Title 38 — Veterans’ Benefits

Part II · Chapter 15 — Pension for Non-Service-Connected Disability or Death or for Service

§ 1541. Surviving spouses of veterans of a period of war

Statutory text

The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title.

If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $7,933, reduced by the amount of the surviving spouse’s annual income.

If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $10,385. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $2,020 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child.

If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $12,681, reduced by the amount of the surviving spouse’s annual income.

If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $15,128. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $2,020 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child.

If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $9,696 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $12,144. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $2,020 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension.

For purposes of paragraph (1) of this subsection, the requirement of “permanently housebound” shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime.

No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran—

before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran, or (E) January 1, 2001, in the case of a surviving spouse of a veteran of the Persian Gulf War;

for one year or more; or

for any period of time if a child was born of the marriage, or was born to them before the marriage.

In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Secretary to do so would work a hardship on the surviving spouse.

As used in this section and section 1542 of this title, the term “veteran” includes a person who has completed at least two years of honorable active military, naval, air, or space service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.

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.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1541
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 541
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 541
1959
Veterans’ Pension Act of 1959
Pub. L. 86–211 § 4 · 73 Stat. 432
Changed · 38 U.S.C. § 1541
Pub. L. 86–211 included widows of World War II and Korean conflict veterans in section catchline
Source evidence
Code amendment note
Pub. L. 86–211 included widows of World War II and Korean conflict veterans in section catchline.
Enacted provision · exact public law section
Sec. 4. Subchapter III of chapter 15 of title 38, United States Code, is amended by striking out sections 541 through 545 and inserting in lieu thereof the following: “§ 541. Widows of World War I, World War II, or Korean conflict veterans “(a) The Administrator shall pay to the widow of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section. “(b) If there is no child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow’s annual income as shown in column I: “Column I Column II Annual income More than— but Equal to or less than— $600 $60 $600 1, 200 45 1, 200 1, 800 25 “(c) If there is a widow and one child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow’s annual income as shown in column I: “Column I Column II Annual income More than— but Equal to or less than— $1, 000 $75 $1, 000 2, 000 60 2, 000 3, 000 40 “(d) If there is a widow and more than one child, the monthly rate payable under subsection (c) shall be increased by $15 for each additional child. “(e) No pension shall be paid to a widow of a veteran under this section unless she was married to him— “(1) before (A) December 14, 1944, in the case of a widow of a World War I veteran, or (B) January 1, 1957, in the case of a widow of a World War II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran; or “(2) for five or more years; or “(3) for any period of time if a child was born of the marriage. “§ 542. Children of World War I, World War II, or Korean conflict veterans “(a) Whenever there is no widow entitled to pension under section 541 of this title, the Administrator shall pay to the child or children 72 Stat. 1138. of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the monthly rate of $35 for one child, and $15 for each additional child. “(b) Pension prescribed by this section shall be paid to eligible children in equal shares. “(c) No pension shall be paid under this section to a child whose annual income, excluding earned income, exceeds $1,800. “§ 543. Net worth limitation “The Administrator shall deny or discontinue payment of pension 72 Stat. 1138. under sections 541 or 542 of this title to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor’s maintenance.”
1959
Veterans’ Pension Act of 1959
Pub. L. 86–211 § 4 · 73 Stat. 432
Struck · 38 U.S.C. § 1541(a)
Pub. L. 86–211 included widows of World War II and Korean conflict veterans, and struck out provisions which authorized payment of a monthly pension of $50.40 to a widow with no child and $63 to a widow with one child, with $7.56 for each additional child. See subsecs. (b) to (d) of this section
Source evidence
Code amendment note
Subsec. (a). Pub. L. 86–211 included widows of World War II and Korean conflict veterans, and struck out provisions which authorized payment of a monthly pension of $50.40 to a widow with no child and $63 to a widow with one child, with $7.56 for each additional child. See subsecs. (b) to (d) of this section.
Enacted provision · exact public law section
Sec. 4. Subchapter III of chapter 15 of title 38, United States Code, is amended by striking out sections 541 through 545 and inserting in lieu thereof the following: “§ 541. Widows of World War I, World War II, or Korean conflict veterans “(a) The Administrator shall pay to the widow of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section. “(b) If there is no child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow’s annual income as shown in column I: “Column I Column II Annual income More than— but Equal to or less than— $600 $60 $600 1, 200 45 1, 200 1, 800 25 “(c) If there is a widow and one child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow’s annual income as shown in column I: “Column I Column II Annual income More than— but Equal to or less than— $1, 000 $75 $1, 000 2, 000 60 2, 000 3, 000 40 “(d) If there is a widow and more than one child, the monthly rate payable under subsection (c) shall be increased by $15 for each additional child. “(e) No pension shall be paid to a widow of a veteran under this section unless she was married to him— “(1) before (A) December 14, 1944, in the case of a widow of a World War I veteran, or (B) January 1, 1957, in the case of a widow of a World War II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran; or “(2) for five or more years; or “(3) for any period of time if a child was born of the marriage. “§ 542. Children of World War I, World War II, or Korean conflict veterans “(a) Whenever there is no widow entitled to pension under section 541 of this title, the Administrator shall pay to the child or children 72 Stat. 1138. of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the monthly rate of $35 for one child, and $15 for each additional child. “(b) Pension prescribed by this section shall be paid to eligible children in equal shares. “(c) No pension shall be paid under this section to a child whose annual income, excluding earned income, exceeds $1,800. “§ 543. Net worth limitation “The Administrator shall deny or discontinue payment of pension 72 Stat. 1138. under sections 541 or 542 of this title to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor’s maintenance.”
1959
Veterans’ Pension Act of 1959
Pub. L. 86–211 § 4 · 73 Stat. 432
1. Added · 38 U.S.C. § 1541(b)(e)
  Pub. L. 86–211 added subsecs. (b) to (d)
2. Redesignated · 38 U.S.C. § 1541(b)(e)
  Pub. L. 86–211 redesignated former subsec. (b) as (e)
3. Inserted · 38 U.S.C. § 1541(b)(e)
  Pub. L. 86–211 inserted provisions relating to the date by which a widow was required to be married to a veteran of World War II or the Korean conflict
Source evidence
Code amendment note
Subsecs. (b) to (e). Pub. L. 86–211 added subsecs. (b) to (d), redesignated former subsec. (b) as (e), and inserted provisions relating to the date by which a widow was required to be married to a veteran of World War II or the Korean conflict.
Enacted provision · exact public law section
Sec. 4. Subchapter III of chapter 15 of title 38, United States Code, is amended by striking out sections 541 through 545 and inserting in lieu thereof the following: “§ 541. Widows of World War I, World War II, or Korean conflict veterans “(a) The Administrator shall pay to the widow of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section. “(b) If there is no child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow’s annual income as shown in column I: “Column I Column II Annual income More than— but Equal to or less than— $600 $60 $600 1, 200 45 1, 200 1, 800 25 “(c) If there is a widow and one child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow’s annual income as shown in column I: “Column I Column II Annual income More than— but Equal to or less than— $1, 000 $75 $1, 000 2, 000 60 2, 000 3, 000 40 “(d) If there is a widow and more than one child, the monthly rate payable under subsection (c) shall be increased by $15 for each additional child. “(e) No pension shall be paid to a widow of a veteran under this section unless she was married to him— “(1) before (A) December 14, 1944, in the case of a widow of a World War I veteran, or (B) January 1, 1957, in the case of a widow of a World War II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran; or “(2) for five or more years; or “(3) for any period of time if a child was born of the marriage. “§ 542. Children of World War I, World War II, or Korean conflict veterans “(a) Whenever there is no widow entitled to pension under section 541 of this title, the Administrator shall pay to the child or children 72 Stat. 1138. of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the monthly rate of $35 for one child, and $15 for each additional child. “(b) Pension prescribed by this section shall be paid to eligible children in equal shares. “(c) No pension shall be paid under this section to a child whose annual income, excluding earned income, exceeds $1,800. “§ 543. Net worth limitation “The Administrator shall deny or discontinue payment of pension 72 Stat. 1138. under sections 541 or 542 of this title to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor’s maintenance.”
