Page:United States Statutes at Large Volume 92 Part 2.djvu/1222

 92 STAT. 2502

38 USC 501.

PUBLIC LAW 95-588—NOV. 4, 1978 "(2) A veteran shall be considered as living with a spouse, even though they reside apart, unless they are estranged. "(i) If the veteran is entitled under this section to pension on the basis of such veteran's own service and is also entitled to pension on the basis of any other person's service, the Administrator shall pay such veteran only the greater benefit. "(j) A veteran meets the service requirements of this section if such veteran served in the active military, naval, or air service— " (1) for ninety days or more during a period of war; "(2) during a period of war and was discharged or released from such service for a service-connected disability; "(3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or "(4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war.", (b) The item relating to section 521 in the table of sections at the beginning of chapter 15 of such title is amended to read as follows: "521. Veterans of a period of war.". VETERANS' NET WORTH LIMITATION

Pension payments, denial or discontinuation. Ante, p. 2500.

SEC. 107. Section 522 of title 38, United States Code, is amended to read as follows: "§ 522. Net worth limitation "(a) The Administrator shall deny or discontinue the payment of pension to a veteran under section 521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran's spouse, and the veteran's children, it is reasonable that some part of the corpus of such estates be consumed for the veteran's maintenance. "(b) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 521 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the veteran's and spouse's income, and the income of the veteran's children, it is reasonable that some part of the corpus of such child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran's child for purposes of this chapter.". PENSION FOR SURVIVING SPOUSES OF SPANISH-AMERICAN WAR VETERANS

SEC. 108. Subsection (d) of section 536 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) by striking out "World War I " and inserting in lieu thereof "a period of war"; and (B) by striking out the comma and "except as provided in paragraph (2)" in the second sentence of such paragraph; and (2) in paragraph (2)— (A) by inserting a comma and "as in effect on December 31, 1978" after "of this title" both places it appears; and (B) by inserting a comma and "as in effect on such date" after "such section 544".

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