Collapse to view only § 1533. Children of Civil War veterans
- [§ 1531. Vacant]
- § 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
[§ 1531. Vacant]
§ 1532. Surviving spouses of Civil War veterans
(a) The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age; or
(2) $70 if such surviving spouse is seventy years of age or older.
(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
(c) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans’ Administration, or if such veteran was discharged or released from such service upon a surgeon’s certificate of disability.
(d) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before June 27, 1905; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 532; Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, § 106(20)–(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1532 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 103–446, title XII, § 1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)
§ 1533. Children of Civil War veterans
Whenever there is no surviving spouse entitled to pension under section 1532 of this title, the Secretary shall pay to the children of each Civil War veteran who met the service requirements of section 1532 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 533; Pub. L. 94–169, title I, § 106(25), Dec. 23, 1975, 89 Stat. 1018; renumbered § 1533 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
§ 1534. Surviving spouses of Indian War veterans
(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age; or
(2) $70 if such surviving spouse is seventy years of age or older.
(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before March 4, 1917; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 534; Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, § 106(26)–(29), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1534 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
§ 1535. Children of Indian War veterans
Whenever there is no surviving spouse entitled to pension under section 1534 of this title, the Secretary shall pay to the children of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 535; Pub. L. 94–169, title I, § 106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered § 1535 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
§ 1536. Surviving spouses of Spanish-American War veterans
(a) The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran’s service in the Spanish-American War, in which case the monthly rate shall be $75.
(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before January 1, 1938; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(d)
(1) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 1541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.
(2) The Secretary shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 1
1 See References in Text note below.
of this title, as in effect on December 31, 1978; or (B) that which is payable under section 1541 of this title, as in effect on December 31, 1978, as increased by such section 544,1 as in effect on such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 536; Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 92–328, title I, § 107, June 30, 1972, 86 Stat. 395; Pub. L. 94–169, title I, § 106(32)–(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L. 95–588, title I, § 108, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1536 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
§ 1537. Children of Spanish-American War veterans
Whenever there is no surviving spouse entitled to pension under section 1536 of this title, the Secretary shall pay to the children of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 537; Pub. L. 94–169, title I, § 106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered § 1537 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)