f $1.50 a month. That total figure per annum would amount to nly $43,700. Mr. SCHAFER. With reference to the widow of a World War vetran, under existing laws and regulations, if she marries a veteran efore May 13, 1938, and reaches the age of 50 or more at the time of he death of her veteran husband, she will receive $45 a month. Mr. ODOм. Yes; under Public, 198, death due to service. Mr. SCHAFER. I think you have taken 75 percent of the $30 a month World War rate in cases where the death or contributing cause of eath has no relation to the veteran's service. The CHAIRMAN. Is there not an intermediate rate? A widow under 0 years of age gets less, I believe. Are there not two rates granted idows on account of disability of their husbands? Mr. ODOм. The rate under 50 years of age is $38. In other words, f a woman is married to a veteran prior to May 13, 1938, and she 3 less than 50 years of age, her deceased veteran husband having ncurred service-connected disability and he dies therefrom, she gets 38 a month. If that same widow were 50 or more years of age, she would get $45 a month. Those are in cases where death is due to service. The CHAIRMAN. Granting peacetime widows' rates at three-fourths those granted World War widows under the act of July 19, 1939 (service-connected death group), would give rates as follows: Widow inder 50 years, no child, $28.50; widow over 50 years, no child, $33.75, with $7.50 additional for one child to the age of 10 years and $11.25 per month thereafter, and $6 additional for each additional child to the age of 10 years and $9.75 thereafter; one child, no widow, $15; two children, no widow (equally divided), $24.75; three children, no widow (equally divided), $34.50, with $6 per month additional for each additional child, the total amount to be equally divided; one dependent parent, $33.75; two dependent parents, each, $18.75; total amount not to exceed $62.25. Mr. ОDOм. That is right. The rates would run from $28.50 to $33.75 for the widows according to Public, 198. The CHAIRMAN. That is where the husbands had a service-connected disability. Mr. ODOм. That is right. The CHAIRMAN. And the other widows would come under the $30 a month rate? Mr. ODOM. Yes; that is right. Mr. SCHAFER. Therefore if this committee would apply only 75 percent of the World War rates, it would give a widow of a World War veteran who died of a non-service-connected disability $1.50 more per month than it would give the widow of a member of the Regular Establishment who was killed in the service. Mr. LARRABEE. That would not be right. Mr. SCHAFER. The contention has been made by the Veterans' Administration, as I gather from the testimony, that we would remove inequalities by giving the widows and dependents of members of the Regular Establishment 75 percent of the World War widow and dependent rates. If we should do that, I am pointing out the fact that then a widow under 50 years of age whose husband was a mem of the Regular Establishment and killed in line of duty or wh death resulted from service, would receive but $28.50 a month or $1 less than a widow of a World War veteran whose death had relation whatever to his service. Mr. ODOм. That is right. The report which Major Clark read was prepared not on the you have before you at this moment, but at the request of the ch man of the committee in connection with the bill that was d sidered at a past session with respect to the 75 percent peacet rates for veterans. This material was prepared as a result o request from the committee, and it is for general application o rather than specific application to this particular bill. Mr. SCHAFER. Another inequality which would be created, as I it. Should we only grant 75 percent of the World War rates widows of the members of the Regular Establishment whose deat were service connected or related, a widow under 50 years of whose husband was killed in line of duty or died as a result service-incurred disabilities would receive $28.50 or $1.50 a month than the widow of a Spanish-American War veteran who did meet her husband until after that war and he was run over a killed by a streetcar many years after the war. Mr. ŎDOм. Yes; on the basis of 75 percent of that prescribed Public, 198. Mr. SCHAFER. In arriving at the recommendation of 75 percent the World War rates for dependents of members of the Regul Establishment, did you also include a recommendation of the 75 p cent of the $30 per month rate so that a widow and dependent of deceased member of the Regular Establishment would receive percent of the $30 a month provided he had a service disabili although the cause or contributing cause of death was not related his service. ther Mr. ODOм. We did not make any recommendation at all. Th matter has not been submitted to the Bureau of the Budget, fore we cannot discuss that angle of it. The CHAIRMAN. The charts prepared by the Veterans' Admini tration do not constitute a recommendation. They were simply pr pared at the request of the chairman to help members of the com mittee in considering the matters now before us. Mr. SCHAFER. I understand that. The Veterans' Administration however, has indicated approval of 75 percent of the World Wa rates for members of the Regular Establishment who served afte 1898. The measure was signed by the President and therefore w must understand that the Veterans' Administration approved