Volume 76 · 558
Public Law 87–674
To amend title 38, United States Code, to provide for the restoration of certain widows and children to the rolls upon annulment of their marriages or remarriages, and for other purposes.
Approved September 19, 1962
Statutory text
AN ACT
To amend title 38, United States Code, to provide for the restoration of certain widows and children to the rolls upon annulment of their marriages or remarriages, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph (3) of section 101 of title 38, United States Code, is amended by striking out “and who has not remarried (unless the purported remarriage is void)” and inserting in lieu thereof the following: “and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after enactment of the 1962 amendment to this paragraph, lived with another man and held herself out openly to the public to be the wife of such other man”.
Sec. 2.
Section 103 of title 38, United States Code, is amended by adding at the end thereof the following:
“(d) The remarriage of the widow of a veteran shall not bar the furnishing of benefits to her as the widow of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans’ Administration determines that the annulment was secured through fraud by either party or collusion.
“(e) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans’ Administration determines that the annulment was secured through fraud by either party or collusion.”
Sec. 3.
Section 3010 of title 38, United States Code, is amended by adding at the end thereof the following:
“(f) The effective date of the award of benefits to a widow or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed.”
Approved September 19, 1962.