38 U.S.C. § 1532 — Surviving spouses of Civil War veterans

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 206 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must pay a qualifying Civil War veteran’s surviving spouse a monthly pension based on the spouse’s age. The pension increases for each child, and the marriage must meet one of three timing or child-related conditions.

(a) The Secretary must pay the surviving spouse of each Civil War veteran who met this section’s service requirements $40.64 per month if the spouse is under 70, or $70 per month if the spouse is 70 or older. (b) If the veteran has a child, the spouse’s pension increases by $8.13 per month for each child. (c) The veteran qualifies by serving at least 90 days in active military or naval service during the Civil War, as earlier defined in laws administered by the Veterans’ Administration, or by being discharged or released because a surgeon certified disability. (d) No pension is paid unless the spouse married the veteran before June 27, 1905, or was married to the veteran for at least 1 year, or was married for any length of time if a child was born during the marriage or was born to them before the marriage.

the actual law source: uscode.house.gov ↗public domain

(a)

The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate:

(1)

$40.64 if such surviving spouse is below seventy years of age; or

(2)

$70 if such surviving spouse is seventy years of age or older.

(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)

A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans’ Administration, or if such veteran was discharged or released from such service upon a surgeon’s certificate of disability.

(d)

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 June 27, 1905; 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.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 532; Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, § 106(20)–(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1532 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 103–446, title XII, § 1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-857 · 72 Stat. 1137
1967Amended · Pub. L. 90-77 · 81 Stat. 178, 179
1975Amended · Pub. L. 94-169 · 89 Stat. 1018
1991Amended · Pub. L. 102-54 · 105 Stat. 283
1991Amended · Pub. L. 102-83 · 105 Stat. 403
1994Amended · Pub. L. 103-446 · 108 Stat. 4682

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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