it, ap proved the giving of 75 percent of the World War rates to member of the Regular Establishment. Major CLARK. The figure was 60 percent of those rates. Afte Congress passed Public, 257 (Senate bill 522), the Administrator se cured all the data he could and submitted it to the President. Th President did not veto the bill and it became law. Mr. SCHAFER. It got by the green light and everybody approved the 75-percent rate. Mr. BOLLES. What is, specifically, before the committee at this time? The CHAIRMAN. We have several bills. Mr. Costello is here to resent his bill, which is H. R. 7191. Mr. BOLLES. At the last session there was discussion in regard to onsolidating several bills. The CHAIRMAN. That matter was put over until we shall have eard about these other bills and cleared them up. We want to clear p the general docket first. We want to take care of all these general Ws first. Mr. BOLLES. As I remember, the thought at the last meeting was hat we would consolidate many of these proposals into one general 11. H. R. 7191 The CHAIRMAN. Let us now take up H. R. 7191, which reads as llows: [H. R. 7191, 76th Cong., 1st sess.] BILL To make more equitable provision for pensions for the dependents of deceased veterans of the Army, Navy, Marine Corps, and the Coast Guard Be it enacted by the Senate and House of Representatives of the United States 'America in Congress assembled, That the rates of pension now or hereafter uthorized by laws and regulations to be paid to the dependent widow, dependent hild or children where there is no widow, and to a dependent mother or father, r both, of deceased veterans who have been retired from or have been killed in ne of duty with the Army, Navy, Marine Corps, or Coast Guard, shall be creased $2 per month for each whole year of active service performed by e deceased veteran: Provided, That the total pension or pensions payable to e dependent or dependents of any deceased veteran, under this and all other ets, shall not exceed $100 per month, and where such pension or pensions, cept for this limitation, would exceed $100, the amount paid to each such pendent, where there is more than one, shall be apportioned as the Admintrator of Veterans' Affairs may prescribe. on. JOHN LESINSKI, Chairman, Committee on Invalid Pensions, VETERANS' ADMINISTRATION, House of Representatives, Washington D. C. MY DEAR MR. LESINSKI: Further reference is made to your letter dated July , 1939, requesting a report on H. R. 7191, Seventy-sixth Congress, a bill to ake more equitable provision for pensions for the dependents of deceased terans of the Army, Navy, Marine Corps, and the Coast Guard, which rovides: "That the rates of pension now or hereafter authorized by laws and regulaons to be paid to the dependent widow, dependent child or children where ere is no widow, and to a dependent mother or father, or both, of deceased eterans who have been retired from or have been killed in line of duty with le Army, Navy, Marine Corps, or Coast Guard, shall be increased $2 per month r each whole year of active service performed by the deceased veteran : rovided, That the total pension or pensions payable to the dependent or dependits of any deceased veteran, under this and all other acts, shall not exceed 100 per month, and where such pension or pensions, except for this limitation, ould exceed $100, the amount paid to each such dependent, where there is more an one, shall be apportioned as the Administrator of Veterans' Affairs may rescribe." It is not clear whether the bill is intended to grant an increase at the rate of ? per month for each whole year of active service for all the dependents of the eceased veteran, or provide an increased pension at the rate of $2 per month for is widow or children in addition to $2 increase for each full year of active ervice to the dependent father or mother, or both. If the bill is to receive furer consideration, it is suggested that this matter be clarified. Attention is invited to the fact that the bill would introduce numerous compliations and inequalities in the present system of laws governing the granting of pension or compensation. The present provisions of law whereby pension compensation, at certain specified rates, is payable on account of death of veteran from a service-connected disability, includes disease or injury incur in service in addition to those cases where the veteran was killed in line of du As to the Spanish-American War, including the Boxer Rebellion and Philipp Insurrection, there are rates of pension available for war-service-connected de higher than the rates payable under the service pension laws. As to the Wo War, in nonservice-connected death cases, it is required, under the existing 1 that the veteran must have had a disability at time of death directly or presu tively connected with his war service. No service pension, as such, is at pre provided for widows and children of World War veterans. By including within the purview of the bill veterans who have been reti there are included those retired for disability and those retired on account longevity. In many retirement cases the death of the veteran is not due to ability connected with service. In those cases the increases provided in the would inure to the benefit of widows and children of Regular Establishment erans who served during the period of the Spanish-American War, including