Page:United States Statutes at Large Volume 79.djvu/927

 79 STAT. ]

PUBLIC LAW 89-215-SEPT. 29, 1965

887

on account of the death of such veteran and (B) any death compensation or dependency and indemnity compensation received on account of the death of such veteran by the person or persons who receive such death gratuity. (2) I n any case where two or more persons are eligible for a death gratuity under this section on account of the death of the same veteran but one or more of such persons do not waive future death compensation or dependency and indemnity compensation payable under title 38, the Administrator shall pay his or their share of such death gratuity to the person or persons waiving such compensation. However, the death compensation or dependency and indemnity compensation payable to any other person shall not be increased solely as the result of an election and waiver under this section. (3) The right of any person to payment of a death gratuity under this section shall be conditioned upon his being alive to receive such payment. No person shall have a vested right to any such payment and any payment not made during the person's lifetime shall be paid to the person or persons within the permitted class next entitled to priority, as provided in subsection (b). (d) Any terms used in this section which are defined in section 101 or 102(b) of title 38, United States Code, shall, for the purposes of Definitions. this section, have the meanings given to them by such section 101 or ^'V^sVaT^iioe. 102(b), except that (1) the term "veteran", as used in this section, includes a person who dies while in the active military, naval, or air service and (2) the term "child" shall not be limited with respect to age or marital status. (e) Appropriations made to the Veterans' Administration for "Compensation and Pensions" shall be available for the payment of death gratuities under this section. Approved September 29, 1965. Public Law 89-215 AN ACT

September 29, 1965

To extend to thirty days the time for tiling petitions for removal of civil actions from State to Federal courts.

[H. R. 3989]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) State courts. ^.^^ of section 1446 of title 28, United States Code, is amended to read as removal petitions. follows:

" (b) The petitison for removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter. " I f the case Stated by the initial pleading is not removable, a petition for removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable." Approved September 29, 1965.

63 Stat. 10 1.

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