38 U.S.C. § 1102 — Special provisions relating to surviving spouses
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 128 words · no verdicts yet
This section covers special provisions relating to surviving spouses. No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran— (1) before the expiration of fifteen years after the termination of the period of service in.
(a) No compensation* must be paid to the surviving spouse* of a veteran* under this chapter unless that surviving spouse* was married to that veteran— (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; 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. (b) Subsection (a) must not be applicable to any surviving spouse who, about date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary* in effect on December 31, 1957 .
No compensation* shall be paid to the surviving spouse* of a veteran* under this chapter unless such surviving spouse* was married to such veteran—
before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
for one year or more; or
for any period of time if a child* was born of the marriage, or was born to them before the marriage.
Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary* in effect on December 31, 1957.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1119
- 1960Amended · Pub. L. 86-491 · 74 Stat. 161
- 1967Amended · Pub. L. 90-77 · 81 Stat. 178
- 1976Amended · Pub. L. 94-433 · 90 Stat. 1378
- 1991Amended · Pub. L. 102-83 · 105 Stat. 403, 406
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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