§1532 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must pay a monthly pension to a surviving spouse of a Civil War veteran who meets the rules. The pension is $40.64 per month if the spouse is under 70, and $70 per month if the spouse is 70 or older. Add $8.13 per month for each child of the veteran. The veteran must have served 90 days or more in active Army or Navy service during the Civil War, or been discharged because a surgeon certified a disability. The spouse must have been married to the veteran before June 27, 1905; or married for at least one year; or married for any length of time if the couple had a child together or a child was born to them before marriage.

Title 38, §1532

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate:

(1)$40.64 if such surviving spouse is below seventy years of age; or

(2)$70 if such surviving spouse is seventy years of age or older.

(b)If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c)A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans’ Administration, or if such veteran was discharged or released from such service upon a surgeon’s certificate of disability.

(d)No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—

(1)before June 27, 1905; or

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–446 substituted “Veterans’ Administration” for “Secretary”. 1991—Pub. L. 102–83, § 5(a), renumbered section 532 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end “unless such surviving spouse was the spouse of the veteran during such veteran’s service in the Civil War, in which case the monthly rate shall be $75.” Subsec. (c). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. 1975—Pub. L. 94–169, § 106(23), substituted “Surviving spouses” for “Widows” in section catchline. Subsec. (a). Pub. L. 94–169, § 106(20), substituted “pay to the surviving spouse” for “pay to the widow”, “such surviving spouse” for “she” wherever appearing, “was the spouse” for “was the wife” and “such veteran’s” for “his”. Subsec. (b). Pub. L. 94–169, § 106(21), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 94–169, § 106(21), substituted “such veteran” for “he” wherever appearing. Subsec. (d). Pub. L. 94–169, § 106(22), substituted “surviving spouse”, “such surviving spouse” and “such veteran” for “widow”, “she” and “him”, respectively. 1967—Subsec. (a)(2). Pub. L. 90–77, § 105, substituted ”$70” for “$65”. Subsec. (d). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

Statutory Notes and Related Subsidiaries

Effective Date

of 1975 Amendment Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

§1532 Surviving spouses of Civil War veterans

Summary

Title 38, §1532

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata