Page:United States Statutes at Large Volume 70.djvu/918

 862

PUBLIC LAW 881-AUG. 1, 1956

[70 S T A T.

TITLE II—DEPENDENCY AND INDEMNITY COMPENSATION D E A T H S E N T I T L I N G SURVIVORS TO D E P E N D E N C Y A N D I N D E M N I T Y COMPENSATION

SEC. 201. When any person dies on or after January 1, 1957— (1) from disease or injury incurred or aggravated in line of duty while on active duty or active duty for training; (2) from injury incurred or aggravated in line of duty while on inactive duty training; or (3) from a disability compensable under laws administered by the Veterans' Administration, the Administrator shall pay dependency and indemnity compensation under this title to his widow, children, and dependent parents upon application therefor. D E P E N D E N C Y A N D I N D E M N I T Y C O M P E N S A T I O N TO A WIDOW

SEC. 202. (a) Dependency and indemnity compensation shall be paid under this title to a widow at a monthly rate equal to $112 plus 12 per centum of the basic pay of her deceased husband. (b) If there are two or more children of a deceased person who have not attained the age of eighteen, and the total of th& monthly benefits to which the widow and children who have not attained the age of eighteen of such deceased person are or would, upon the filing of an application, be entitled under— (1) section 405 of this Act, 42 USC*4of*403. ^^^ section 202 of the Social Security Act (after reduction Post, pp.' 871*, under sectioit203 (a) of such Act but without regard to the de*^^* duction provisions of such section 203), on the basis of such deceased person's earnings, and stlt. 686*.' ^'^' ^^ (^) section 5 of the Railroad Retirement Act of 1937 (after re4 5 us"c 228e, duction Under section 4(i) and section 5(h) of such Act), on the ^^^^'^' basis of such deceased person's earnings, is less than the amount described in subsection (d), then the dependency and indemnity compensation paid monthly to the widow pursuant to subsection (a) of this section shall be increased by $25 for each child who has not attained the age of eighteen in excess of one. (c) The total of increases under subsection (b) shall, in any case, not exceed an amount equal to— (1) the amount described in subsection (d), less (2) the total of the monthly benefits to which such widow and such children who have not attained the age of eighteen are or would, upon the filing of an application, be entitled under— (A) section 405 of this Act, 42 use402,403. (B) section 202 of the Social Security Act (after reduction 876.°"*' ^^* ^^ ' under section 203(a) of such Act but without regard to the deduction provisions of such section 203), on the basis of the deceased person's earnings, and 45 USC 228e. (Q) section 5 of the Railroad Retirement Act of 1937 (after reduction under section 4(i) and section 5(h) of such Act), on the basis of the deceased person's earnings. (d) The amount referred to in subsections (b) and (c)(1) is an amount equal to the total of the monthly benefits to which a widow and two children of a deceased person would be entitled under section p^^^^ p°p^.' 8°7^i', •^^^ ®^ *^e Social Security Act if the deceased person's average monthly 876. ' * ' wage had been $160 (after reduction under section 203(a) of such Act but without regard to deduction provisions of such section 203).

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