10 U.S.C. § 8270: Pension to persons serving…

Summary

A disabled person who served ten or more years as an enlisted member or petty officer in the Navy or Marine Corps and was not discharged for misconduct may apply to the Secretary of the Navy. The Secretary can appoint a board of at least three naval officers, including a surgeon, to examine the applicant and recommend a monthly pension; if approved, the VA pays it. The pension is limited: for non‑service disabilities it cannot exceed the rate paid to a World War I veteran for permanent and total non‑service‑connected disability; if the disability is service‑connected it cannot exceed the total disability rate for veterans of any war or peacetime service. For initial awards granted before July 14, 1943, the naval pension cannot exceed one‑fourth if the person also receives VA pension or compensation.

Title 10, §8270

Armed Forces, Source: USLM XML via OLRC

(a)Every disabled person who has served in the Navy or Marine Corps as an enlisted member or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid.

(b)Upon receipt of an application under subsection (a), the Secretary of the Navy may convene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy approves the recommendation, he shall so certify to the Secretary of Veterans Affairs, who shall pay a pension in such amount monthly to the applicant.

(c)No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant’s disability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensation payable for total disability to a veteran of any war, or of peacetime service, as the case may be. In the case of any initial award of naval pension granted before July 14, 1943, where the person granted the naval pension is also entitled to pension or compensation under laws administered by the Secretary of Veterans Affairs, such naval pension shall not exceed one-fourth of such pension or compensation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6160 of this title as this section. 1990—Subsec. (c). Pub. L. 101–510 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”. 1989—Subsec. (b). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”. 1985—Subsec. (a). Pub. L. 99–145 substituted “enlisted member” for “enlisted man”. 1958—Pub. L. 85–857 limited naval pensions granted before July 14, 1943 to not more than one-fourth of any pension or compensation which the person is entitled to receive under laws administered by the Veterans’ Administration.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 1958 Amendment Pub. L. 85–857, § 13(v)(4), Sept. 2, 1958, 72 Stat. 1268, provided that the amendment made by that section is effective as of Jan. 1, 1958.

Effective Date

Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56.

§8270 Pension to Persons Serving Ten Years

Summary

Title 10, §8270

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Citations & Metadata