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38 U.S.C. § 1511Indian War veterans

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 322 words · no verdicts yet

in plain englishAI-generated · not legal advice

Indian War veterans. (a) The Secretary must pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate: (1) $101.59; or (2) $135.45 if the veteran is in need of regular aid and attendance.

(a) The Secretary must pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate: (1) $101.59; or (2) $135.45 if the veteran is in need of regular aid and attendance. (b) A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars— (1) for thirty days or more; or (2) for the duration of such Indian War; in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State. (c) (1) Any veteran eligible for pension under this section must, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid under such an election, the election must be irrevocable, except as provided in paragraph (2). (2) The Secretary must pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under section 1521 of this title if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section under paragraph (1) of this subsection. Each change in the amount of pension payment required by this paragraph must be effective as of the first day of the month during which the facts of the particular case warrant such change, and must be made without specific application therefor.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary shall pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate:

(1)

$101.59; or

(2)

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

(b)

A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars—

(1)

for thirty days or more; or

(2)

for the duration of such Indian War;

in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State.

(c)
(1)

Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).

(2)

The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under section 1521 of this title if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this subsection. Each change in the amount of pension payment 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.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 511; Pub. L. 86–670, § 1, July 14, 1960, 74 Stat. 545; Pub. L. 90–77, title I, § 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94–169, title I, § 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1511 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1135
  • 1960Amended · Pub. L. 86-670 · 74 Stat. 545
  • 1967Amended · Pub. L. 90-77 · 81 Stat. 181
  • 1975Amended · Pub. L. 94-169 · 89 Stat. 1017
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

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