Volume 84 · 1580
Public Law 91–588
To amend title 38 of the United States Code to increase the rates, income limitations and aid and attendance allowances relating to payment of pension and parents’ dependency and indemnity compensation; to exclude certain payments in determining annual income with respect to such pension and compensation; to make the Mexican border period a period of war for the purposes of such title; and for other purposes.
Approved December 24, 1970
Statutory text
AN ACT
To amend title 38 of the United States Code to increase the rates, income limitations and aid and attendance allowances relating to payment of pension and parents’ dependency and indemnity compensation; to exclude certain payments in determining annual income with respect to such pension and compensation; to make the Mexican border period a period of war for the purposes of such title; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
the table in subsection (b) of section 521 of title 38, United States Code, is amended to appear as follows:
“Column I Column II Annual income More than— Equal to or less than— but $300 $121 $300 400 119 400 500 117 500 600 115 600 700 112 700 800 108 800 900 104 900 1,000 100 1,000 1,000 96 1.100 1,200 92 1.200 1,300 88 1.300 1,400 84 1,400 1.500 79 1,500 1,600 75 1,600 1,700 69 1,700 1,800 63 1,800 1,900 57 1.900 2,000 51 2,000 2,130 45 2,100 2,200 37 2,200 2,300 29”.
The table in subsection (c) of such section 521 is amended to appear as follows:
“Column I Column II Column III Column IV Annual income More than— Equal to or One dependent Two dependents Three or more dependents but less than— $500 $132 $137 $142 $500 600 130 135 140 600 700 128 133 138 700 800 126 131 136 800 900 124 129 134 900 1,000 122 127 132 1,000 1,100 119 119 119 1,100 1,200 116 116 116 1,200 1,300 113 113 113 1,300 1,400 110 110 110 1,400 1,500 107 107 107 1,500 1,600 104 104 104 1,600 1,700 101 101 101 1,700 1,800 99 99 99 1,800 1,900 96 96 96 1,900 2,000 93 93 93 7,000 2,100 90 90 90 2,100 2,200 87 87 87 2,200 2,300 84 84 84 2.300 2,400 81 81 81 2,400 2,500 78 78 78 2,500 2,600 75 75 75 2,600 2,700 72 72 72 2,700 2,800 69 69 69 2,800 2,900 66 66 66 2,900 3,000 62 62 62 3,000 3.100 58 58 58 3,100 3,200 54 54 54 3,200 3,300 50 50 50 3,300 3,400 42 42 42 3,400 3. 500 34 34 34”.
The table in subsection (b) of section 541 of title 38, United
Widow alone.
States Code, is amended to appear as follows:
“Column I Column II Annual income More than— Equal to or but less than— $300 $81 $300 400 80 400 500 79 500 600 78 600 700 76 700 800 73 800 900 70 900 1,000 67 1,000 1,100 64 1,100 1.200 61 1,200 1,300 58 1,300 1,400 55 1,400 1,500 51 1.500 1,600 48 1,600 1,700 45 1,700 1.800 41 1.800 1,900 37 1,900 2,000 33 2,000 2,100 29 2,100 2,200 23 2,200 2,300 17”.
The table in subsection (c) of such section 541 is amended to
Widow with one child.
appear as follows:
“Column I Column II Annual income More than— Equal to or but less than— $600 $39 $600 700 98 700 800 97 800 900 96 900 1,000 95 1,000 1,100 94 1,100 1,200 92 1,200 1,300 90 1,300 1,400 88 1,400 1,500 86 1,500 1,600 84 1,600 1,700 82 1,700 1,800 80 1,800 1,900 78 1,900 2,000 76 2,000 2,100 74 2,100 2,200 72 2,200 2,300 70 2,300 2,400 68 2,400 2,500 66 2,500 2,600 64 2,600 2,700 62 2,700 2.800 59 2,800 2,900 56 2,900 3,000 53 3,000 3,100 51 3,100 3,200 48 3,200 3,300 45 3,300 3,400 43 3,400 3,500 41”.
Sec. 2.
The table in subsection (b)(1) of section 415 of title 38, United States Code, is amended to appear as follows:
“Column I Column II Total annual income More than— Equal to or but less than— $800 $96 $800 900 94 900 1,000 91 1,000 1,100 87 1,100 1,200 81 1,200 1,300 75 1,300 1,400 69 1,400 1,500 62 1,500 1,600 54 1,600 1,700 46 1,700 1,800 38 1,800 1,900 31 1,900 2,000 25 2,000 2,100 18 2,100 2,200 12 2,200 2,300 10”.
The table in subsection (c) of such section 415 is amended to appear as follows:
“Column I Column II Total annual income More than— Equal to or but less than— $800 $66 $800 900 64 900 1,000 61 1,000 1,100 58 1,100 1,200 54 1,200 1,300 50 1,300 1,400 46 1,400 1,500 41 1,500 1,600 35 1,600 1,700 29 1,700 1,800 23 1,800 1,900 20 1,900 2,000 16 2,000 2,100 14 2,100 2,200 12 2,200 2,300 10”.
The table in subsection (d) of such section 415 is amended to
appear as follows:
“Column I Column II Total combined annual income More than— Equal to or but less than— $1,000 $64 $1,000 1,100 62 1,100 1,200 60 1,200 1,300 58 1,300 1,400 56 1.400 1,500 54 1,500 1,600 52 1,600 1,700 49 1,700 1,800 46 1,800 1,900 44 1,900 2,000 42 2,000 2,100 40 2,100 2.200 38 2,200 2.300 35 2,300 2,400 33 2,400 2,500 31 2,500 2,600 29 2,600 2,700 27 2,700 2,800 25 2,800 2,900 23 2,900 3,000 21 3,000 3,100 19 3,100 3,200 17 3,200 3,300 14 3,300 3,400 12 3,400 3,500 10”.
