Page:United States Statutes at Large Volume 92 Part 2.djvu/284

 92 STAT. 1564

PUBLIC LAW 95-479—OCT. 18, 1978 (2) by striking out "$140" in subsection (b) and inserting in lieu thereof "$150"; and (3) by striking out "$7l" in subsection (c) and inserting in lieu thereof "$76".

38 USC 410.

38 USC 411.

BENEFITS FOR SURVIVING SPOUSES AND CHILDREN OF CERTAIN TOTAIXY DISABLED VETERANS

SEC. 204. Section 410 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection (b): "(b)(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran's own willful misconduct, if the veteran was in receipt of (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran's surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran's death, and to such veteran's children, in the same manner as if the veteran's death were service connected. " (2) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of this subsection shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. "(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.". TITLE III—MISCELLANEOUS PROVISIONS NONTAXABLE STATUS OF CERTAIN RETIRED PAY RECEIVED I N L I E U OF V E T E R A N S ' BENEFITS

38 USC 3101. X

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S E C 301. Section 3101 is amended by adding at the end thereof the following new subsection: "(d) In the case of a person who— "(1) has been determined to be eligible to receive pension or compensation under laws administered by the Veterans' Administration but for the receipt by such person of pay pursuant to any provision of law providing retired or retirement pay to members or former members of the Armed Forces or commissioned officers (%i the National Oceanic and Atmospheric Administration or of 11:6 Public Health Service: and

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