1964
Pub. L. 88–664 § 3(c) · 78 Stat. 1094
Changed · 38 U.S.C. § 1541(b)
Pub. L. 88–664, § 3(c), increased monthly pension rate in column II from $60, $45, and $25 to $64, $48, and $27, respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 88–664, § 3(c), increased monthly pension rate in column II from $60, $45, and $25 to $64, $48, and $27, respectively.
Enacted provision · exact public law section
(c) The table in section 541(b), title–38, United States Code, is Widows and children. 73 Stat. 434. amended to read as follows: “Column I Column II Annual income More than— but Equal to or less than— $600 $64 $600 1, 200 48 1, 200 1, 800 27”
1964
Pub. L. 88–664 § 3(d) · 78 Stat. 1094
Changed · 38 U.S.C. § 1541(c)
Pub. L. 88–664, § 3(d), increased monthly pension rate in column II from $75, $60, and $40 to $80, $64, and $43, respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 88–664, § 3(d), increased monthly pension rate in column II from $75, $60, and $40 to $80, $64, and $43, respectively.
Enacted provision · exact public law section
(d) The table in section 541(c), title 38, United States Code, is amended to read as follows: “Column I Column II Annual income More than— but Equal to or less than— $1, 000 $80 $1, 000 2, 000 64 2, 000 3, 000 43”
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 202(f) · 81 Stat. 178
Inserted · 38 U.S.C. § 1541
Pub. L. 90–77, § 202(f), inserted reference to Vietnam era in section catchline
Source evidence
Code amendment note
Pub. L. 90–77, § 202(f), inserted reference to Vietnam era in section catchline.
Enacted provision · exact public law section
(f) The catchline of section 541 of title 38, United States Code, is amended to read as follows: “§541. Widows of World War I, World War II, Korean conflict, or Vietnam era veterans”.
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 202(d) · 81 Stat. 178
Inserted · 38 U.S.C. § 1541(a)
Pub. L. 90–77, § 202(d), inserted reference to Vietnam era
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–77, § 202(d), inserted reference to Vietnam era.
Enacted provision · exact public law section
(d) Subsection (a) of section 541 of title 38, United States Code, is amended to read as follows: “(a) The Administrator shall pay to the widow of each veteran of World War I, World War II, the Korean conflict, or the Vietnam era who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section.”
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 106(a) · 81 Stat. 178
Changed · 38 U.S.C. § 1541(b)
Pub. L. 90–77, § 106(a), increased monthly pension rate in column II from $64, $48, and $27 to $70, $51, and $29, respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–77, § 106(a), increased monthly pension rate in column II from $64, $48, and $27 to $70, $51, and $29, respectively.
Enacted provision · exact public law section
(a) The table in subsection (b) of section 541 of title 38, United States Code, is amended to appear as follows: 78 Stat. 1095. “Column I Column II Annual income More than“ but Equal to or less than“ $600 $70 $600 1, 200 51 1, 200 1, 800 29”.
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 106(b) · 81 Stat. 178
Changed · 38 U.S.C. § 1541(c)
Pub. L. 90–77, § 106(b), increased monthly pension rate in column II from $80, $64, and $43 to $86, $67, and $45, respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–77, § 106(b), increased monthly pension rate in column II from $80, $64, and $43 to $86, $67, and $45, respectively.
Enacted provision · exact public law section
(b) The table in subsection (c) of such section 541 is amended to appear as follows: “Column I Column II Annual income More than—but Equal to or less than— $1, 000 $86 $1, 000 2, 000 67 2, 000 3,000 45”.
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 106(c) · 81 Stat. 178
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 90–77, § 106(c), substituted “$16” for “$15”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 90–77, § 106(c), substituted “$16” for “$15”.
Enacted provision · exact public law section
(c) Subsection (d) of such section 541 is amended by striking out “$15” and inserting in lieu thereof “$16”.
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 202(e) · 81 Stat. 178
Added · 38 U.S.C. § 1541(e)(1)
Pub. L. 90–77, § 202(e), added item (D)
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 90–77, § 202(e), added item (D).
Enacted provision · exact public law section
(e) Paragraph (1) of subsection (e) of such section is amended to read as follows: “(1) before (A) December 14, 1944, in the case of a widow of a World War I veteran, or (B) January 1, 1957, in the case of a widow of a World War II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran, or (D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran; or”.
1967
Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 101(a) · 81 Stat. 178
Changed · 38 U.S.C. § 1541(e)(2); 38 U.S.C. § 1541(e)(3)
Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension 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. (e)(2), (3). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension 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.”
1968
Pub. L. 90–275 § 1(c) · 82 Stat. 64
Substituted · 38 U.S.C. § 1541(b)
Pub. L. 90–275, § 1(c), in providing new annual income limits to measure monthly pension rates of widow without child, substituted minimum income limit of $300 for monthly benefit of $74 for former $600 limit for monthly benefit of $70, maximum income limit of $2,000 for monthly benefit of $17 for former $1,800 limit for monthly benefit of $29, and sixteen other in-between limits in one hundred dollar increments from more than $300 to less than $1,900 for monthly benefits of $73 to $23 for former in-between limit of more than $600 but less than $1,200 for monthly benefit of $51
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–275, § 1(c), in providing new annual income limits to measure monthly pension rates of widow without child, substituted minimum income limit of $300 for monthly benefit of $74 for former $600 limit for monthly benefit of $70, maximum income limit of $2,000 for monthly benefit of $17 for former $1,800 limit for monthly benefit of $29, and sixteen other in-between limits in one hundred dollar increments from more than $300 to less than $1,900 for monthly benefits of $73 to $23 for former in-between limit of more than $600 but less than $1,200 for monthly benefit of $51.
Enacted provision · exact public law section
(1) for the balance of calendar year 1968 and during calendar year 1969, at the prior monthly rate;
1968
Pub. L. 90–275 § 1(d) · 82 Stat. 64
Substituted · 38 U.S.C. § 1541(c)
Pub. L. 90–275, § 1(d), in providing new annual income limits to measure monthly pension rates of widow with one child, substituted minimum income limit of $600 for monthly benefit of $90 for former $1,000 limit for monthly benefit of $86, maximum income limit of $3,200 for monthly benefit of $41 for former $3,000 limit for monthly benefit of $45, and twenty-five other in-between limits in one hundred dollar increments from more than $600 to less than $3,100 for monthly benefits of $89 to $43 for former in-between limit of more than $1,000 but less than $2,000 for monthly benefit of $67
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–275, § 1(d), in providing new annual income limits to measure monthly pension rates of widow with one child, substituted minimum income limit of $600 for monthly benefit of $90 for former $1,000 limit for monthly benefit of $86, maximum income limit of $3,200 for monthly benefit of $41 for former $3,000 limit for monthly benefit of $45, and twenty-five other in-between limits in one hundred dollar increments from more than $600 to less than $3,100 for monthly benefits of $89 to $43 for former in-between limit of more than $1,000 but less than $2,000 for monthly benefit of $67.
Enacted provision · exact public law section
(1) for the balance of calendar year 1968 and during calendar year 1969, at the prior monthly rate;
1970
Pub. L. 91–588 § 9(d)(3) · 84 Stat. 1580
Inserted · 38 U.S.C. § 1541
Pub. L. 91–588, § 9(d)(3), inserted reference to Mexican border period in section catchline
Source evidence
Code amendment note
Pub. L. 91–588, § 9(d)(3), inserted reference to Mexican border period in section catchline.
Enacted provision · exact public law section
(3) The heading of such section 541 and the catchline immediately 81 Stat. 182. before such heading are each amended by inserting “Mexican border period,” and “Mexican Border Period;”, respectively, immediately before “World War I” and “World War I”.
1970
Pub. L. 91–588 § 9(d)(1) · 84 Stat. 1580
Inserted · 38 U.S.C. § 1541(a)
Pub. L. 91–588, § 9(d)(1), inserted reference to Mexican border period
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–588, § 9(d)(1), inserted reference to Mexican border period.
Enacted provision · exact public law section
(1) Subsection (a) of section 541 of such title is amended by inserting “the Mexican border period,” immediately before “World War I”.
1970
Pub. L. 91–588 § 1(c) · 84 Stat. 1580
1. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “$81” for “$74”
2. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “80” for “73”
3. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “79” for “72”
4. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “78” for “70”
5. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “76” for “67”
6. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “73” for “64”
7. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “70” for “61”
8. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “67” for “58”
9. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “64” for “55”
10. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “61” for “51”
11. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “58” for “48”
12. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “55” for “45”
13. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “51” for “41”
14. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “48” for “37”
15. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “45” for “33”
16. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “41” for “29”
17. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “37” for “23”
18. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “33” for “17”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “$81” for “$74”, “80” for “73”, “79” for “72”, “78” for “70”, “76” for “67”, “73” for “64”, “70” for “61”, “67” for “58”, “64” for “55”, “61” for “51”, “58” for “48”, “55” for “45”, “51” for “41”, “48” for “37”, “45” for “33”, “41” for “29”, “37” for “23”, and “33” for “17”.
Enacted provision · exact public law section
(1) Subsection (d) of section 521 of such title is amended by striking out “$100” and inserting in lieu thereof “$110”.
1970
Pub. L. 91–588 § 1(d) · 84 Stat. 1580
1. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “$99” for “$90”
2. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “98” for “89”
3. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “97” for “88”
4. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “96” for “87”
5. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “95” for “86”
6. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “94” for “85”
7. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “92” for “83”
8. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “90” for “81”
9. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “88” for “79”
10. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “86” for “77”
11. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “84” for “75”
12. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “82” for “73”
13. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “80” for “71”
14. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “78” for “69”
15. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “76” for “67”
16. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “74” for “65”
17. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “72” for “63”
18. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “70” for “61”
19. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “68” for “59”
20. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “66” for “57”
21. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “64” for “55”
22. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “62” for “53”
23. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “59” for “51”
24. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “56” for “48”
25. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “53” for “45”
26. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “51” for “43”
27. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “48” for “41”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “$99” for “$90”, “98” for “89”, “97” for “88”, “96” for “87”, “95” for “86”, “94” for “85”, “92” for “83”, “90” for “81”, “88” for “79”, “86” for “77”, “84” for “75”, “82” for “73”, “80” for “71”, “78” for “69”, “76” for “67”, “74” for “65”, “72” for “63”, “70” for “61”, “68” for “59”, “66” for “57”, “64” for “55”, “62” for “53”, “59” for “51”, “56” for “48”, “53” for “45”, “51” for “43”, and “48” for “41”.
Enacted provision · exact public law section
(1) Subsection (d) of section 521 of such title is amended by striking out “$100” and inserting in lieu thereof “$110”.
1970
Pub. L. 91–588 § 9(d)(2) · 84 Stat. 1580
Inserted · 38 U.S.C. § 1541(e)(1)
Pub. L. 91–588, § 9(d)(2), inserted reference to Mexican border period
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 91–588, § 9(d)(2), inserted reference to Mexican border period.
Enacted provision · exact public law section
(2) Subsection (e)(1) of such section 541 is amended by inserting “Mexican border period or” immediately before “World War I”.
1971
Pub. L. 92–198 § 1(c) · 85 Stat. 663
Substituted · 38 U.S.C. § 1541(b)
Pub. L. 92–198, § 1(c), substituted formula for computing monthly pension rates of widow without child by providing for a maximum monthly pension for each group within designated income category and for computing each individual’s monthly pension by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and raised the maximum income from $2,300 to $2,600
Source evidence
Code amendment note
Subsec. (b). Pub. L. 92–198, § 1(c), substituted formula for computing monthly pension rates of widow without child by providing for a maximum monthly pension for each group within designated income category and for computing each individual’s monthly pension by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and raised the maximum income from $2,300 to $2,600.
1971
Pub. L. 92–198 § 1(d) · 85 Stat. 663
Substituted · 38 U.S.C. § 1541(c)
Pub. L. 92–198, § 1(d), substituted formula for computing monthly pension rates of widow with one child by providing for a maximum monthly pension for each group with designated annual income category and for computing each individual’s monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and further providing that whenever the monthly rate payable is less than the amount payable to the child under section 542 of this title, the widow would be paid at the child’s rate, and raised the maximum income from $3,500 to $3,800
Source evidence
Code amendment note
Subsec. (c). Pub. L. 92–198, § 1(d), substituted formula for computing monthly pension rates of widow with one child by providing for a maximum monthly pension for each group with designated annual income category and for computing each individual’s monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and further providing that whenever the monthly rate payable is less than the amount payable to the child under section 542 of this title, the widow would be paid at the child’s rate, and raised the maximum income from $3,500 to $3,800.
1971
Pub. L. 92–198 § 1(e) · 85 Stat. 663
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 92–198, § 1(e), substituted “$17” for “$16”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 92–198, § 1(e), substituted “$17” for “$16”.
1973
Pub. L. 93–177 § 1(c) · 87 Stat. 694
1. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 93–177, § 1(c), substituted “$86” for “$87”
2. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 93–177, § 1(c), substituted “$1,400” for “$1,900”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–177, § 1(c), substituted “$86” for “$87” and “$1,400” for “$1,900”.
1973
Pub. L. 93–177 § 1(d) · 87 Stat. 694
1. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–177, § 1(d), substituted “$700” for “$600” in existing provisions
2. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–177, § 1(d), substituted “$114” for “$104” in existing provisions
3. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–177, § 1(d), substituted “$1,100” for “$1,400” in existing provisions
4. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–177, § 1(d), substituted “$2,500” for “$2,700” in existing provisions
5. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–177, § 1(d), substituted “$3,400” for “$3,800” in existing provisions
6. Inserted · 38 U.S.C. § 1541(c)
  Pub. L. 93–177, § 1(d), inserted provision for a reduction of 4 cents in monthly rate for each $1 of annual income in excess of $3,400 up to and including $3,800
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–177, § 1(d), substituted “$700” for “$600”, “$114” for “$104”, “$1,100” for “$1,400”, “$2,500” for “$2,700”, and “$3,400” for “$3,800” in existing provisions and inserted provision for a reduction of 4 cents in monthly rate for each $1 of annual income in excess of $3,400 up to and including $3,800.
1973
Pub. L. 93–177 § 2 · 87 Stat. 694
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 93–177, § 2, substituted “$18” for “$17”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–177, § 2, substituted “$18” for “$17”.
Enacted provision · exact public law section
Sec. 2, Section 541(d) of title 38, United States Code, is amended 85 Stat. 664. by striking “17” and substituting in lieu thereof “18”.
1974
Veterans and Survivors Pension Adjustment Act of 1974
Pub. L. 93–527 § 3(1) · 88 Stat. 1702
1. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 93–527, § 3(1), substituted “$108” for “$96”
2. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 93–527, § 3(1), substituted “$900” for “$1400”
3. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 93–527, § 3(1), substituted “$2100” for “$2600”
4. Inserted · 38 U.S.C. § 1541(b)
  Pub. L. 93–527, § 3(1), inserted provisions for reduction by 5 cents for each dollar of annual income in excess of $2100 up to and including $3000, that in no event shall monthly rate of pension be less than $5.00, and raising the maximum income from $2600 to $3000
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–527, § 3(1), substituted “$108” for “$96”, “$900” for “$1400” wherever appearing, and “$2100” for “$2600”, and inserted provisions for reduction by 5 cents for each dollar of annual income in excess of $2100 up to and including $3000, that in no event shall monthly rate of pension be less than $5.00, and raising the maximum income from $2600 to $3000.
Enacted provision · exact public law section
(1) by amending subsection (b) to read as follows: “(b) If there is no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $108. For each $1 of annual income in excess of $300 up to and including $600, the monthly rate shall lie reduced 1 cent; for each $1 of annual income in excess of $600 up to and including $900, the monthly rate shall be reduced 3 cents; for each $1 of annual income in excess of $900 up to and including $2,100, the monthly rate shall lie reduced 4 cents; and for each $1 of annual income in excess of $2,100 up to and including $3,000, the monthly rate shall be reduced 5 cents; but in no event shall the monthly rate of pension be less than $5. No pension shall be paid if annual income exceeds $3,000.”;
1974
Veterans and Survivors Pension Adjustment Act of 1974
Pub. L. 93–527 § 3(2) · 88 Stat. 1702
1. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–527, § 3(2), substituted “$128” for “$114” wherever appearing
2. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–527, § 3(2), substituted “$2100” for “$2500” wherever appearing
3. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–527, § 3(2), substituted “$3000” for “$3400” wherever appearing
4. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 93–527, § 3(2), substituted “$4200” for “$3800” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–527, § 3(2), substituted “$128” for “$114”, and “$2100” for “$2500” wherever appearing, “$3000” for “$3400” wherever appearing, and “$4200” for “$3800” wherever appearing.
Enacted provision · exact public law section
