Chapter 15, Subchapter IV, Section 1562, Subsection (a) · 38 U.S.C. Chapter 15 — PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE

Contents

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)

(A)The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of section 1134a of title 10, a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e),1 beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section.

(B)The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of section 1114 of this title, increased to the next intermediate rate under subsection (p) of such section.

(2)

(A)Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under section 1134a(d) of title 10.

(B)No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—

(i)for one year or more prior to the veteran’s death; or

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

(C)No special pension shall be paid to a surviving spouse of a person under this section if such surviving spouse is receiving benefits under section 1311 or 1318 of this title.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 5

Show every defined term

active military or naval service
includes active service in those forces.
Civil War veteran
includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term “active military or naval service” includes active service in those forces.
Indian Wars
means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service.
period of war
means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.
World War I
includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918.