Page:United States Statutes at Large Volume 71.djvu/210

 174

PUBLIC LAW 85-56-JUNE 17, 1957

[71 S T A T.

those claims to which section 2311 applies in which it is determined on or after the effective date of this Act that pension is payable for the day before the effective date of this Act. C L A I M S FOR P E N S I O N BY N E W L Y ELIGIBLE WIDOWS W H E R E C H I L D R E N ARE ON THE ROLLS

SEC. 2313. Where any woman is eligible for pension under this Act as a "widow", but under the laws in effect on the day before the effective date of this Act, was not so eligible for pension, and a child is eligible for pension on the day before the effective date of this Act by reason of the death giving rise to eligibility of the widow, any pension payable to the widow under this Act shall be reduced by the amount of pension payable to all children by reason of such death, unless all such children are in the custody of the widow, in which case the pension otherwise payable to the children shall cease. C L A I M S FOR P E N S I O N F I L E D W I T H I N O N E YEAR OF D E A T H

SEC. 2314, A claim for death pension filed on or after the effective date of this Act and within one year from the date of the death of the veteran occurring before the effective date of this Act shall be adjudicated under this Act and the laws in effect on the day before such effective date. If entitlement is established, pension will be paid under such laws for the appropriate period before the effective date of this Act and under this Act thereafter. PERSONS E N TITLE D TO E M E R G E N C Y OFFICERS ' RETIREMENT P A Y

SEC. 2315. Any person who is receiving, or entitled to receive, emergency officers' retirement pay, or other privileges or benefits as a retired emergency officer of World W a r I, on the day before the effective date of this Act under the laws in effect on that day, shall, except where there was fraud, clear and unmistakable error as to conclusion of fact or law, or misrepresentation of material facts, continue to receive, or be entitled to receive, emergency officers' retirement pay at the rate otherwise payable on the day before the effective date of this Act, and such other privileges and benefits, so long as the conditions warranting such pay, privileges, and benefits under those laws continue. PERSONS ON THE C O M P E N S A T I O N ROLLS

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SEC. 2316. (a) Any person who is receiving compensation under public laws administered by the Veterans' Administration on the day before the effective date of this Act at a rate equal to or less than that to which he would be entitled under the provisions of this Act shall, except where there was fraud, clear and unmistakable error as to conclusions of fact or law, or misrepresentation of material facts, be paid compensation under this Act beginning with the effective date of this Act. (b) Any person who is receiving compensation on the day before the effective date of this Act under the laws in effect on that day and who is not entitled to compensation under this Act or who is entitled to compensation at a higher rate under such laws than that to which he would be entitled under this Act, shall, except where there was fraud, clear and unmistakable error as to conclusion of fact or law, or misrepresentation of material facts, continue to be paid the rate of compensation payable on the day before the effective date of this Act, so long as the conditions warranting such payment under those laws continue. In the event there is a change in such conditions, the entitle-

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