Page:United States Statutes at Large Volume 72 Part 1.djvu/1169

 72 S T A T. ]

PUBLIC LAW 85-857-SEPT. 2, 1958

§ 403. Coverage of members of Reserve Officers' Training Corps For the purposes of this chapter and section 722 of this title, annual training duty to which ordered for a period of fourteen days or more by a member of a Reserve Officers' Training Corps, and authorized travel to or from such duty, shall be deemed to be active military, naval, or air service. The basic pay of any such member shall be considered to be the monthly pay of a person having the rank and years of service of those members of a uniformed service to which such member's pay is assimilated. § 404. Special provisions relating to widows No dependency and indemnity compensation shall be paid to the widow of a veteran dying after December 31, 1956, unless she was married to him— (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or (2) for five or more years; or (3) for any period of time if a child was born of the marriage. Subchapter II—Dependency and Indemnity Compensation § 410. Deaths entitling survivors to dependency and indemnity compensation (a) When any veteran dies after December 31, 1956, from a serviceconnected or compensable disability, the Administrator shall pay dependency and indemnity compensation to his widow, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title. (b) Dependency and indemnity compensation shall not be paid to the widow, children, or parents of any veteran dying after December 31, 1956, unless he (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, or air service in which the disability causing his death was incurred or aggravated, or (2) died while in the active military, naval, or air service. § 411. Dependency and indemnity compensation to a widow (a) Dependency and indemnity compensation shall be paid 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 is a widow and two or more children below the age of eighteen of a deceased veteran, and— (1) the total of the monthly benefits to which such widow and children are (or would be, upon the filing of an application) entitled on the basis of such deceased veteran's status under the laws referred to in subsection (d); is less than (2) the amount described in subsection (e); then the dependency and indemnity compensation paid monthly to the widow shall be increased by $25 for each such child in excess of one; however, the total of increases under this subsection shall not exceed the difference between the amounts referred to in subparagraphs (1) and (2) of this subsection. (c) If the amount determined under subsection (a), after increase (if any) under subsection (b), involves a fraction of a dollar, the amount payable shall be increased by the Administrator to the next higher dollar.

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