§ 102. Dependent parents

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 102

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109

2. 1966

   Veterans

   Pub. L. 89–358 § 4(e) · 80 Stat. 12

   Substituted · 38 U.S.C. § 102(a)(2)

   Pub. L. 89–358, § 4(e), substituted “Dependency” for “Except for the purposes of chapter 33 of this title, dependency”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 89–358, § 4(e), substituted “Dependency” for “Except for the purposes of chapter 33 of this title, dependency”.

   Enacted provision · exact public law section
   (e) Section 102(a)(2) of such title 38 is amended by striking out “Except for the purposes of chapter 33 of this title, dependency” and inserting in lieu thereof “Dependency”.

3. 1966

   Veterans

   Pub. L. 89–358 § 4(f) · 80 Stat. 12

   Struck · 38 U.S.C. § 102(b)

   Pub. L. 89–358, § 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–358, § 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.

   Enacted provision · exact public law section
   (f) Section 102(b) of such title 38 is amended by striking out “(except chapters 19 and 33)”, and inserting in lieu thereof, “(except chapter 19)”.

4. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 408(2) · 86 Stat. 1074

   Substituted · 38 U.S.C. § 102

   Pub. L. 92–540, § 408(2), substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 92–540, § 408(2), substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in section catchline.

   Enacted provision · exact public law section
   (2) The heading of such section is amended to read as follows: “§ 102. Dependent parents; husbands”.

5. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 § 408(1) · 86 Stat. 1074

   1. Struck · 38 U.S.C. § 102(b)

      Pub. L. 92–540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title

   2. Struck · 38 U.S.C. § 102(b)

      Pub. L. 92–540, § 408(1), struck out from definitions of “wife” and “widow” provisions relating to the ability of such persons to maintain and support themselves

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of “wife” and “widow” provisions relating to the ability of such persons to maintain and support themselves.

   Enacted provision · exact public law section
   (1) Subsection (b) thereof is amended to read as follows: “(b) For the purposes of this title, (1) the term ‘wife’ includes the husband of any female veteran; and (2) the term ‘widow’ includes the widower of any female veteran.”; and

6. 1976

   Veterans and Survivors Pension Adjustment Act of 1976

   Pub. L. 94–432 title IV § 402 · 90 Stat. 1369

   Substituted · 38 U.S.C. § 102(a)(2)

   Pub. L. 94–432 substituted prohibition against denial of dependency of a parent “(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support” for such prohibition “(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 94–432 substituted prohibition against denial of dependency of a parent “(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support” for such prohibition “(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator”.

   Enacted provision · exact public law section
   Sec. 402. Subsection 102(a)(2) of title 38, United States Code, is amended to read as follows: “(2) Dependency of a parent shall not be denied (A) solely because of remarriage, or (B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.”.

   Effective date note
   Amendment by Pub. L. 94–432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94–432, set out as a note under section 1521 of this title.

7. 1986

   Pub. L. 99–576 § 701(1)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 102

   Pub. L. 99–576, § 701(1)(B), substituted “Dependent parents” for “Dependent parents; husbands” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 99–576, § 701(1)(B), substituted “Dependent parents” for “Dependent parents; husbands” in section catchline.

   Enacted provision · exact public law section
   (B) The heading of section 102 and the item relating to that section in the table of sections at the beginning of chapter 1 are amended by striking out the semicolon and the last word.

8. 1986

   Pub. L. 99–576 § 701(1)(A)(ii) · 100 Stat. 3248

   1. Struck · 38 U.S.C. § 102(a)

      Pub. L. 99–576, § 701(1)(A)(ii), (iii), (v), struck out par. (1) designation

   2. Redesignated · 38 U.S.C. § 102(a)

      Pub. L. 99–576, § 701(1)(A)(ii), (iii), (v), redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576, § 701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C).

   Enacted provision · exact public law section
   (ii) by striking out “(1)” after “(a)”;

9. 1986

   Pub. L. 99–576 § 701(1)(A)(i) · 100 Stat. 3248

   1. Redesignated · 38 U.S.C. § 102(b)

      Pub. L. 99–576, § 701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b)

   2. Substituted · 38 U.S.C. § 102(b)

      Pub. L. 99–576, § 701(1)(A)(i), (iii), (iv), substituted “(1)” and “(2)” for “(A)” and “(B)”, respectively. Former subsec. (b), which read “For the purposes of this title, (1) the term ‘wife’ includes the husband of any female veteran; and (2) the term ‘widow’ includes the widower of any female veteran”, was struck out

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576, § 701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted “(1)” and “(2)” for “(A)” and “(B)”, respectively. Former subsec. (b), which read “For the purposes of this title, (1) the term ‘wife’ includes the husband of any female veteran; and (2) the term ‘widow’ includes the widower of any female veteran”, was struck out.

   Enacted provision · exact public law section
   (i) by striking out subsection (b);

10. 1986

    Pub. L. 99–576 § 701(1)(A)(v) · 100 Stat. 3248

    1. Redesignated · 38 U.S.C. § 102(c)

       Pub. L. 99–576, § 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C)

    2. Substituted · 38 U.S.C. § 102(c)

       Pub. L. 99–576, § 701(1)(A)(v), substituted “For the purposes of this section,” for “For the purposes of this subsection”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–576, § 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted “For the purposes of this section,” for “For the purposes of this subsection”.

    Enacted provision · exact public law section
    (v) by striking out “(3) For the purposes of this subsection” and inserting in lieu thereof “(C) For the purposes of this section,”.

11. 1991

    Pub. L. 102–54 § 14(a)(2) · 105 Stat. 267

    Substituted · 38 U.S.C. § 102(c)

    Pub. L. 102–54 substituted “(c)” for “(C)” as subsec. designation

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54 substituted “(c)” for “(C)” as subsec. designation.

    Enacted provision · exact public law section
    (2) Section 102 is amended by striking out “(C)” before “For the purposes of” and inserting in lieu thereof “(c)”.

12. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 102(a); 38 U.S.C. § 102(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

13. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 102(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

14. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 102(c)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

17 of 18 references resolved to an enrolled provision · 1 partial