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10 U.S.C. § 8270Pension to persons serving ten years

submitted 69 years ago by Pub. L. 85-56 to r/title-10-ARMED-FORCES · 254 words · no verdicts yet

in plain englishAI-generated · not legal advice

Disabled Navy or Marine Corps veterans with ten or more years of honorable service can apply for a pension. A Navy board reviews their case and recommends an amount. Payments are capped based on comparable veteran disability rates.

(a) Any disabled person who served in the Navy or Marine Corps as an enlisted member or petty officer, or both, for ten years or more, and was not discharged for misconduct, may apply to the Secretary of the Navy for help. (b) After getting an application, the Secretary of the Navy may set up a board of at least three naval officers, including a surgeon, to examine the applicant's condition and recommend a suitable amount of help and a length of time to pay it. If the Secretary approves the board's recommendation, they certify it to the Secretary of Veterans Affairs, who then pays the applicant a monthly pension in that amount. (c) A naval pension under this section cannot be paid at a higher rate than what a World War I veteran gets for a permanent, total, non-service-connected disability — unless the applicant's disability is service-connected. In that case, the pension cannot go above the disability compensation rate paid for total disability to a veteran of any war or of peacetime service. For any naval pension first awarded before July 14, 1943, if the person is also entitled to a pension or compensation under laws the Secretary of Veterans Affairs administers, the naval pension cannot be more than one-fourth of that other pension or compensation.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 85–56, title XXII, § 2201(31)(C), June 17, 1957, 71 Stat. 161, § 6160; amended Pub. L. 85–857, § 13(v)(4), Sept. 2, 1958, 72 Stat. 1268; Pub. L. 99–145, title XIII, § 1301(c)(1), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 101–510, div. A, title XIV, § 1484(j)(4), Nov. 5, 1990, 104 Stat. 1719; renumbered § 8270, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)

history & why it existsrecord from the source credit
  • 1957Enacted · Pub. L. 85-56 · 71 Stat. 161
  • 1958Amended · Pub. L. 85-857 · 72 Stat. 1268
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 736
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1603
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1719
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1835

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-56 on 1957-06-17.

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