Page:United States Statutes at Large Volume 102 Part 5.djvu/124

 102 STAT. 4130

Regulations.

PUBLIC LAW 100-687—NOV. 18, 1988

value of the property involved at the time immediately preceding the loss;", (b) PENSION.—Clause (5) of section 503(a) is amended to read as follows: "(5) reimbursements of any kind for any casualty loss (as defined in regulations which the Administrator shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the loss;". SEC. 1403. RECODIFICATION OF PROVISIONS RELATING TO CERTAIN BENEFITS FOR SURVIVORS OF CERTAIN VETERANS.

(a) IN GENERAL.—(1) Subchapter II of chapter 13 is amended by adding at the end the following new section: "§ 418. BeneHts for survivors of certain veterans rated totally disabled at time of death "(a) The Administrator shall pay benefits under this chapter to the surviving spouse and to the children of a deceased veteran described in subsection (b) of this section in the same manner as if the veteran's death were service connected. "(b) A deceased veteran referred to in subsection (a) of this section is a veteran who dies, not as the result of the veteran's own willful misconduct, and who was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either— "(1) was continuously rated totally disabling for a period of 10 or more years immediately preceding death; or "(2) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other releeise from active duty. "(c) Benefits may not be paid under this chapter by reason of this section to a surviving spouse of a veteran unless— "(1) the surviving spouse was married to the veteran for two years or more immediately preceding the veteran's death; or "(2) a child was born of the marriage or was born to them before the marriage. "(d) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in subsection (a) of this section, benefits under this chapter payable to such surviving spouse or child by virtue of this section shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. "(e) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this section shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.". (2) The table of sections at the beginning of chapter 13 is amended by inserting after the item relating to section 417 the following new item:

