§ 1512. Spanish-American War veterans

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. § 1512

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 512

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 512

2. 1960

   Pub. L. 86–670 § 2 · 74 Stat. 545

   Added · 38 U.S.C. § 1512(a)(3)

   Pub. L. 86–670 added cl. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 86–670 added cl. (3).

   Enacted provision · exact public law section
   Sec. 2. Section 512(a) of title 38, United States Code, is amended by adding at the end thereof the following: “(3) Any veteran eligible for pension under this subsection shall, if he so elects, be paid pension at the rates prescribed by section 521 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable.”

3. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title I § 111(b) · 81 Stat. 178

   1. Amended · 38 U.S.C. § 1512(a)(3)

      Pub. L. 90–77 designated existing provisions as subpar. (A)

   2. Inserted · 38 U.S.C. § 1512(a)(3)

      Pub. L. 90–77 inserted “except as provided in subparagraph (B)”

   3. Added · 38 U.S.C. § 1512(a)(3)

      Pub. L. 90–77 added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 90–77 designated existing provisions as subpar. (A), inserted “except as provided in subparagraph (B)”, and added subpar. (B).

   Enacted provision · exact public law section
   (b) Section 512(a) (3) of title 38, United States Code, is amended by 74 Stat. 545. (1) inserting “(A)” immediately before “Any”; (2) inserting “, except as provided in subparagraph (B)” immediately before the period at the end thereof; and (3) adding at the end thereof the following: “(B) The Administrator shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 521 of this title if he has elected, or would be payable if he were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph. Each change in the amount of pension payment required by this subparagraph shall lie effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.”

4. 1975

   Veterans and Survivors Pension Interim Adjustment Act of 1975

   Pub. L. 94–169 title I § 106(17) · 89 Stat. 1013

   Substituted · 38 U.S.C. § 1512(a)

   Pub. L. 94–169 substituted “such veteran” for “he” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–169 substituted “such veteran” for “he” wherever appearing.

   Enacted provision · exact public law section
   (17) by striking out in subsections (a) and (b) of section 512 “he” each time it appears and inserting in lieu thereof “such veteran”;

5. 1975

   Veterans and Survivors Pension Interim Adjustment Act of 1975

   Pub. L. 94–169 title I § 106(17) · 89 Stat. 1013

   Substituted · 38 U.S.C. § 1512(b)

   Pub. L. 94–169 substituted “such veteran” for “he”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–169 substituted “such veteran” for “he”.

   Enacted provision · exact public law section
   (17) by striking out in subsections (a) and (b) of section 512 “he” each time it appears and inserting in lieu thereof “such veteran”;

6. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 § 105(1) · 92 Stat. 2497

   1. Inserted · 38 U.S.C. § 1512(a)(3)(A)

      Pub. L. 95–588, § 105(1), inserted “(except the rate provided under subsection (g) of such section)” after “of this title”

   2. Substituted · 38 U.S.C. § 1512(a)(3)(A)

      Pub. L. 95–588, § 105(1), substituted “a period of war” for “World War I”

   3. Struck · 38 U.S.C. § 1512(a)(3)(A)

      Pub. L. 95–588, § 105(1), struck out exception to pension elections formerly provided pursuant to subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 95–588, § 105(1), inserted “(except the rate provided under subsection (g) of such section)” after “of this title”, substituted “a period of war” for “World War I”, and struck out exception to pension elections formerly provided pursuant to subpar. (B).

   Enacted provision · exact public law section
   (1) in subparagraph (A)— (A) by inserting “(except the rate provided under subsection (g) of such section)” after “of this title”; (B) by striking out “World War I” and inserting in lieu thereof “a period of war”; and (C) by striking out the comma and “except as provided in subparagraph (B)” in the second sentence of such subparagraph; and

   Effective date note
   Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

7. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 § 105(2) · 92 Stat. 2497

   Substituted · 38 U.S.C. § 1512(a)(3)(B)

   Pub. L. 95–588, § 105(2), substituted “as in effect on December 31, 1978, under regulations which the Administrator shall prescribe” for “if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 95–588, § 105(2), substituted “as in effect on December 31, 1978, under regulations which the Administrator shall prescribe” for “if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph”.

   Enacted provision · exact public law section
   (2) in subparagraph (B), by striking out “if such veteran” and Regulations. all that follows in the first sentence and inserting in lieu thereof a comma and “as in effect on December 31, 1978, under regulations which the Administrator shall prescribe.”.

   Effective date note
   Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

8. 1991

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

   Changed · 38 U.S.C. § 1512

   Pub. L. 102–83, § 5(a), renumbered section 512 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 512 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.

9. 1991

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

   Substituted · 38 U.S.C. § 1512(a)(1)

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

   Source evidence

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

   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.

10. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1512(a)(3)(A)

    Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

11. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1512(a)(3)(B)

    Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

12. 1991

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

    Substituted · 38 U.S.C. § 1512(a)(3)(B)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    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. § 1512(b)(1)

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

    Source evidence

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

    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.

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