(2) by amending subsection (c) to read as follows: “(c) If there is a widow and one child, pension shall be paid according Widows with one child. to the following formula: If annual income is $700 or less, the monthly rate of pension shall be $128. For each $1 of annual income in excess of $700 up to and including $1,100, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,100 up to and including $2,100, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $2,100 up to and including $3,000, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $3,000 up to and including $4,200, the monthly rate shall be reduced 4 cents. Whenever the monthly rate payable to the widow under the foregoing formula is less than the amount which would be payable to the child under section 542 of this title if the widow were not entitled, the widow will be paid at the child’s rate. No pension shall be paid if the annual income exceeds $4,200.”;
1974
Veterans and Survivors Pension Adjustment Act of 1974
Pub. L. 93–527 § 3(3) · 88 Stat. 1702
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 93–527, § 3(3), substituted “$20” for “$18”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–527, § 3(3), substituted “$20” for “$18”.
Enacted provision · exact public law section
(3) by amending subsection (d) by striking out “$18” and inserting in lieu thereof “$20”; and
1974
Veterans and Survivors Pension Adjustment Act of 1974
Pub. L. 93–527 § 3(4) · 88 Stat. 1702
Added · 38 U.S.C. § 1541(f)
Pub. L. 93–527, § 3(4), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 93–527, § 3(4), added subsec. (f).
Enacted provision · exact public law section
(4) by adding at the end thereof the following new subsection: “(f) As used in this section and section 542 of this title, the term “Veterans.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 101(2)(H) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1541
Pub. L. 94–169, § 101(2)(H), substituted “Surviving Spouses” for “Widows” in section catchline
Source evidence
Code amendment note
Pub. L. 94–169, § 101(2)(H), substituted “Surviving Spouses” for “Widows” in section catchline.
Enacted provision · exact public law section
(H) by striking out in the catchline of section 541 “Widows” and inserting in lieu thereof “Surviving Spouses”;
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 101(2)(B) · 89 Stat. 1013
1. Substituted · 38 U.S.C. § 1541(a)
  Pub. L. 94–169, § 101(2)(B), substituted “surviving spouse” for “widow”
2. Struck · 38 U.S.C. § 1541(a)
  Pub. L. 94–169, § 101(2)(B), struck out “his” before “death”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–169, § 101(2)(B), substituted “surviving spouse” for “widow” and struck out “his” before “death”.
Enacted provision · exact public law section
(2) chapter 15 of title 38, United States Code, is amended— (A) by inserting in subsection (a) of section 503 “and” after the semicolon at the end of clause (16) of such subsection; (8) by striking out in subsection (a) of section 541 “widow” and inserting in lieu thereof “surviving spouse” and by striking out “his” preceding the word “death”; (C) by striking out in subsection (e) of section 541 the language preceding clause (1) of such subsection and inserting in lieu thereof “No pension shall be paid to a surviving spouse of a veteran under this section unless the spouse was married to the veteran—” and by amending subclause (D) of clause (1) of such subsection, to read as follows: “(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; or”; (D) by striking out in section 542 “widow” and inserting in lieu thereof “surviving spouse” and by striking out “his” preceding the word “death”; (E) by striking out in section 543 “widow” and inserting in lieu thereof “surviving spouse”; (F) by repealing sections 510 and 531; (G) by striking out in the heading of subchapter III “Widows” and inserting in lieu thereof “Surviving Spouses”; (H) by striking out in the catchline of section 541 “Widows” and inserting in lieu thereof “Surviving Spouses”; (I) by striking out in the subheading of subchapter III immediately following section 543 “widows” and inserting in lieu thereof “surviving spouses”; and (J) by amending the table of sections at the beginning of such chapter 15— (i) by striking out “510. Confederate forces veterans.”; (ii) by striking out “subchapter iii— pensions to widows and children” and inserting in lieu thereof “subchapter iii— pensions to surviving spouses and children” (iii) by striking out “531. Widows of Mexican War veterans.”; (iv) by striking out “541. Widows of Mexican border period, World War I, and World War II, Korean conflict, or Vietnam era veterans.” and inserting in lieu thereof “541. Surviving spouses of Mexican border period, World War I, World War II, Korean conflict, or Vietnam era veterans.”; and (v) by striking out “Widows of Veterans of All Periods of War” and inserting in lieu thereof “Surviving Spouses of Veterans of All Periods of War”.
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 103(1) · 89 Stat. 1013
1. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of pension from $108 to $117, substituted $900 to $1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the minimum and maximum income ranges for which the pension rates will be reduced by 4 and 5 cents per dollar, respectively
2. Inserted · 38 U.S.C. § 1541(b)
  Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of pension from $108 to $117, inserted income range of $2700 to $3300 for which the pension rate will be reduced by 6 cents, and increased from $3000 to $3300 the maximum income in excess of which no pension will be paid
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of pension from $108 to $117, substituted $900 to $1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the minimum and maximum income ranges for which the pension rates will be reduced by 4 and 5 cents per dollar, respectively, inserted income range of $2700 to $3300 for which the pension rate will be reduced by 6 cents, and increased from $3000 to $3300 the maximum income in excess of which no pension will be paid.
Enacted provision · exact public law section
(1) by amending subsections (b) and (c) to read as follows: “(b) (1) If there is no child, pension shall be paid to the surviving spouse according to the following formula: “The monthly rate of pension shall be $117 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $300 . 01 $300 600 . 03 600 900 . 04 900 1, 500 . 05 1, 500 2, 700 . 06 2, 700 3, 300 “(2) In no case may the amount of pension payable to any surviving spouse, under this subsection be less than $5 monthly. “(3) In no case may pension be paid under this subsection to any surviving spouse if the annual income of such surviving spouse exceeds $3,300. “(c) (1) If there is a surviving spouse and one child, pension shall be paid to the surviving spouse according to the following formula: “The monthly rate of pension shall be $139 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $700 . 01 $700 1, 100 . 02 1, 100 1, 800 . 03 1, 800 2, 700 . 04 2, 700 3, 500 . 05 3, 500 4, 500 “(2) In no case may pension be paid under this subsection to any surviving spouse if the annual income of such surviving spouse exceeds $4,500. “(3) Whenever the monthly rate payable to any surviving spouse under paragraph (1) of this subsection is less than the amount which 38 USC 542. would be payable for one child under section 542 of this title if the surviving spouse were not entitled, the surviving spouse shall be paid at the child’s rate.”; and
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 103(1) · 89 Stat. 1013
1. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, pension rate from $128 to $139, substituted $1100 to $1800 for $1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500 for $3000 to $4200 the minimum and maximum income ranges for which the pension rates will be reduced by 2, 3 and 4 cents per dollar, respectively
2. Inserted · 38 U.S.C. § 1541(c)
  Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, pension rate from $128 to $139, inserted income range of $3500 to $4500 for which the rate will be reduced by 5 cents, and increased the maximum income from $4200 to $4500 in excess of which no pension will be paid
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, pension rate from $128 to $139, substituted $1100 to $1800 for $1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500 for $3000 to $4200 the minimum and maximum income ranges for which the pension rates will be reduced by 2, 3 and 4 cents per dollar, respectively, inserted income range of $3500 to $4500 for which the rate will be reduced by 5 cents, and increased the maximum income from $4200 to $4500 in excess of which no pension will be paid.
Enacted provision · exact public law section
(1) by amending subsections (b) and (c) to read as follows: “(b) (1) If there is no child, pension shall be paid to the surviving spouse according to the following formula: “The monthly rate of pension shall be $117 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $300 . 01 $300 600 . 03 600 900 . 04 900 1, 500 . 05 1, 500 2, 700 . 06 2, 700 3, 300 “(2) In no case may the amount of pension payable to any surviving spouse, under this subsection be less than $5 monthly. “(3) In no case may pension be paid under this subsection to any surviving spouse if the annual income of such surviving spouse exceeds $3,300. “(c) (1) If there is a surviving spouse and one child, pension shall be paid to the surviving spouse according to the following formula: “The monthly rate of pension shall be $139 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $700 . 01 $700 1, 100 . 02 1, 100 1, 800 . 03 1, 800 2, 700 . 04 2, 700 3, 500 . 05 3, 500 4, 500 “(2) In no case may pension be paid under this subsection to any surviving spouse if the annual income of such surviving spouse exceeds $4,500. “(3) Whenever the monthly rate payable to any surviving spouse under paragraph (1) of this subsection is less than the amount which 38 USC 542. would be payable for one child under section 542 of this title if the surviving spouse were not entitled, the surviving spouse shall be paid at the child’s rate.”; and
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 103(2) · 89 Stat. 1013
1. Substituted · 38 U.S.C. § 1541(d)
  Pub. L. 94–169, § 103(2), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “surviving spouse” for “widow”
2. Substituted · 38 U.S.C. § 1541(d)
