Volume 71 · 485
Public Law 85–209
To liberalize certain criteria for determining eligibility of widows for benefits.
Approved August 28, 1957
Statutory text
AN ACT
To liberalize certain criteria for determining eligibility of widows for benefits.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
sections 302, 432 (d), 434 (c), 436 (c), and 441 (b) of the Veterans’ Benefits Act of 195“ are each amended by striking out paragraph (2) and inserting in lieu of such paragraph the following new paragraphs:
“(2) for five or more years; or
“(3) for any period of time if a child was born of the marriage.”
Section 443 of such Act is amended by striking out subsection
Ante, p. 109.
(b) and inserting in lieu thereof the following:
“(b) No pension shall be paid to a widow of a veteran under this section unless she was married to him—
“(1) before January 1, 1957, in the case of a widow of a veteran of World War II, or before February 1, 1965, in the case of a widow of a veteran of the Korean conflict; or
“(2) for five or more years; or
“(3) for any period of time if a child was born of the marriage.
Sec. 2.
Section 103 of the Veterans’ Benefits Act of 1957 is
Ante, p. 90.
amended to read as follows:
“Sec. 103. “special cases involving claims of widows
(a) Whenever, in the consideration of any claim filed by a woman as the widow of a veteran for gratuitous death benefits under laws administered by the Veterans’ Administration, it is established by evidence satisfactory to the Administrator that she, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with him for five or more years immediately before his death, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this section.
“(b) Where a widow has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met.”
The Table of Contents contained in the first section of the
Ante, p. 83.
Veterans’ Benefits Act of 1957 is amended by striking out
and inserting:
Sec. 3.
Veterans Regulation Numbered 10 is amended by inserting
immediately after paragraph IX thereof the following:
“(X) (a) The date on which a woman married a veteran shall not disqualify her for pension or compensation under any of the laws administered by the Veterans’ Administration if she was married to him—
“(1) for five or more years; or
“(2) for any period of time and a child was born of the marriage.
“(b) Whenever, in the consideration of any claim filed by a woman as the widow of a veteran for gratuitous death benefits under laws administered by the Veterans’ Administration, it is established by evidence satisfactory to the Administrator of Veterans’ Affairs that she, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with him for five or more years immediately before his death, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection.”
Approved August 28, 1957.