Page:United States Statutes at Large Volume 92 Part 2.djvu/1225

 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2505

"§ Wa Net worth limitation "(a)(1) The Administrator shall deny or discontinue payment of Pension pension to a surviving spouse under section 541 of this title when the payments, denial corpus of the estate of the surviving spouse is such that under all the or circumstances, including consideration of the income of the surviving discontinuation. spouse and the income of any child from whom the surviving spouse is Ante, p. 2503. receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse's maintenance. "(2) The Administrator shall deny or discontmue the payment of increased pension under subsection (c), (d), or (e) of section 541 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 income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the 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 surviving spouse's child for purposes of this chapter. "(b) The Administrator shall deny or discontinue payment of pension to a child under section 542 of this title when the corpus of -^«'e, p. 2504. the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child's support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the child's maintenance.". CONFORMING AMENDMENT RELATING TO SURVIVING SPOUSES

PENSION

SEC. 112. (a)(1) Section 544 of title 38, United States Code, is Repeal, repealed. (2) Chapter 15 of such title is amended by striking out the heading 38 USC 501. below section 543 of such chapter. (b) The table of sections at the beginning of chapter 15 of such title is amended by striking out the item below the item relating to section 543 and by striking out the item relating to section 544. TITLE II—DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING PARENTS D E P E N D E N C Y A N D I N D E M N I T Y COMPENSATION FOR SURVIVING PARENTS

SEC. 201. (a)(1) Paragraph (1) of subsection (b) of section 415 of title 38, United States Code, is amended to read as follows: "(1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $163, as increased from time to time under section 3112(b)(1) of this title and reduced by an amount, based upon the amount of such parent's annual income, determined in accordance with regulations which the Administrator shall prescribe under section 3112(b)(2) of this title.". (2) Paragraph (3) of such subsection is amended by striking out "$3,770" and inserting in lieu thereof "$4,038, as increased from time to time under section 3112 of this title". (3) The first sentence of paragraph (4) of such subsection is amended by striking out "the lormula of paragraph (1) of this sub-

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