Page:United States Statutes at Large Volume 92 Part 2.djvu/1224

 92 STAT. 2504

"Veteran."

38 USC 501.

PUBLIC LAW 95-588—NOV. 4, 1978 "(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— "(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; " (2) for one year or more; or " (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. "(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. "(]i) As used in this section and section 542 of this title, the term 'veteran' includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.''. (b) The if em relating to section 541 in the table of sections at the beginning of chapter 15 of such title is amended to read as follows: "541. Surviving spouses of veterans of a period of war.". PENSION FOR CHILDREN OF VETERANS OF A PERIOD OF WAR

Ante, p. 2500.

SEC. 110. (a) Section 542 of title 38, United States Code, is amended to read as follows: "§ 542. Children of veterans of a period of war "The Administrator shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 541 of this title, pension at the annual rate of $600, as increased from time to time under section 3112 of this title and reduced by the amount of such child's annual income; or, if such child is residing with a person who is legally responsible for such child's support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 541(c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $600, as increased from time to time under section 3112 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Administrator shall prescribe.", (b) The item relating to section 542 in the table of sections at the beginning of chapter 15 of such title is amended to read as follows: "542. Children of veterans of a period of war.". SURVIVORS' NET WORTH LIMITATION

SEC. 111. Section 543 of title 38, United States Code, is amended to read as follows:

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