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Effective date.

Duplication, prohibition. 72 Stat. 1230.

Awards, effective dates. 76 Stat. 948.

Supra. D e c i s i o n s by Administrator. 72 Stat. 1115. 79 Stat. 886. 38 USC 18011827,

7 2 Stat. 1229. 38 USC 31013 110.

76 Stat. 558.

PUBLIC LAW 91-376-AUG. 12, 1970

[84

STAT.

not be denied any benefits by the Veterans' Administration, other than insurance, solely because of such prior relationship or conduct. (b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor, filed after termination of the particular relationship or conduct and after December 31, 1970. SEC. 6. Subsection (b) of section 3104 of title 38, United States Code, is amended by striking out "paragraph (2) " in paragraph (1) thereof and inserting in lieu thereof "paragraphs (2) and (3)", and by adding at the end thereof the following new paragraph: "(3) Benefits other than insurance under laws administered by the Veterans' Administration may not be paid to any person by reason of the death of more than one person to whom he or she was married; however, the person may elect one or more times to receive benefits by reason of the death of any one spouse." SEC. 7. Section 3010 of title 38, United States Code, is amended by adding at the end thereof the following new subsections: "(1) The effective date of an award of benefits to a widow based upon termination of a remarriage by death or divorce shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination. " (m) The effective date of an award of benefits to a widow based upon termination of actions described in subsection 103(d)(3) of this title shall not be earlier than the date of receipt of application therefor filed after termination of such actions and after December 31, 1970." SEC. 8. (a) Subsection 211(a) of title 38, United States Code, is amended to read as follows: " (a) On and after October 17, 1940, except as provided in sections 775, 784, and as to matters arising under chapter 37 of this title, the decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise." (b) Chapter 53 of title 38, United States Code, is amended by adding at the end the following: "§3111. Prohibition of certain benefit payments "There shall be no payment of dependency and indemnity compensation, death compensation, or death pension which, because of a widow's relationship with another man before enactment of Public Law 87-674, would not have been payable by the Veterans' Administration under the standard for determining remarriage applied by that agency before said enactment." (c) The analysis of such chapter 53 is amended by adding at the end the following: •'3111. Prohibition of certain beiieflt payments. "

Effective dates.

SEC. 9. The first two sections of this Act take effect July 1, 1970. Sections 4, 5, 6, and 7 take effect January 1, 1971. Approved August 12, 1970.

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