§ 1543. Net worth limitation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1543

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 543

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 543

2. 1959

   Veterans’ Pension Act of 1959

   Pub. L. 86–211 § 4 · 73 Stat. 432

   Substituted · 38 U.S.C. § 1543

   Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension 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 for provisions which authorized the payment of a pension to widows of World War II or Korean conflict veterans. See section 1541 of this title

   Source evidence

   Code amendment note
   Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension 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 for provisions which authorized the payment of a pension to widows of World War II or Korean conflict veterans. See section 1541 of this title.

   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.”

3. 1975

   Veterans and Survivors Pension Interim Adjustment Act of 1975

   Pub. L. 94–169 title I § 101(2)(E) · 89 Stat. 1013

   Substituted · 38 U.S.C. § 1543

   Pub. L. 94–169 substituted “surviving spouse” for “widow”

   Source evidence

   Code amendment note
   Pub. L. 94–169 substituted “surviving spouse” for “widow”.

   Enacted provision · exact public law section
   (E) by striking out in section 543 “widow” and inserting in lieu thereof “surviving spouse”;

4. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 title I § 111 · 92 Stat. 2497

   1. Amended · 38 U.S.C. § 1543

      Pub. L. 95–588 designated existing provisions relating to denial or discontinuance of pension payments to surviving spouses as subsec. (a), expanded existing provisions relating to denial or discontinuance of pension payments to children of veterans

   2. Amended · 38 U.S.C. § 1543

      Pub. L. 95–588 designated such expanded provisions as subsecs. (a)(2) and (b)

   Source evidence

   Code amendment note
   Pub. L. 95–588 designated existing provisions relating to denial or discontinuance of pension payments to surviving spouses as subsec. (a), expanded existing provisions relating to denial or discontinuance of pension payments to children of veterans, and designated such expanded provisions as subsecs. (a)(2) and (b).

   Enacted provision · exact public law section
   Sec. 111. survivors’ net worth limitation Section 543 of title 38, United States Code, is amended to read as follows: “§ 543. Net worth limitation “(a) (1) The Administrator shall deny or discontinue payment of Pension payments, denial or discontinuation. Ante, p. 2503. pension to a surviving spouse under section 541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse’s maintenance. “(2) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 541 of this title on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouse’s child for purposes of this chapter. “(b) The Administrator shall deny or discontinue payment of pension to a child under section 542 of this title when the corpus of Ante, p. 2504. the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child’s support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the child’s maintenance.”.

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

5. 1991

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

   Changed · 38 U.S.C. § 1543

   Pub. L. 102–83, § 5(a), renumbered section 543 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 543 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.

6. 1991

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

   Substituted · 38 U.S.C. § 1543(a)

   Pub. L. 102–83, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2).

   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.

7. 1991

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

   Substituted · 38 U.S.C. § 1543(a)

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

   Target inherited from the preceding amendment note.

   Source evidence

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

   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.

8. 1991

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

   Substituted · 38 U.S.C. § 1543(b)

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

   Source evidence

   Code amendment note
   Subsec. (b). 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.

9. 1991

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

   Substituted · 38 U.S.C. § 1543(b)

   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.

9 of 10 references resolved to an enrolled provision · 1 partial