  Pub. L. 94–169, § 103(2), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “$22” for “$20”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–169, § 103(2), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “surviving spouse” for “widow” and “$22” for “$20”.
Enacted provision · exact public law section
(2) by striking out in subsection (d) “widow” and “$20” and inserting in lieu thereof “surviving spouse” and “$22”, respectively.
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 101(2)(C) · 89 Stat. 1013
1. Substituted · 38 U.S.C. § 1541(e)
  Pub. L. 94–169, § 101(2)(C), substituted “to a surviving spouse of a veteran under this section unless the spouse was married to the veteran” for “to a widow of a veteran under this section unless she was married to him”
2. Substituted · 38 U.S.C. § 1541(e)
  Pub. L. 94–169, § 101(2)(C), substituted “(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran” for “(D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 94–169, § 101(2)(C), substituted “to a surviving spouse of a veteran under this section unless the spouse was married to the veteran” for “to a widow of a veteran under this section unless she was married to him”, and “(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran” for “(D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran”.
Enacted provision · exact public law section
(C) by striking out in subsection (e) of section 541 the language preceding clause (1) of such subsection and inserting in lieu thereof “No pension shall be paid to a surviving spouse of a veteran under this section unless the spouse was married to the veteran—” and by amending subclause (D) of clause (1) of such subsection, to read as follows: “(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; or”;
1975
Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(40) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1541(e)(1)
Pub. L. 94–169, § 106(40), substituted “surviving spouse” for “widow” in subcls. (A), (B) and (C)
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 94–169, § 106(40), substituted “surviving spouse” for “widow” in subcls. (A), (B) and (C).
Enacted provision · exact public law section
(40) by striking out in subclauses (A), (B), and (C) of section 541(e)(1) “widow” each time it appears and inserting in lieu thereof “surviving spouse”;
1976
Veterans and Survivors Pension Adjustment Act of 1976
Pub. L. 94–432 § 203(1) · 90 Stat. 1369
Substituted · 38 U.S.C. § 1541(b)(1)
Pub. L. 94–432, § 203(1), increased monthly rate of pension from $117 to $125 and substituted $900 to $1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700 and $2,300 to $3,540 for $2,700 to $3,300
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 94–432, § 203(1), increased monthly rate of pension from $117 to $125 and substituted $900 to $1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700 and $2,300 to $3,540 for $2,700 to $3,300.
Enacted provision · exact public law section
(1) by amending the table in subsection (b)(1) to read as follows: “The monthly rate of pension shall be $125 reduced by—reduced by— For each $1 of annual income Which is more than— But not more than— $0.00 0 $300 .01 $300 600 .03 600 900 .04 900 1,200 .05 1,200 2,300 .06 2,300 3,540”;
1976
Veterans and Survivors Pension Adjustment Act of 1976
Pub. L. 94–432 § 203(2) · 90 Stat. 1369
Substituted · 38 U.S.C. § 1541(b)(3)
Pub. L. 94–432, § 203(2), substituted “$3,540” for “$3,300”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 94–432, § 203(2), substituted “$3,540” for “$3,300”.
Enacted provision · exact public law section
(2) by striking out “$3,300” in subsection (b)(3) and inserting in lieu thereof “$3,540”;
1976
Veterans and Survivors Pension Adjustment Act of 1976
Pub. L. 94–432 § 203(3) · 90 Stat. 1369
Substituted · 38 U.S.C. § 1541(c)(1)
Pub. L. 94–432, § 203(3), increased monthly rate of pension from $139 to $149 and substituted $1,100 to $1,700 for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500 to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to $4,500
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 94–432, § 203(3), increased monthly rate of pension from $139 to $149 and substituted $1,100 to $1,700 for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500 to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to $4,500.
Enacted provision · exact public law section
(3) by amending the table in subsection (c)(1) to read as follows: “The monthly rate of pension shall be $125 reduced by—reduced by— For each $1 of annual income Which is more than— But not more than— $0.00 0 $700 .01 $700 1,100 .02 1,100 1,700 .03 1,700 2,500 .04 2,500 3,300 .05 3,300 4,760”;
1976
Veterans and Survivors Pension Adjustment Act of 1976
Pub. L. 94–432 § 203(4) · 90 Stat. 1369
Substituted · 38 U.S.C. § 1541(c)(2)
Pub. L. 94–432, § 203(4), substituted “$4,760” for “$4,500”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 94–432, § 203(4), substituted “$4,760” for “$4,500”.
Enacted provision · exact public law section
(4) by striking out “$4,500” in subsection (c)(2) and inserting in lieu thereof “$4,760”; and
1976
Veterans and Survivors Pension Adjustment Act of 1976
Pub. L. 94–432 § 203(5) · 90 Stat. 1369
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 94–432, § 203(5), substituted “$24” for “$22”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–432, § 203(5), substituted “$24” for “$22”.
Enacted provision · exact public law section
(5) by striking out“$22” in subsection (d) and inserting in lieu thereof “$24”.
1977
Veterans and Survivors Pension Adjustment Act of 1977
Pub. L. 95–204 § 102(1) · 91 Stat. 1455
1. Inserted · 38 U.S.C. § 1541(b)(1)
  Pub. L. 95–204, § 102(1), increased monthly rate of pension from $125 to $133, inserted authorization for reductions by .07 for amounts more than 2,800 but not more than 3,770
2. Substituted · 38 U.S.C. § 1541(b)(1)
  Pub. L. 95–204, § 102(1), increased monthly rate of pension from $125 to $133, substituted “1,100” for “1,200”
3. Substituted · 38 U.S.C. § 1541(b)(1)
  Pub. L. 95–204, § 102(1), increased monthly rate of pension from $125 to $133, substituted “1,800” for “2,300”
4. Substituted · 38 U.S.C. § 1541(b)(1)
  Pub. L. 95–204, § 102(1), increased monthly rate of pension from $125 to $133, substituted “2,800” for “3,540”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 95–204, § 102(1), increased monthly rate of pension from $125 to $133, inserted authorization for reductions by .07 for amounts more than 2,800 but not more than 3,770, and substituted “1,100” for “1,200” in two places, “1,800” for “2,300” in two places, and “2,800” for “3,540”.
Enacted provision · exact public law section
(1) amending the table in subsection (b)(1) to read as follows: “The monthly rate of pension shall be $133 reduced by— For each $1 of annual income Which is more But not more than— than— $0. 00 0 $300 . 01 $300 600 . 03 600 900 . 04 900 1, 100 . 05 1, 100 1, 800 . 06 1, 800 2, 800 . 07 2, 800 3, 770”;
1977
Veterans and Survivors Pension Adjustment Act of 1977
Pub. L. 95–204 § 102(2) · 91 Stat. 1455
Substituted · 38 U.S.C. § 1541(b)(3)
Pub. L. 95–204, § 102(2), substituted “$3,770” for “$3,540”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 95–204, § 102(2), substituted “$3,770” for “$3,540”.
Enacted provision · exact public law section
(2) striking out “$3,540” in subsection (b) (3) and inserting in lieu thereof “$3,770”;
1977
Veterans and Survivors Pension Adjustment Act of 1977
Pub. L. 95–204 § 102(3) · 91 Stat. 1455
1. Substituted · 38 U.S.C. § 1541(c)(1)
  Pub. L. 95–204, § 102(3), increased monthly rate of pension from $149 to $159, and substituted “1,600” for “1,700”
2. Substituted · 38 U.S.C. § 1541(c)(1)
  Pub. L. 95–204, § 102(3), increased monthly rate of pension from $149 to $159, and substituted “2,400” for “2,500”
3. Substituted · 38 U.S.C. § 1541(c)(1)
  Pub. L. 95–204, § 102(3), increased monthly rate of pension from $149 to $159, and substituted “2,900” for “3,300”
4. Substituted · 38 U.S.C. § 1541(c)(1)
  Pub. L. 95–204, § 102(3), increased monthly rate of pension from $149 to $159, and substituted “5,070” for “4,760”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 95–204, § 102(3), increased monthly rate of pension from $149 to $159, and substituted “1,600” for “1,700” in two places, “2,400” for “2,500” in two places, “2,900” for “3,300” in two places, and “5,070” for “4,760”.
Enacted provision · exact public law section
(3) amending the table in subsection (c)(1) to read as follows: “The monthly rate of pension shall be $159 reduced by— For each $1 of annual income Which is more But not more than— than— $0. 00 0 $700 . 01 $700 1, 100 . 02 1, 100 1, 600 . 03 1, 600 2, 400 . 04 2, 400 2, 900 . 05 2, 900 5, 070”;
1977
Veterans and Survivors Pension Adjustment Act of 1977
Pub. L. 95–204 § 102(4) · 91 Stat. 1455
Substituted · 38 U.S.C. § 1541(c)(2)
Pub. L. 95–204, § 102(4), substituted “$5,070” for “$4,760”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 95–204, § 102(4), substituted “$5,070” for “$4,760”.
Enacted provision · exact public law section
(4) striking out “$4,760” in subsection (c) (2) and inserting in lieu thereof “$5,070”: and
1977
Veterans and Survivors Pension Adjustment Act of 1977
Pub. L. 95–204 § 102(5) · 91 Stat. 1455
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 95–204, § 102(5), substituted “$26” for “$24”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 95–204, § 102(5), substituted “$26” for “$24”.
Enacted provision · exact public law section
(5) striking out “$24” in subsection (d) and inserting in lieu thereof “$26”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
Inserted · 38 U.S.C. § 1541(a)
Pub. L. 95–588 revised eligibility provisions relating to surviving spouses to apply to veterans of any period of war rather than veterans of specifically named wars and inserted reference to periodic increases of rate of pension payments pursuant to section 3112 of this title
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–588 revised eligibility provisions relating to surviving spouses to apply to veterans of any period of war rather than veterans of specifically named wars and inserted reference to periodic increases of rate of pension payments pursuant to section 3112 of this title.
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
1. Inserted · 38 U.S.C. § 1541(b)
  Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision
2. Substituted · 38 U.S.C. § 1541(b)
