§1512 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary of Veterans Affairs must pay monthly pensions to Spanish–American War veterans who meet certain service rules. If a veteran meets the higher service rule (served 90 days or more during the war, was discharged for a service-related disability, or served 90 consecutive days that began or ended during the war) the pension is $101.59 a month, or $135.45 if the veteran needs regular aid and attendance. If a veteran meets the lower service rule (served 70 days or more during the war or 70 consecutive days that began or ended during the war) the pension is $67.73 a month, or $88.04 if the veteran needs regular aid and attendance. A veteran who qualifies under the higher rule can choose instead to be paid under the rules and rates in 38 U.S.C. 1521 (except one specific rate), and that choice cannot be changed. For veterans needing regular aid and attendance, the Secretary must pay each month whichever is larger: $135.45 or the amount payable under section 1521 as it stood on December 31, 1978. Any change in the monthly amount starts the first day of the month when the facts change and is made automatically.

Title 38, §1512

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pension at the following monthly rate:

(A)$101.59; or

(B)$135.45 if the veteran is in need of regular aid and attendance.

(2)A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—

(A)for ninety days or more during the Spanish-American War;

(B)during the Spanish-American War and was discharged or released from such service for a service-connected disability; or

(C)for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War.

(3)(A)Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.

(B)The Secretary shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 1521 of this title as in effect on December 31, 1978, under regulations which the Secretary shall prescribe. Each change in the amount of pension payment required by this subparagraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

(b)(1)The Secretary shall pay to each veteran of the Spanish-American War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate:

(A)$67.73; or

(B)$88.04 if the veteran is in need of regular aid and attendance.

(2)A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—

(A)for seventy days or more during the Spanish-American War; or

(B)for a period of seventy consecutive days or more and such period began or ended during the Spanish-American War.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1512 was renumbered section 3112 of this title.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 512 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Subsec. (a)(3)(A). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”. Subsec. (a)(3)(B). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Subsec. (b)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. 1978—Subsec. (a)(3)(A). Pub. L. 95–588, § 105(1), inserted “(except the rate provided under subsection (g) of such section)” after “of this title”, substituted “a period of war” for “World War I”, and struck out exception to pension elections formerly provided pursuant to subpar. (B). Subsec. (a)(3)(B). Pub. L. 95–588, § 105(2), substituted “as in effect on December 31, 1978, under

Regulations

which the Administrator shall prescribe” for “if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph”. 1975—Subsec. (a). Pub. L. 94–169 substituted “such veteran” for “he” wherever appearing. Subsec. (b). Pub. L. 94–169 substituted “such veteran” for “he”. 1967—Subsec. (a)(3). Pub. L. 90–77 designated existing provisions as subpar. (A), inserted “except as provided in subparagraph (B)”, and added subpar. (B). 1960—Subsec. (a)(3). Pub. L. 86–670 added cl. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

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.

Effective Date

of 1960 AmendmentAmendment by Pub. L. 86–670 effective first day of second calendar month which begins after July 14, 1960, see section 3 of Pub. L. 86–670, set out as a note under section 1511 of this title.

§1512 Spanish-american War Veterans

Summary

Title 38, §1512

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata