§1536 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must pay a monthly pension to a surviving spouse of a Spanish‑American War veteran who met the service rule in section 1512(a). The normal payment is $70 per month, or $75 per month if the spouse was married to the veteran during his war service. The pension increases by $8.13 per month for each child of the veteran. A surviving spouse only qualifies if they were married to the veteran before January 1, 1938; or were married one year or longer; or were married any time if a child was born of the marriage or to them before the marriage. A surviving spouse may choose to take the pension rates and rules that apply under section 1541 for wartime veterans, but that choice cannot be changed. If a surviving spouse is receiving, or entitled to, a pension because they need regular aid and attendance, the Secretary must pay each month the larger of two amounts: (A) the $70/$75 rate plus $8.13 per child as increased by section 544 as it stood on December 31, 1978; or (B) the amount under section 1541 as it stood on December 31, 1978, with the same section 544 increase, for a surviving spouse of a World War I veteran with the same income and estate. Any change in payment takes effect the first day of the month when the facts support it and is made without a new application.

Title 38, §1536

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran’s service in the Spanish-American War, in which case the monthly rate shall be $75.

(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)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 January 1, 1938; 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.

(d)(1)Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 1541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.

(2)The Secretary shall pay each month to the surviving spouse of 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 (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 11 See References in Text note below. of this title, as in effect on December 31, 1978; or (B) that which is payable under section 1541 of this title, as in effect on December 31, 1978, as increased by such section 544,1 as in effect on such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 544 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 95–588, title I, § 112(a)(1), Nov. 4, 1978, 92 Stat. 2505, eff. Jan. 1, 1979.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 536 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1512(a)” for “512(a)”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2). Subsec. (d)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1978—Subsec. (d)(1). Pub. L. 95–588, § 108(1), substituted “a period of war” for “World War I”, and struck out “, except as provided in paragraph (2)” after “irrevocable”. Subsec. (d)(2). Pub. L. 95–588, § 108(2), inserted “, as in effect on December 31, 1978” after “of this title” in two places, and “as in effect on such date” after “such section 544”. 1975—Pub. L. 94–169, § 106(37), substituted “Surviving spouses” for “Widows” in section catchline. Subsec. (a). Pub. L. 94–169, § 106(32), substituted “pay to the surviving spouse” for “pay to the widow”, “unless such surviving spouse” for “unless she”, “the spouse” for “the wife” and “such veteran’s” for “his”. Subsec. (b). Pub. L. 94–169, § 106(33), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 94–169, § 106(33), substituted “paid to a surviving spouse” for “paid to a widow”, “unless such surviving spouse” for “unless she” and “such veteran” for “him”. Subsec. (d)(1). Pub. L. 94–169, § 106(34), substituted “Any surviving spouse” for “Any widow”, “if such surviving spouse” for “if she” and “surviving spouses” for “widows”. Subsec. (d)(2). Pub. L. 94–169, § 106(35), (36), substituted “surviving spouse” for “widow” wherever appearing, and “such surviving spouse” for “her”. 1972—Subsec. (d). Pub. L. 92–328 added subsec. (d). 1967—Subsec. (a). Pub. L. 90–77, § 105, substituted “$70” for “$65”. Subsec. (c). 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 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 1972 AmendmentAmendment by Pub. L. 92–328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as a note under section 1114 of this title.

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. Increase in Aid and Attendance Rates for Veterans Eligible for PensionMaximum annual pension rates under subsec. (d)(2) of this section increased by $600, effective Oct. 1, 1998, see section 8206 of Pub. L. 105–178, set out as a note under section 1521 of this title.

§1536 Surviving Spouses of Spanish-american War Veterans

Summary

Title 38, §1536

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata