person whose eligibility for pension is established solely by virtue of this Act [amending this section]." EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10 of Pub. L. 86-211, set out as an Effective Date note under section 1506 of this title. SAVINGS PROVISION FOR PERSONS ENTITLED TO PENSION AS OF DECEMBER 31, 1978; OTHER PROVISIONS Section 306 of Pub. L. 95-588, as amended by Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102- 83, Secs. 5(c)(2), 6(c), Aug. 6, 1991, 105 Stat. 406, 407, provided that: "(a)(1)(A) Except as provided in subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 1521, 1541, or 1542 [formerly 521, 541, or 542] of title 38, United States Code, may elect to receive pension under such section as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Secretary of Veterans Affairs (hereinafter in this section referred to as the 'Secretary') may prescribe. If pension is paid pursuant to such an election, the election shall be irrevocable. "(B) Any veteran eligible to make an election under subparagraph (A) who is married to another veteran who is also eligible to make such an election may not make such an election unless both such veterans make such an election. "(2) Any person eligible to make an election under paragraph (1) who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December 31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 1521, 1541, or 1542 [formerly 521, 541, or 542], as appropriate, of title 38, United States Code, as in effect on December 31, 1978, except that - "(A) pension may not be paid to such person if such person's annual income (determined in accordance with section 1503 [formerly 503] of title 38, United States Code, as in effect on December 31, 1978) exceeds $4,038, in the case of a veteran or surviving spouse without dependents, $5,430, in the case of a veteran or surviving spouse with one or more dependents, or $3,299, in the case of a child; and "(B) the amount prescribed in subsection (f)(1) of section 1521 [formerly 521] of such title (as in effect on December 31, 1978) shall be $1,285; as each such amount is increased from time to time under paragraph (3). "(3) Whenever there is an increase under section 5312 [formerly 3112] of title 38, United States Code (as added by section 304 of this Act), in the maximum annual rates of pension under sections 1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as in effect after December 31, 1978, the Secretary shall, effective on the date of such increase under such section 5312 [formerly 3112], increase - "(A) the annual income limitations in effect under paragraph (2); and "(B) the amount of income of a veteran's spouse excluded from the annual income of such veteran under section 1521(f)(1) [formerly 521(f)(1)] of such title, as in effect on December 31, 1978; by the same percentage as the percentage by which such maximum annual rates under such sections 1521, 1541, and 1542 [formerly 521, 541, and 542] are increased. "(b)(1) [Subsec. (b)(1) which provided for the repeal, effective Jan. 1, 1979, of section 9 of the Veterans' Pension Act of 1959, Pub. L. 86-211, Sec. 9, Aug. 29, 1959, 73 Stat. 436, has been executed to note set out under this section.] "(2)(A) Except as provided in subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9, Aug. 29, 1959, 73 Stat. 436 [formerly set out as a note under this section] may elect to receive pension under section 1521, 1541, or 1542 [formerly 521, 541, or 542] of title 38, United States Code, as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Secretary may prescribe. If pension is paid pursuant to such an election, the election shall be irrevocable. "(B) Any veteran eligible to make an election under subparagraph (A) who is married to another veteran who is also eligible to make such an election may not make such an election unless both such veterans make such an election. "(3) Any person eligible to make an election under paragraph (2) who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December 31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out below], as in effect on December 31, 1978, except that pension may not be paid to such person if such person's annual income (determined in accordance with the applicable provisions of law, as in effect on December 31, 1978) exceeds $3,534, in the case of a veteran or surviving spouse without dependents or in the case of a child, or $5,098, in the case of a veteran or surviving spouse with one or more dependents, as each such amount is increased from time to time under paragraph (4). "(4) Whenever there is an increase under section 5312 [formerly 3112] of title 38, United States Code (as added by section 304 of this Act), in the maximum annual rates of pension under sections 1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as in effect after December 31, 1978, the Secretary shall, effective on the date of such increase under such section 5312 [formerly 3112], increase the annual income limitations in effect under paragraph (3) by the same percentage as the percentage by which the maximum annual rates under such sections 1521, 1542, and 1543 [formerly 521, 542, and 543] are increased. "(c) Any case in which - "(1) a claim for pension is pending in the Veterans' Administration on December 31, 1978; "(2) a claim for pension is filed by a veteran after December 31, 1978, and within one year after the date on which such veteran became totally and permanently disabled, if such veteran became totally and permanently disabled before January 1, 1979; or "(3) a claim for pension is filed by a surviving spouse or by a child after December 31, 1978, and within one year after the date of death of the veteran through whose relationship such claim is made, if the death of such veteran occurred before January 1, 1979; shall be adjudicated under title 38, United States Code, as in effect on December 31, 1978. Any benefits determined to be payable as the result of the adjudication of such a claim shall be subject to the provisions of subsection (a). "(d) In any case in which any person who as of December 31, 1978, is entitled to receive pension under section 1521, 1541, or 1542 [formerly 521, 541, or 542] of title 38, United States Code, or under section 9(b) of the Veterans' Pension Act of 1959 Pub. L. 86- 211, 6, 9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out as a note under this section], elects (in accordance with subsection (a)(1) or (b)(2), as appropriate) before October 1, 1979, to receive pension under such section as in effect after December 31, 1978, the Administrator of Veterans' Affairs shall pay to such person an amount equal to the amount by which the amount of pension benefits such person would have received had such election been made on January 1, 1979, exceeds the amount of pension benefits actually paid to such person for the period beginning on January 1, 1979, and ending on the date preceding the date of such election. "(e) Whenever there is an increase under subsections (a)(3) and (b)(4) in the annual income limitations with respect to persons being paid pension under subsections (a)(2) and (b)(3), the Secretary shall publish such annual income limitations, as increased pursuant to such subsections, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act [section 415(i)(2)(D) of Title 42, The Public Health and Welfare] is published by reason of a determination under section 215(i) of such Act." SAVINGS PROVISION Section 9 of Pub. L. 86-211, which provided (1) that any claim for pension which was pending on June 30, 1960, or any claim for death pension filed thereafter within one year from the date of death of a veteran which occurred prior to July 1, 1960, would be adjudicated under this title in effect on June 30, 1960, with respect to the period before July 1, 1960, and, except as provided below, under this title, as amended by Pub. L. 86-211, thereafter; (2) that nothing in Pub. L. 86-211 would affect the eligibility of any person receiving pension under this title on June 30, 1960, for pension under all applicable provisions of this title in effect on that date for such period or periods thereafter with respect to which he could qualify under such provisions and that this provision would not apply in any case for any period after pension was granted, pursuant to application, under this title as amended by Pub. L. 86-211; and (3) that provision (2) would not apply to those claims within the purview of provision (1) in which it was determined that pension was payable for June 30, 1960, was repealed, effective Jan. 1, 1979, by section 306(b)(1) of Pub. L. 95-588, set out as a note above. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR PENSION Pub. L. 105-178, title VIII, Sec. 8206, June 9, 1998, 112 Stat. 494, provided that: "Effective October 1, 1998, the maximum annual rates of pension in effect as of September 30, 1998, under the following provisions of chapter 15 of title 38, United States Code, are increased by $600: "(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section 1521. "(2) Section 1536(d)(2)." REPORT TO CONGRESSIONAL COMMITTEES; MEDICAL EXAMINATIONS OF CERTAIN PENSION RECIPIENTS Pub. L. 98-543, title III, Sec. 302, Oct. 24, 1984, 98 Stat. 2747, directed Administrator of Veterans' Affairs to report to Committees on Veterans' Affairs of House of Representatives and Senate not later than 28 months after Oct. 24, 1984, on results of medical examinations conducted on certain individuals awarded pensions under this section as permanently and totally disabled by reason of being 65 years of age or older or becoming unemployable after age 65. STUDY OF PENSION BENEFITS PAID TO PERSONS RESIDING OUTSIDE UNITED STATES; TRANSMITTAL OF REPORT AND RECOMMENDATIONS TO PRESIDENT AND CONGRESS Pub. L. 95-588, title III, Sec. 308, Nov. 4, 1978, 92 Stat. 2510, directed Administrator of Veterans' Affairs, in consultation with Secretary of State, to carry out a comprehensive study of income characteristics of veterans of a period of war, as defined in section 101(11) of this title, and their survivors residing outside the fifty States and the District of Columbia, required submission of a report to Congress and President on results of such study not later than Feb. 1, 1980. PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL SECURITY AMENDMENTS OF 1967 Section 3 of Pub. L. 90-275 provided that: "(a) If the monthly rate of pension or dependency and indemnity compensation payable to a person under title 38, United States Code, would be less, solely as a result of an increase in monthly insurance benefits provided by the Social Security Amendments of 1967 [see Short Title note set out under section 302 of Title 42, The Public Health and Welfare], than the monthly rate payable for the month immediately preceding the effective date of this Act [see Effective Date of 1968 Amendment note set out above], the Administrator of Veterans' Affairs shall pay the person as follows: "(1) for the balance of calendar year 1968 and during calendar year 1969, at the prior monthly rate; "(2) during the calendar year 1970, at the rate for the next $100 annual income limitation higher than the maximum annual income limitation corresponding to the prior monthly rate; and "(3) during each successive calendar year, at the rate for the next $100 annual income limitation higher than the one applied for the preceding year, until the rate corresponding to actual countable income is reached. "(b) Subsection (a) shall not apply for any period during which annual income of such