  Pub. L. 95–588 qualified parental requirement of this subsection by substituted a fixed pension amount of $2,379 for a formula for determining such annual pension based upon annual income of the veteran
3. Struck · 38 U.S.C. § 1541(b)
  Pub. L. 95–588 qualified parental requirement of this subsection by struck out minimum and maximum monthly payment requirements
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $2,379 for a formula for determining such annual pension based upon annual income of the veteran, and struck out minimum and maximum monthly payment requirements.
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
1. Inserted · 38 U.S.C. § 1541(c)
  Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision
2. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 95–588 qualified parental requirement of this subsection by substituted a fixed pension amount of $3,116 for a formula for determining such annual pension based upon annual income of the veteran
3. Inserted · 38 U.S.C. § 1541(c)
  Pub. L. 95–588 qualified parental requirement of this subsection by inserted a provision authorizing an annual pension rate increase of $600 for each family member of an eligible veteran in excess of one
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $3,116 for a formula for determining such annual pension based upon annual income of the veteran, and inserted a provision authorizing an annual pension rate increase of $600 for each family member of an eligible veteran in excess of one.
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
Substituted · 38 U.S.C. § 1541(d)
Pub. L. 95–588 substituted provisions prescribing a fixed amount of $3,806, as reduced by an annual income deduction, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (b) of this section and in need of regular aid and attendance and a fixed amount of $4,543, subject to a similar deduction for income of spouse and child, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (c) of this section and in need of such aid for provision prescribing the monthly rate of pension payable under subsec. (c) of this section where there is a surviving spouse and more than one child
Source evidence
Code amendment note
Subsec. (d). Pub. L. 95–588 substituted provisions prescribing a fixed amount of $3,806, as reduced by an annual income deduction, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (b) of this section and in need of regular aid and attendance and a fixed amount of $4,543, subject to a similar deduction for income of spouse and child, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (c) of this section and in need of such aid for provision prescribing the monthly rate of pension payable under subsec. (c) of this section where there is a surviving spouse and more than one child.
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
Substituted · 38 U.S.C. § 1541(e)
Pub. L. 95–588 substituted provisions relating to a surviving spouse who is permanently housebound for provisions specifying the eligibility requirements for such surviving spouses
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–588 substituted provisions relating to a surviving spouse who is permanently housebound for provisions specifying the eligibility requirements for such surviving spouses.
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
Substituted · 38 U.S.C. § 1541(f)
Pub. L. 95–588 substituted provisions specifying the eligibility requirements for surviving spouses for provision defining “veteran”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 95–588 substituted provisions specifying the eligibility requirements for surviving spouses for provision defining “veteran”.
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1978
Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 title I § 109(a) · 92 Stat. 2497
Added · 38 U.S.C. § 1541(g); 38 U.S.C. § 1541(h)
Pub. L. 95–588 added subsecs. (g) and (h)
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 95–588 added subsecs. (g) and (h).
Enacted provision · exact public law section
(a) Section 541 of title 38, United States Code, is amended to read as follows: “§ 541. Surviving spouses of veterans of a period of war “(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. “(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse’s annual income. “(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse’s annual income. “(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. “(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. “(2) For purposes of paragraph (1) of this subsection, the requirement “Permanently housebound.” of ‘permanently housebound’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime. “(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— “(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; “(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. “(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. “(h) As used in this section and section 542 of this title, the term “Veteran.” ‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
1991
Persian Gulf War Veterans’ Benefits Act of 1991
Pub. L. 102–25 title III § 333(b) · 105 Stat. 75
Added · 38 U.S.C. § 1541(f)(1)(E)
Pub. L. 102–25 added cl. (E)
Source evidence
Code amendment note
Subsec. (f)(1)(E). Pub. L. 102–25 added cl. (E).
Enacted provision · exact public law section
(b) Section 541(f)(1) of such title is amended— (1) by striking out “or” before (D); and (2) by inserting before the semicolon at the end “, or (E) January 1, 2001, in the case of a surviving spouse of a veteran of the Persian Gulf War”.
1991
Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(d)(1) · 105 Stat. 187
Substituted · 38 U.S.C. § 1541(a)
Pub. L. 102–40 substituted “5312” for “3112”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–40 substituted “5312” for “3112”.
Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.
1991
Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1541
Pub. L. 102–83, § 5(a), renumbered section 541 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 541 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.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1541(a)
Pub. L. 102–83, § 5(c)(1), substituted “1521(j)” for “521(j)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1521(j)” for “521(j)”.
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.
1991
Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1541(a)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
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”.
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.
1991
Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1541(g)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (g). 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.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1541(h)
Pub. L. 102–83, § 5(c)(1), substituted “1542” for “542”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 102–83, § 5(c)(1), substituted “1542” for “542”.
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.
2010
Veterans’ Benefits Act of 2010
Pub. L. 111–275 § 608(b)(1) · 124 Stat. 2864
Substituted · 38 U.S.C. § 1541(b)
Pub. L. 111–275, § 608(b)(1), substituted “$7,933” for “$2,379”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–275, § 608(b)(1), substituted “$7,933” for “$2,379”.
Enacted provision · exact public law section
(1) in subsection (b), by striking “$2,379” and inserting “$7,933”;
Effective date note
Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.
2010
Veterans’ Benefits Act of 2010
Pub. L. 111–275 § 608(b)(2) · 124 Stat. 2864
1. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 111–275, § 608(b)(2), substituted “$10,385” for “$3,116”
2. Substituted · 38 U.S.C. § 1541(c)
  Pub. L. 111–275, § 608(b)(2), substituted “$2,020” for “$600”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 111–275, § 608(b)(2), substituted “$10,385” for “$3,116” and “$2,020” for “$600”.
Enacted provision · exact public law section
(2) in subsection (c)— (A) by striking “$3,116” and inserting “$10,385”; and (B) by striking “$600” and inserting “$2,020”;
Effective date note
Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.
2010
Veterans’ Benefits Act of 2010
Pub. L. 111–275 § 608(b)(3)(A) · 124 Stat. 2864
Substituted · 38 U.S.C. § 1541(d)(1)
Pub. L. 111–275, § 608(b)(3)(A), substituted “$12,681” for “$3,806”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 111–275, § 608(b)(3)(A), substituted “$12,681” for “$3,806”.
Enacted provision · exact public law section
(A) in paragraph (1), by striking “$3,806” and inserting “$12,681”; and
Effective date note
Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.
2010
Veterans’ Benefits Act of 2010
Pub. L. 111–275 § 608(b)(3)(B) · 124 Stat. 2864
1. Substituted · 38 U.S.C. § 1541(d)(2)
  Pub. L. 111–275, § 608(b)(3)(B), substituted “$15,128” for “$4,543”
2. Substituted · 38 U.S.C. § 1541(d)(2)
  Pub. L. 111–275, § 608(b)(3)(B), substituted “$2,020” for “$600”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 111–275, § 608(b)(3)(B), substituted “$15,128” for “$4,543” and “$2,020” for “$600”.
Enacted provision · exact public law section
(B) in paragraph (2)— (i) by striking “$4,543” and inserting “$15,128”; and (ii) by striking “$600” and inserting “$2,020”; and
Effective date note
Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.
2010
Veterans’ Benefits Act of 2010
Pub. L. 111–275 § 608(b)(4) · 124 Stat. 2864
1. Substituted · 38 U.S.C. § 1541(e)(1)
  Pub. L. 111–275, § 608(b)(4), substituted “$9,696” for “$2,908”
2. Substituted · 38 U.S.C. § 1541(e)(1)
  Pub. L. 111–275, § 608(b)(4), substituted “$12,144” for “$3,645”
3. Substituted · 38 U.S.C. § 1541(e)(1)
  Pub. L. 111–275, § 608(b)(4), substituted “$2,020” for “$600”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 111–275, § 608(b)(4), substituted “$9,696” for “$2,908”, “$12,144” for “$3,645”, and “$2,020” for “$600”.
Enacted provision · exact public law section
(4) in subsection (e)(1)— (A) by striking “$2,908” and inserting “$9,696”; (B) by striking “$3,645” and inserting “$12,144”; and (C) by striking “$600” and inserting “$2,020”.
Effective date note
Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title IX § 926(a)(20) · 134 Stat. 3388
Substituted · 38 U.S.C. § 1541(h)
Pub. L. 116–283 substituted “air, or space service” for “or air service”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
Enacted provision · exact public law section
(20) Section 1541(h).

