§ 1102. Special provisions relating to surviving spouses

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. § 1102

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302

2. 1960

   Pub. L. 86–491 · 74 Stat. 161

   Substituted · 38 U.S.C. § 1102(a)(1)

   Pub. L. 86–491 substituted “fifteen years” for “ten years”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 86–491 substituted “fifteen years” for “ten years”.

3. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title I § 101(a) · 81 Stat. 178

   Changed · 38 U.S.C. § 1102(a)(2); 38 U.S.C. § 1102(a)(3)

   Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

   Enacted provision · exact public law section
   (a) Paragraphs (2) and (3) of sections 302(a), 404,532(d), 534(c), 536(c), and 541(e) of title 38, United States Code, are amended to read as follows: “(2) for one year or more; or “(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.”

4. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 404(4) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 1102

   Pub. L. 94–433, § 404(4), substituted “surviving spouses” for “widows” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 94–433, § 404(4), substituted “surviving spouses” for “widows” in section catchline.

   Enacted provision · exact public law section
   (4) by striking out in the catchline of section 302 “widows” and inserting in lieu thereof “surviving spouses”;

   Effective date note
   Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

5. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 404(2) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 1102(a)

   Pub. L. 94–433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”.

   Enacted provision · exact public law section
   (2) by striking out in section 302(a) “widow of a veteran under this chapter unless she was married to him” and inserting in lieu thereof “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran”;

   Effective date note
   Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

6. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 404(3) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 1102(b)

   Pub. L. 94–433, § 404(3), substituted “surviving spouse” for “widow” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–433, § 404(3), substituted “surviving spouse” for “widow” in two places.

   Enacted provision · exact public law section
   (3) by striking out in section 302(b) “widow” each time it appears and inserting in lieu thereof “surviving spouse”;

   Effective date note
   Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1102

   Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1991

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

   Substituted · 38 U.S.C. § 1102(b)

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

   Source evidence

   Code amendment note
   Subsec. (b). 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”.

6 of 8 references resolved to an enrolled provision · 2 partial