person, exclusive of an increase in monthly insurance benefits provided by the Social Security Amendments of 1967 [see Short Title note set out under section 302 of Title 42], exceeds the amount of annual income upon which was based the pension or dependency and indemnity compensation payable to the person immediately prior to receipt of the increase." [Provisions of section 3 of Pub. L. 90-275 effective on first day of first calendar month following month of initial payment of increases in monthly insurance benefits provided by Social Security Amendments of 1967 [see Short Title note set out under section 302 of Title 42], see section 6(b) of Pub. L. 90-275, set out as an Effective Date of 1968 Amendment note above.] INCOME RESTRICTIONS ON PENSIONS; EFFECTIVE DATES Section 4 of Pub. L. 90-275, as amended by Pub. L. 91-588, Sec. 5; Pub. L. 92-198, Sec. 4; Pub. L. 93-527, Sec. 6; Pub. L. 94-169, Sec. 107; Pub. L. 94-432, Sec. 206; Pub. L. 95-204, Sec. 105, provided that: "The income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 [formerly set out in a Savings Provision note above] hereafter shall be $3,300 and $4,760 instead of $3,100 and $4,460, respectively." Section 4 of Pub. L. 90-275, as originally enacted, was eff. Jan. 1, 1969, pursuant to Pub. L. 90-275, Sec. 6(a). Subsequent amendments to said section 4 by Pub. L. 91-588, Pub. L. 92-198, and Pub. L. 94-169 were effective Jan. 1, 1971, Jan. 1, 1972, and for a period beginning Jan. 1, 1976 and ending Sept. 30, 1976, respectively. Pub. L. 94-432, Secs. 101, 405(b) amended said section 4 of Pub. L. 90-275 and section 107 of Pub. L. 94-169 to be effective Jan. 1, 1976 and Jan. 1, 1977, respectively. Pub. L. 95- 204, Sec. 302 amended said section 4 of Pub. L. 90-275 to be effective Jan. 1, 1978. AID AND ATTENDANCE ALLOWANCE FOR WIDOWS OF VETERANS OF ALL PERIODS OF WAR Pub. L. 90-77, title I, Sec. 108(c), Aug. 31, 1967, 81 Stat. 180, provided that: "If any widow is entitled to pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 [formerly set out in a Savings Provision note above] and is in need of regular aid and attendance, the monthly rate of pension payable to her shall be increased by $50." PENSION FOR HOUSEBOUND VETERANS Pub. L. 90-77, title I, Sec. 110, Aug. 31, 1967, 81 Stat. 180, provided that: "The Administrator of Veterans' Affairs shall pay to a veteran who is entitled to pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 [formerly set out in a Savings Provision note above] and who - "(1) has, in addition to a disability rated as permanent and total, additional disability or disabilities independently ratable at 60 per centum or more, or "(2) by reason of his disability or disabilities, is permanently housebound but does not qualify for pension based on need of regular aid and attendance, in lieu of the pension otherwise payable to him, a pension at the monthly rate of $100." RETIREMENT INCOME EXCLUSION Section 10 of Pub. L. 88-664 provided that: "In computing the income of persons whose pension eligibility is subject to the first sentence of section 9(b) of the Veterans' Pension Act of 1959 [formerly set out in a Savings Provision note above] there shall be excluded 10 per centum of the amount of payments received under public or private retirement, annuity, endowment or similar plans or programs." -End- -CITE- 38 USC Sec. 1522 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Non-Service-Connected Disability Pension -HEAD- Sec. 1522. Net worth limitation -STATUTE- (a) The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran's spouse, and the veteran's children, it is reasonable that some part of the corpus of such estates be consumed for the veteran's maintenance. (b) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the veteran's and spouse's income, and the income of the veteran's children, it is reasonable that some part of the corpus of such child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran's child for purposes of this chapter. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 522; Pub. L. 86- 211, Sec. 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95-588, title I, Sec. 107, Nov. 4, 1978, 92 Stat. 2502; renumbered Sec. 1522 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II, Sec. 207(b)(2), Dec. 27, 2001, 115 Stat. 991.) -MISC1- AMENDMENTS 2001 - Subsec. (a). Pub. L. 107-103 inserted "1513 or" before "1521 of this title". 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 522 of this title as this section. Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521" in subsecs. (a) and (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in subsecs. (a) and (b). 1978 - Pub. L. 95-588 designated existing provisions as subsec. (a), inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran, and added subsec. (b). 1959 - Pub. L. 86-211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veteran's estate is such that under all the circumstances, including consideration of the veteran's income, it is reasonable that some part of the corpus be consumed for the veteran's maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see section 207(c) of Pub. L. 107-103, set out as an Effective Date note under section 1513 of this title. 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 1959 AMENDMENT Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10 of Pub. L. 86-211, set out as an Effective Date note under section 1521 of this title. -End- -CITE- 38 USC Sec. 1523 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER II - VETERANS' PENSIONS Non-Service-Connected Disability Pension -HEAD- Sec. 1523. Combination of ratings -STATUTE- (a) The Secretary shall provide that, for the purpose of determining whether or not a veteran is permanently and totally disabled, ratings for service-connec