131 of 143 references resolved to an enrolled provision · 12 partial

Editorial Notes

Amendments1959–2021 · 15 rounds

2021

Subsec. (h). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

2010

Subsec. (b). Pub. L. 111–275, § 608(b)(1), substituted “$7,933” for “$2,379”.

Subsec. (c). Pub. L. 111–275, § 608(b)(2), substituted “$10,385” for “$3,116” and “$2,020” for “$600”.

Subsec. (d)(1). Pub. L. 111–275, § 608(b)(3)(A), substituted “$12,681” for “$3,806”.

Subsec. (d)(2). Pub. L. 111–275, § 608(b)(3)(B), substituted “$15,128” for “$4,543” and “$2,020” for “$600”.

Subsec. (e)(1). Pub. L. 111–275, § 608(b)(4), substituted “$9,696” for “$2,908”, “$12,144” for “$3,645”, and “$2,020” for “$600”.

1991

Pub. L. 102–83, § 5(a), renumbered section 541 of this title as this section.

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

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

Pub. L. 102–40 substituted “5312” for “3112”.

Subsec. (f)(1)(E). Pub. L. 102–25 added cl. (E).

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

Subsec. (h). Pub. L. 102–83, § 5(c)(1), substituted “1542” for “542”.

1978

Subsec. (a). Pub. L. 95–588 revised eligibility provisions relating to surviving spouses to apply to veterans of any period of war rather than veterans of specifically named wars and inserted reference to periodic increases of rate of pension payments pursuant to section 3112 of this title.

Subsec. (b). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $2,379 for a formula for determining such annual pension based upon annual income of the veteran, and struck out minimum and maximum monthly payment requirements.

Subsec. (c). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $3,116 for a formula for determining such annual pension based upon annual income of the veteran, and inserted a provision authorizing an annual pension rate increase of $600 for each family member of an eligible veteran in excess of one.

Subsec. (d). Pub. L. 95–588 substituted provisions prescribing a fixed amount of $3,806, as reduced by an annual income deduction, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (b) of this section and in need of regular aid and attendance and a fixed amount of $4,543, subject to a similar deduction for income of spouse and child, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (c) of this section and in need of such aid for provision prescribing the monthly rate of pension payable under subsec. (c) of this section where there is a surviving spouse and more than one child.

Subsec. (e). Pub. L. 95–588 substituted provisions relating to a surviving spouse who is permanently housebound for provisions specifying the eligibility requirements for such surviving spouses.

Subsec. (f). Pub. L. 95–588 substituted provisions specifying the eligibility requirements for surviving spouses for provision defining “veteran”.

Subsecs. (g), (h). Pub. L. 95–588 added subsecs. (g) and (h).

1977

Subsec. (b)(1). Pub. L. 95–204, § 102(1), increased monthly rate of pension from $125 to $133, inserted authorization for reductions by .07 for amounts more than 2,800 but not more than 3,770, and substituted “1,100” for “1,200” in two places, “1,800” for “2,300” in two places, and “2,800” for “3,540”.

Subsec. (b)(3). Pub. L. 95–204, § 102(2), substituted “$3,770” for “$3,540”.

Subsec. (c)(1). Pub. L. 95–204, § 102(3), increased monthly rate of pension from $149 to $159, and substituted “1,600” for “1,700” in two places, “2,400” for “2,500” in two places, “2,900” for “3,300” in two places, and “5,070” for “4,760”.

Subsec. (c)(2). Pub. L. 95–204, § 102(4), substituted “$5,070” for “$4,760”.

Subsec. (d). Pub. L. 95–204, § 102(5), substituted “$26” for “$24”.

1976

Subsec. (b)(1). Pub. L. 94–432, § 203(1), increased monthly rate of pension from $117 to $125 and substituted $900 to $1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700 and $2,300 to $3,540 for $2,700 to $3,300.

Subsec. (b)(3). Pub. L. 94–432, § 203(2), substituted “$3,540” for “$3,300”.

Subsec. (c)(1). Pub. L. 94–432, § 203(3), increased monthly rate of pension from $139 to $149 and substituted $1,100 to $1,700 for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500 to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to $4,500.

Subsec. (c)(2). Pub. L. 94–432, § 203(4), substituted “$4,760” for “$4,500”.

Subsec. (d). Pub. L. 94–432, § 203(5), substituted “$24” for “$22”.

1975

Pub. L. 94–169, § 101(2)(H), substituted “Surviving Spouses” for “Widows” in section catchline.

Subsec. (a). Pub. L. 94–169, § 101(2)(B), substituted “surviving spouse” for “widow” and struck out “his” before “death”.

Subsec. (b). Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of pension from $108 to $117, substituted $900 to $1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the minimum and maximum income ranges for which the pension rates will be reduced by 4 and 5 cents per dollar, respectively, inserted income range of $2700 to $3300 for which the pension rate will be reduced by 6 cents, and increased from $3000 to $3300 the maximum income in excess of which no pension will be paid.

Subsec. (c). Pub. L. 94–169, § 103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, pension rate from $128 to $139, substituted $1100 to $1800 for $1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500 for $3000 to $4200 the minimum and maximum income ranges for which the pension rates will be reduced by 2, 3 and 4 cents per dollar, respectively, inserted income range of $3500 to $4500 for which the rate will be reduced by 5 cents, and increased the maximum income from $4200 to $4500 in excess of which no pension will be paid.

Subsec. (d). Pub. L. 94–169, § 103(2), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “surviving spouse” for “widow” and “$22” for “$20”.

Subsec. (e). Pub. L. 94–169, § 101(2)(C), substituted “to a surviving spouse of a veteran under this section unless the spouse was married to the veteran” for “to a widow of a veteran under this section unless she was married to him”, and “(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran” for “(D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran”.

Subsec. (e)(1). Pub. L. 94–169, § 106(40), substituted “surviving spouse” for “widow” in subcls. (A), (B) and (C).

1974

Subsec. (b). Pub. L. 93–527, § 3(1), substituted “$108” for “$96”, “$900” for “$1400” wherever appearing, and “$2100” for “$2600”, and inserted provisions for reduction by 5 cents for each dollar of annual income in excess of $2100 up to and including $3000, that in no event shall monthly rate of pension be less than $5.00, and raising the maximum income from $2600 to $3000.

Subsec. (c). Pub. L. 93–527, § 3(2), substituted “$128” for “$114”, and “$2100” for “$2500” wherever appearing, “$3000” for “$3400” wherever appearing, and “$4200” for “$3800” wherever appearing.

Subsec. (d). Pub. L. 93–527, § 3(3), substituted “$20” for “$18”.

Subsec. (f). Pub. L. 93–527, § 3(4), added subsec. (f).

1973

Subsec. (b). Pub. L. 93–177, § 1(c), substituted “$86” for “$87” and “$1,400” for “$1,900”.

Subsec. (c). Pub. L. 93–177, § 1(d), substituted “$700” for “$600”, “$114” for “$104”, “$1,100” for “$1,400”, “$2,500” for “$2,700”, and “$3,400” for “$3,800” in existing provisions and inserted provision for a reduction of 4 cents in monthly rate for each $1 of annual income in excess of $3,400 up to and including $3,800.

Subsec. (d). Pub. L. 93–177, § 2, substituted “$18” for “$17”.

1971

Subsec. (b). Pub. L. 92–198, § 1(c), substituted formula for computing monthly pension rates of widow without child by providing for a maximum monthly pension for each group within designated income category and for computing each individual’s monthly pension by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and raised the maximum income from $2,300 to $2,600.

Subsec. (c). Pub. L. 92–198, § 1(d), substituted formula for computing monthly pension rates of widow with one child by providing for a maximum monthly pension for each group with designated annual income category and for computing each individual’s monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and further providing that whenever the monthly rate payable is less than the amount payable to the child under section 542 of this title, the widow would be paid at the child’s rate, and raised the maximum income from $3,500 to $3,800.

Subsec. (d). Pub. L. 92–198, § 1(e), substituted “$17” for “$16”.

