Page:United States Statutes at Large Volume 86.djvu/437

 86 STAT. ]

PUBLIC LAW 92-328-JUNE 30, 1972

and "Paragraph (2) " are changed to "paragraph (1) " and "Paragraph (1)", respectively. (e) Subsection (c) of such section 3203 is amended by deleting " (a) or". (f) Subsection (e) of such section 3203 is amended by deleting ", compensation, or retirement pay"; and as so amended is redesignated as subsection (d). (g) Subsection (f) of such section 3203 is redesignated as subsection (e). SEC. 105. (a) Subsection (d) of section 3202 of title 38, United States Code, is amended by adding at the end thereof the following new sentence: "No payment shall be made under the two preceding sentences of this subsection unless claim therefor is filed with the Veterans' Administration within five years after the death of the veteran, except that, if any person so entitled under said two sentences is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal of the legal disability." (b) Section 3021(a) of title 38, United States Code, is amended by deleting "section 3203(a)(2)(A) of this title and". SEC. 106. All compensation or retirement pay which is being withheld pursuant to the provisions of subsections (a) and (b)(1) of section 3203, title 38, United States Code, in effect on the day before the effective date of this Act, shall be paid to the veteran, if competent, in a lump sum. If the veteran is incompetent, the withheld amounts shall be paid in a lump sum, or successive lump sums, subject to the $1,500 and $500 limitations of subsection (b)(1) of such section 3203 as amended by this Act. If a competent veteran dies before payment is made the withheld amounts shall be paid according to the order of precedence, and subject to the time limitation, of subsection (a)(2) of such section 3203 in effect the day before the effective date of this Act. I n the event of the death of an incompetent veteran before payment of all withheld amounts, no part of the remainder shall he payable. SEC. 107. Section 536 of title 38, United States Code, is amended by adding the following new subsection at the end thereof: " (d)(1) Any widow eligible for pension under this section shall, if she so elects, be paid pension at the rates prescribed by section 541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to widows of veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2). "(2) The Administrator shall pay each month to the widow of each Spanish-American W a r veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to her under subsections (a) and (b) of this section as increased by section 544 of this title; or (B) that which is payable under section 541 of this title, as increased by such section 544, to a widow of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor."

395

72 Stat. 1235. 73 Stat. 4 3 5.

78 Stat. 5 04. Filing for death benefit payments, exception. 72 Stat. 1233; 73 Stat. 2 9 7.

72 Stat. 1228. Lump-sum comp e n s a t i o n; retirement payments. Ante, p. 394.

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Spanish-American War veterans, w i d o w s ' pension,, 72 Stat. 1138; 81 Stat. 178, 179,, 73 Stat. 4 3 4; 85 Stat. 663, 664.

81 Stat. 180; 84 Stat. 1583.

Effective date.

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