Page:United States Statutes at Large Volume 83.djvu/172

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PUBLIC LAW 91-96-OCT. 27, 1969

[83 STAT.

Public Law 91-96 October 27, 1969

AN ACT

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To amend title 38 of the United States Code to increase the rates of dependency and indemnity compensation payable to widows of veterans, and for other purposes.

Dep"n(?enc and indemnity

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled. That section 402 of title 38, LTiiited States Code, is amended to read as follows:

compensation,

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increase. 80 Stat. 873. '

§ 402. Determination of pay grade " (a) With rcspect to a veteran who died in the active military, naval, or air service, his pay grade shall be determined as of the date of his death. "(b) With respect to a veteran who did not die in the active military, naval, or air service, his pay grade shall be determined as of— (1) the time of his last discharge or release from active duty V under conditions other than dishonorable; or (2) the time of his discharge or release from any period of active duty for training or inactive duty training, if his death results from service-connected disability incurred during such period and if he was not thereafter discharged or released under conditions other than dishonorable from active duty. "(^) '^^^ P^y grade of any veteran described in section 106(b) of this title shall be that to which he would have been assigned upon final acceptance or entry upon active duty. " (d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to his widow under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the Department in which such higher pay grade was held. "(e) The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of his death under laws administered by the Veterans' Administration, shall be determined by the head of the department under which such person performed the services by which he obtained such status (taking into consideration his duties and responsibilities), and certified to the Administrator. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services." SEC. 2. Section 403 of title 38, United States Code, is amended by striking out the last sentence of the section. SEC. 3. Section 411 of title 38, United States Code, is amended to read as follows:

79^statVi5V°' 38 USC 106.

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