1970

Pub. L. 91–588, § 9(d)(3), inserted reference to Mexican border period in section catchline.

Subsec. (a). Pub. L. 91–588, § 9(d)(1), inserted reference to Mexican border period.

Subsec. (b). Pub. L. 91–588, § 1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “$81” for “$74”, “80” for “73”, “79” for “72”, “78” for “70”, “76” for “67”, “73” for “64”, “70” for “61”, “67” for “58”, “64” for “55”, “61” for “51”, “58” for “48”, “55” for “45”, “51” for “41”, “48” for “37”, “45” for “33”, “41” for “29”, “37” for “23”, and “33” for “17”.

Subsec. (c). Pub. L. 91–588, § 1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II “$99” for “$90”, “98” for “89”, “97” for “88”, “96” for “87”, “95” for “86”, “94” for “85”, “92” for “83”, “90” for “81”, “88” for “79”, “86” for “77”, “84” for “75”, “82” for “73”, “80” for “71”, “78” for “69”, “76” for “67”, “74” for “65”, “72” for “63”, “70” for “61”, “68” for “59”, “66” for “57”, “64” for “55”, “62” for “53”, “59” for “51”, “56” for “48”, “53” for “45”, “51” for “43”, and “48” for “41”.

Subsec. (e)(1). Pub. L. 91–588, § 9(d)(2), inserted reference to Mexican border period.

1968

Subsec. (b). Pub. L. 90–275, § 1(c), in providing new annual income limits to measure monthly pension rates of widow without child, substituted minimum income limit of $300 for monthly benefit of $74 for former $600 limit for monthly benefit of $70, maximum income limit of $2,000 for monthly benefit of $17 for former $1,800 limit for monthly benefit of $29, and sixteen other in-between limits in one hundred dollar increments from more than $300 to less than $1,900 for monthly benefits of $73 to $23 for former in-between limit of more than $600 but less than $1,200 for monthly benefit of $51.

Subsec. (c). Pub. L. 90–275, § 1(d), in providing new annual income limits to measure monthly pension rates of widow with one child, substituted minimum income limit of $600 for monthly benefit of $90 for former $1,000 limit for monthly benefit of $86, maximum income limit of $3,200 for monthly benefit of $41 for former $3,000 limit for monthly benefit of $45, and twenty-five other in-between limits in one hundred dollar increments from more than $600 to less than $3,100 for monthly benefits of $89 to $43 for former in-between limit of more than $1,000 but less than $2,000 for monthly benefit of $67.

1967

Pub. L. 90–77, § 202(f), inserted reference to Vietnam era in section catchline.

Subsec. (a). Pub. L. 90–77, § 202(d), inserted reference to Vietnam era.

Subsec. (b). Pub. L. 90–77, § 106(a), increased monthly pension rate in column II from $64, $48, and $27 to $70, $51, and $29, respectively.

Subsec. (c). Pub. L. 90–77, § 106(b), increased monthly pension rate in column II from $80, $64, and $43 to $86, $67, and $45, respectively.

Subsec. (d). Pub. L. 90–77, § 106(c), substituted “$16” for “$15”.

Subsec. (e)(1). Pub. L. 90–77, § 202(e), added item (D).

Subsec. (e)(2), (3). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension 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.

1964

Subsec. (b). Pub. L. 88–664, § 3(c), increased monthly pension rate in column II from $60, $45, and $25 to $64, $48, and $27, respectively.

Subsec. (c). Pub. L. 88–664, § 3(d), increased monthly pension rate in column II from $75, $60, and $40 to $80, $64, and $43, respectively.

1959

Pub. L. 86–211 included widows of World War II and Korean conflict veterans in section catchline.

Subsec. (a). Pub. L. 86–211 included widows of World War II and Korean conflict veterans, and struck out provisions which authorized payment of a monthly pension of $50.40 to a widow with no child and $63 to a widow with one child, with $7.56 for each additional child. See subsecs. (b) to (d) of this section.

Subsecs. (b) to (e). Pub. L. 86–211 added subsecs. (b) to (d), redesignated former subsec. (b) as (e), and inserted provisions relating to the date by which a widow was required to be married to a veteran of World War II or the Korean conflict.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.

Effective Date of 1978 Amendment

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.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–204 effective Jan. 1, 1978, see section 302 of Pub. L. 95–204, set out as a note under section 1122 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §§ 101, 106, Dec. 23, 1975, 89 Stat. 1013, 1017, provided that the amendments made by those sections are effective Jan. 1, 1976.

Pub. L. 94–169, title I, § 103, Dec. 23, 1975, 89 Stat. 1016, as amended by Pub. L. 94–432, title I, § 101, Sept. 30, 1976, 90 Stat. 1369, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–527 effective Jan. 1, 1975, see section 10 of Pub. L. 93–527, set out as a note under section 1521 of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–177 effective Jan. 1, 1974, see section 8 of Pub. L. 93–177, set out as a note under section 1521 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–198 effective Jan. 1, 1972, see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title.

Effective Date of 1968 Amendment

Amendment Pub. L. 90–275 effective Jan. 1, 1969, see section 6(a) of Pub. L. 90–275, set out as a note under section 1521 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as a note under section 1521 of this title.

Pension, Dependency, and Indemnity Compensation; Relation to Social Security Amendments of 1967

Payments for balance of calendar year 1968 and calendar year 1969, calendar year 1970, and during each successive calendar year at prescribed monthly rates when payments would be less under this title as a result of increase in monthly insurance benefits provided by Social Security Amendments of 1967, see section 3 of Pub. L. 90–275, set out as a note under section 1521 of this title.

Credits

1958–2021 · 18 acts

1958Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 541
1959Pub. L. 86–211, § 4, Aug. 29, 1959, 73 Stat. 434
1964Pub. L. 88–664, § 3(c), (d), Oct. 13, 1964, 78 Stat. 1095
1967Pub. L. 90–77, title I, §§ 101(a), 106, title II, § 202(d)–(f), Aug. 31, 1967, 81 Stat. 178, 179, 182
1968Pub. L. 90–275, § 1(c), (d), Mar. 28, 1968, 82 Stat. 65, 66
1970Pub. L. 91–588, §§ 1(c), (d), 9(d), Dec. 24, 1970, 84 Stat. 1581, 1584
1971Pub. L. 92–198, § 1(c)–(e), Dec. 15, 1971, 85 Stat. 663, 664
1973Pub. L. 93–177, § 1(c), (d), 2, Dec. 6, 1973, 87 Stat. 695
1974Pub. L. 93–527, § 3, Dec. 21, 1974, 88 Stat. 1703
1975Pub. L. 94–169, title I, §§ 101(2)(B), (C), (H), 103, 106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019
1976Pub. L. 94–432, title II, § 203, Sept. 30, 1976, 90 Stat. 1370
1977Pub. L. 95–204, title I, § 102, Dec. 2, 1977, 91 Stat. 1456
1978Pub. L. 95–588, title I, § 109(a), Nov. 4, 1978, 92 Stat. 2503
1991Pub. L. 102–25, title III, § 333(b), Apr. 6, 1991, 105 Stat. 88
1991Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239
1991renumbered § 1541 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406
2010Pub. L. 111–275, title VI, § 608(b), Oct. 13, 2010, 124 Stat. 2887
2021Pub. L. 116–283, div. A, title IX, § 926(a)(20), Jan. 1, 2021, 134 Stat. 3830.

Show as published

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 541; Pub. L. 86–211, § 4, Aug. 29, 1959, 73 Stat. 434; Pub. L. 88–664, § 3(c), (d), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, §§ 101(a), 106, title II, § 202(d)–(f), Aug. 31, 1967, 81 Stat. 178, 179, 182; Pub. L. 90–275, § 1(c), (d), Mar. 28, 1968, 82 Stat. 65, 66; Pub. L. 91–588, §§ 1(c), (d), 9(d), Dec. 24, 1970, 84 Stat. 1581, 1584; Pub. L. 92–198, § 1(c)–(e), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93–177, § 1(c), (d), 2, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93–527, § 3, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94–169, title I, §§ 101(2)(B), (C), (H), 103, 106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L. 94–432, title II, § 203, Sept. 30, 1976, 90 Stat. 1370; Pub. L. 95–204, title I, § 102, Dec. 2, 1977, 91 Stat. 1456; Pub. L. 95–588, title I, § 109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. L. 102–25, title III, § 333(b), Apr. 6, 1991, 105 Stat. 88; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1541 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 111–275, title VI, § 608(b), Oct. 13, 2010, 124 Stat. 2887; Pub. L. 116–283, div. A, title IX, § 926(a)(20), Jan. 1, 2021, 134 Stat. 3830.)