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Volume 75 · 339

Public Law 87–138

To amend title 38, United States Code, to increase the rate of special pension payable to certain persons awarded the Medal of Honor, and for other purposes.

Approved August 14, 1961

Statutory text

AN ACT

To amend title 38, United States Code, to increase the rate of special pension payable to certain persons awarded the Medal of Honor, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That

(a)

subsection (b) of section 560 of title 38, United States Code, is amended (1) by striking out “sixty-five years” and inserting in lieu thereof “fifty years”; and (2) by striking out “, and who was honorably discharged from service by muster out, resignation, or otherwise”.

(b)

Subsection (c) of such section 560 is amended by inserting before the period at the end of the first sentence the following: “, and shall indicate whether or not the applicant desires to receive the special pension provided by section 562 of this title”.

Sec. 2.

(a)

Section 561 of title 38, United States Code, is amended to read as follows:

“§ 561. Certificate

“(a)

The Secretary concerned shall determine whether or not each, applicant is entitled to have his name entered on the Army, Navy, and Air Force Medal of Honor Roll. If the official award of the Medal of Honor to the applicant, or the official notice to him thereof, shows that the Medal of Honor was awarded to the applicant for an act described in section 560 of this title, such award or notice shall be sufficient to entitle the applicant to have his name entered on such roll without further investigation; otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence on file in any public office or department shall be considered.

“(b)

Each person whose name is entered on the Army, Navy, and Air Force Medal of Honor Roll shall be furnished a certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the Medal of Honor was awarded, of enrollment on such roll, and, if he has indicated his desire to receive the special pension provided by section 562 of this title, of his right to such special pension.

“(c)

The Secretary concerned shall deliver to the Administrator a certified copy of each certificate issued by him under subsection (b) in which the right of the person named in the certificate to the special pension provided by section 562 of this title is set forth. Such copy shall authorize the Administrator to pay such special pension to the person named in the certificate.”

(b)

The analysis of chapter 15 of such title is amended by striking out

and inserting in lieu thereof

Sec. 3.

Subsection (a) of section 562 of title 38, United States Code, is amended—

(1)

by inserting after “Medal of Honor roll” the following: “, and a copy of whose certificate has been delivered to him under subsection (c) of section 561 of this title,”; and

(2)

by striking out “$10” and inserting in lieu thereof “$100”.

Sec. 4.

The amendments made by this Act shall take effect on the

Effective date.

first day of the first month which begins after the date of the enactment of this Act, except that the amendments made by subsection (b) of the first section and by section 2 shall not apply with respect to any application under section 560 of title 38, United States Code, made before such first day by any person who fulfilled the qualifications prescribed by subsection (b) of such section at the time such application was made.

Approved August 14, 1961.

Parsed from the official Statutes at Large USLM XML in 75.xml