§ 1304. 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. § 1304

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404

2. 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. § 1304

   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
   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.”

3. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 405(4) · 90 Stat. 1374

   1. Substituted · 38 U.S.C. § 1304

      Pub. L. 94–433, § 405(4), (5), substituted “surviving spouse”, “such surviving spouse”, and “such veteran” for “widow” in section catchline

   2. Substituted · 38 U.S.C. § 1304

      Pub. L. 94–433, § 405(4), (5), substituted “surviving spouse”, “such surviving spouse”, and “surviving spouses” for “widows” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 94–433, § 405(4), (5), substituted “surviving spouse”, “such surviving spouse”, and “such veteran” for “widow”, “she”, and “him”, respectively, in introductory clause and “surviving spouses” for “widows” in section catchline.

   Enacted provision · exact public law section
   (4) by striking out in section 404 “widow”, “she”, and “him”, and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, and “such veteran”, respectively;

   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.

4. 1991

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

   Changed · 38 U.S.C. § 1304

   Pub. L. 102–83 renumbered section 404 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 404 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.

4 of 5 references resolved to an enrolled provision · 1 partial