Subsection (e) of such section 415 is amended by inserting
immediately preceding the word “file” in the first sentence thereof the following text: “, other than one who has attained seventy-two years of age and has been paid dependency and indemnity compensation during two consecutive calendar years,”.
Sec. 3.
Sections 322(b), 411(c), and 544 of title 38, United States Code, are each amended by striking out “$50” and inserting in
83 Stat. 146, 145.
lieu thereof “$55”.
Subsection (d) of section 521 of such title is amended by striking out “$100” and inserting in lieu thereof “$110”.
Subsection (e) of such section 521 is amended by striking out
“$40” and inserting in lieu thereof “$44”.
Section 542(c) of such title is amended by striking out “$1,800”
and inserting in lieu thereof “$2,000”.
Sec. 4.
Subsection (h) of section 612 of title 38, United States Code,
Medical treatment, eligibility.
is amended by adding at the end thereof the following new sentence: “The Administrator shall continue to furnish such drugs and medicines so ordered to any such veteran in need of regular aid and attendance whose pension payments have been discontinued solely because his annual income is greater than the applicable maximum annual income limitation, but only so long as his annual income does not exceed such maximum annual income limitation by more than $500.”
Sec. 5.
Section 4 of Public Law 90–275 (82 Stat. 68) is amended to
Income limitations.
read as follows:
“Sec. 4.
The annual income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 hereafter shall be $1,900 and $3,200, instead of $1,600 and
$2,900, respectively.”
Sec. 6.
Section 506 (a)(2) of title 38, United States Code, is amended by striking out the comma after “child” and inserting in lieu thereof “or a person who has attained seventy-two years of age and has been paid pension thereunder during two consecutive calendar years,”.
Sec. 7.
Section 503 of title 38, United States Code, is amended—
by inserting before “United” in paragraph (4) thereof “servicemen’s group life insurance,”;
by striking out the period at the end of paragraph (13) and inserting in lieu thereof a semicolon; and
by adding at the end thereof the following new paragraphs:
“(14) amounts equal to prepayments on an indebtedness secured by a mortgage, or similar type security instrument, on real property (which was prior to death the principal residence of a veteran and spouse) made by the veteran or his widow, after the death of the spouse, during the year of death and the succeeding year, if said indebtedness was in existence at the time of death;
“(15) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner;
“(16) payments received by a retired employee from his former employer as reimbursement for monthly premiums for supplementary medical insurance benefits for the aged provided
by part B of title XVIII of the Social Security Act, as amended;
“(17) payments of annuities elected under chapter 73 of title 10.”
Sec. 8.
Section 415(g)(1) of title 38, United States Code, is amended (1) by inserting “and under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959” immediately before the semicolon at the end of subparagraph (C), (2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon, and (3) by adding at the end thereof the following new subparagraph:
“(M) payments of annuities elected under chapter 73 of title 10.”
Section 1441 of title 10, United States Code, is amended by striking out “except section 415(g) and chapter 15 of title 38”.
Sec. 9.
Paragraph (11) of section 101 of title 38, United States Code, is amended by inserting “the Mexican border period,” immediately after “Spanish-American War,”.
Such section 101 is further amended by adding at the end thereof the following new paragraph:
“(30) The term ‘Mexican border period’ means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served for 90 days or more in Mexico, on the borders thereof, or in the waters adjacent thereto.”
Subsection (a) of section 521 of title 38, United States Code, is amended by inserting “the Mexican border period,” immediately before “World War I”.
Paragraphs (1) and (2) of subsection (g) of such section 521 are each amended by inserting “the Mexican border period,” immediately before “World War I”.
The heading of such section 521 is amended by inserting “the Mexican border period,” immediately before “World War I”.
Subsection (a) of section 541 of such title is amended by inserting “the Mexican border period,” immediately before “World War I”.
Subsection (e)(1) of such section 541 is amended by inserting “Mexican border period or” immediately before “World War I”.
The heading of such section 541 and the catchline immediately
before such heading are each amended by inserting “Mexican border period,” and “Mexican Border Period;”, respectively, immediately before “World War I” and “World War I”.
Subsection (a) of section 542 of title 38, United States Code,
is amended by inserting “the Mexican border period,” immediately before “World War I”.
The heading of such section 542 is amended by inserting “Mexican border period,” immediately before “World War I”.
Subsection (h) of section 612 of title 38, United States Code, is
Ante, p. 1583.
amended by inserting “the Mexican border period,”, immediate] v before “World War I,”.
Section 901 of title 38, United States Code, is amended—
by striking out “of Mexican border service,” in subsection (a);and
by amending subsection (c) thereof to read as follows:
“(c) For the purpose of this section, the term ‘Mexican border period’ as defined in paragraph (30) of section 101 of this title includes
Ante, p. 1584.
the period beginning on January 1, 1911, and ending on May 8, 1916.”.
The table of sections at the beginning of chapter 15 of title 38, United States Code, is amended
by inserting “the Mexican border period,” immediately after “521. Veterans of”;
by striking out: “World War I, World War II, the Korean conflict, and the Vietnam era
and inserting in lieu thereof: “Mexican border period, World War I, World War II, Korean conflict, and the Vietnam era
Sec. 10.
Sections 1, 2 (a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 shall
Effective dates.
take effect on January 1, 1971.
Sections 2(d) and 6 shall take effect on January 1, 1972.
Approved December 24, 1970.