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Title 10 — Armed Forces

Part II · Chapter 831 — Miscellaneous Rights and Benefits

§ 8270. Pension to persons serving ten years

Statutory text

(a)

Every disabled person who has served in the Navy or Marine Corps as an enlisted member or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid.

(b)

Upon receipt of an application under subsection (a), the Secretary of the Navy may convene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy approves the recommendation, he shall so certify to the Secretary of Veterans Affairs, who shall pay a pension in such amount monthly to the applicant.

(c)

No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant’s disability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensation payable for total disability to a veteran of any war, or of peacetime service, as the case may be. In the case of any initial award of naval pension granted before , where the person granted the naval pension is also entitled to pension or compensation under laws administered by the Secretary of Veterans Affairs, such naval pension shall not exceed one-fourth of such pension or compensation.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans’ Benefits Act of 1957

    Pub. L. 85–56 title XXII § 2201(31)(C) · 71 Stat. 83

    Enacted · 10 U.S.C. § 8270

    Added Pub. L. 85–56, title XXII, § 2201(31)(C), June 17, 1957, 71 Stat. 161, § 6160

    Source evidence

    Code source credit
    Added Pub. L. 85–56, title XXII, § 2201(31)(C), June 17, 1957, 71 Stat. 161, § 6160

    Enacted provision · exact public law section
    (C) Chapter 561 of title 10 of the United States Code is amended 70A Stat. 385. by adding at the end thereof the following: “§ 6159. Half rating to disabled naval enlisted personnel serving twenty years “(a) There shall be paid to every person who, from age or infirmity, is disabled from sea service, but who has served as an enlisted man or petty officer, or both, in the Navy or Marine Corps for twenty or more years, and has not been discharged for misconduct, at his election, in lieu of being provided with a home in the. Naval Home, Philadelphia, a pension equal to one-half the pay of his rating at the time of his discharge, payable monthly. “(b) Applications for pension under this section shall be made to the Secretary of the Navy. If he is satisfied that the applicant is entitled to pension, he shall so certify to the Administrator, who shall pay naval pension to the applicant. “§ 6160. Pension to persons serving ten years “(a) Every disabled person who has served in the Navy or Marine Corps as an enlisted man or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid. “(b) Upon receipt of an application under subsection (a), the Secretary of the Navy may convene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy approves the recommendation, he shall so certify to the Administrator of Veterans’ Affairs, who shall pay a pension in such amount monthly to the applicant. “(c) No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant’s dis- ability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensation payable for total disability to a veteran of any war, or of peacetime service, as the case may be.”

  2. Pub. L. 85–857 § 13(v)(4) · 72 Stat. 1105

    Changed · 10 U.S.C. § 8270

    Pub. L. 85–857 limited naval pensions granted before July 14, 1943 to not more than one-fourth of any pension or compensation which the person is entitled to receive under laws administered by the Veterans’ Administration

    Source evidence

    Code amendment note
    Pub. L. 85–857 limited naval pensions granted before July 14, 1943 to not more than one-fourth of any pension or compensation which the person is entitled to receive under laws administered by the Veterans’ Administration.

    Enacted provision · exact public law section
    (u) Section 501 (c)(2) of the Servicemen’s and Veterans’ 70 Stat. 883. Survivor Benefits Act (5 U. S. C. 2091 note) is amended by striking out “under this Act” and inserting “under chapter 13 of title 38, United States Code”.

  3. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title XIII § 1301(c)(1) · 99 Stat. 583

    Substituted · 10 U.S.C. § 8270(a)

    Pub. L. 99–145 substituted “enlisted member” for “enlisted man”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–145 substituted “enlisted member” for “enlisted man”.

    Enacted provision · exact public law section
    (1) Section 6160(a) of title 10, United States Code, is amended by striking out “enlisted man” and inserting in lieu thereof “enlisted member”.

  4. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XVI § 1621(a)(2) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 8270(b)

    Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

    Enacted provision · exact public law section
    (2) The following sections are amended by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”: sections 1074(b), 1216(c), 1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a), 1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).

  5. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIV § 1484(j)(4) · 104 Stat. 1485

    Substituted · 10 U.S.C. § 8270(c)

    Pub. L. 101–510 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–510 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (4) Section 6160(c) of such title is amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Secretary of Veterans Affairs”.

  6. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(b)(10) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8270

    Pub. L. 115–232 renumbered section 6160 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6160 of this title as this section.

    Enacted provision · exact public law section
    (10) Chapter 561.— The sections in chapter 561 are redesignated as follows: SectionRedesignated Section 61418261 61518262 61528263 61538264 61548265 61558266 61568267 61608270 61618271

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1958–2018 · 5 rounds

2018

Pub. L. 115–232 renumbered section 6160 of this title as this section.

1990

Subsec. (c). Pub. L. 101–510 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

1989

Subsec. (b). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

1985

Subsec. (a). Pub. L. 99–145 substituted “enlisted member” for “enlisted man”.

1958

Pub. L. 85–857 limited naval pensions granted before to not more than one-fourth of any pension or compensation which the person is entitled to receive under laws administered by the Veterans’ Administration.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1958 Amendment

Pub. L. 85–857, § 13(v)(4), , 72 Stat. 1268, provided that the amendment made by that section is effective as of .

Effective Date

Section effective , see section 2301 of Pub. L. 85–56.

Credits

1957–2018 · 6 acts
  1. 1957Added Pub. L. 85–56, title XXII, § 2201(31)(C), , 71 Stat. 161, § 6160
  2. 1958amended Pub. L. 85–857, § 13(v)(4), , 72 Stat. 1268
  3. 1985Pub. L. 99–145, title XIII, § 1301(c)(1), , 99 Stat. 736
  4. 1989Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), , 103 Stat. 1603
  5. 1990Pub. L. 101–510, div. A, title XIV, § 1484(j)(4), , 104 Stat. 1719
  6. 2018renumbered § 8270, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), , 132 Stat. 1835.
Show as published

(Added Pub. L. 85–56, title XXII, § 2201(31)(C), , 71 Stat. 161, § 6160; amended Pub. L. 85–857, § 13(v)(4), , 72 Stat. 1268; Pub. L. 99–145, title XIII, § 1301(c)(1), , 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), , 103 Stat. 1603; Pub. L. 101–510, div. A, title XIV, § 1484(j)(4), , 104 Stat. 1719; renumbered § 8270, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), , 132 Stat. 1835.)

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