Boxer Rebellion and Philippine Insurrection, for whom service pension is provided, and would discriminate against those veterans of the Regular Est lishment whose only war service was during the World War for which service service pension as such is provided for the widows and children. In order that the dependents of a veteran whose death occurred in service to retirement may be benefited under the terms of the bill the veteran must h been killed in line of duty. This would include only those cases of service whose deaths were brought about by some violent means while in the service $ would exclude those men whose deaths occurred as a result of natural caus disease, or injuries directly resulting from service. There is for further consideration the fact that as to the Army, there is provision for retirement of enlisted men for disability and in the case of t veteran discharged for disability incurred in line of duty, should he die of su disability, the widow and children would receive no increases under the bill. similar cases where the veteran was granted disability retirement by way transfer to the Fleet Naval Reserve, his dependents would receive the benef under the bill. Some of the inequities of the bill may be demonstrated by the followi examples: 1. A man entered service January 1, 1898, retired after 30 years' service December 31, 1928, and died June 30, 1939. His widow under the act of May 1926, as reenacted by the act of August 13, 1935, would receive $30 monthly service pension, and under this bill an additional $60 per month would be payal totaling $90 monthly. 2. A man entered service January 1, 1915, died of battle-incurred wounds January 1, 1918. His widow might receive a maximum rate of $45 month under the act of June 19, 1939 (Public, No. 198) and under this bill would entitled to receive an additional amount at the rate of $2 per month for ea of his 3 years of service providing a total rate of only $51 monthly. 3. A man entered service on January 1, 1910, and on November 30, 1929, aft 29 years and 11 months of service, died of disease. His widow could receiv only the amount payable for death during peacetime service under Veteran Regulation No. 1 (a), part II, $30 monthly at the most, because her husban was not retired or was not "killed" in line of duty. It is believed that the committee will desire to consider the fact that th length of active service of the veteran has not been used as a basis fo determining rates of pension or death compensation to the dependents of deceased veteran. The service pension acts (service connection of disabilit or death not required) generally require a minimum length of service not excess of 90 days during a war and honorable discharge therefrom, and servi in excess of such minimum is not considered in determining the rate of pensio to the widows and children. The Service Pension Act of May 11, 1912, pe taining to Civil War veterans, made provision for service pension of from $ to $30 per month based upon ages 62, 66, 70, and 75, such rates being graduate based upon length of service during the Civil War from 90 days to 3 year This provision, however, was materially modified by the act of June 10, 191 and was superseded by the act of May 1, 1920. At no time during the appl cability of this particular legislation did the factor of graduation of rates o account of length of service enter into the grant of service pension to the widow and children, the basic eligibility requirements for those dependents being minimum of 90 days' service or if less than 90 days, discharge for disability ncurred in line of duty. Considering the matter of compensation for service-connected death and service ensions for nonservice-connected death, it is suggested that careful considertion has always been given to the fact that the first obligation is to the serviceonnected cases and for them the highest rates should be given. It is possible inder the bill for the rates in many cases to exceed the amount of pension or ompensation the veteran might have been receiving had he not been retired. further, selection of the particular groups, as provided in the bill for the nhanced rates would effect a discrimination as to many of the groups of serviceonnected and nonservice-connected cases under the existing laws. The Veterans' Administration does not have immediately available the data which would be required for an estimate of cost of a bill of this nature. Should urther consideration be given the proposed legislation, and the bill be clarified o remove any question as to the intent thereof, a request for report and estinate of cost would require, as to the latter, a study of case records which would ntail considerable time and expense. For the foregoing reasons no estimate of cost of the bill in its present form is furnished at this time. In view of the foregoing, the Veterans' Administration is unable to recommend avorable consideration of the bill to your committee. Advice has been received from the Director, Bureau of the Budget, that the roposed legislation would not be in accord with the program of the President. Very truly yours, FRANK T. HINES, Administrator. STATEMENT OF HON. JOHN M. COSTELLO, MEMBER OF CONGRESS, FIFTEENTH DISTRICT, CALIFORNIA The CHAIRMAN. This bill was introduced by the Honorable John M. Costello, of California, and for the purpose of the record I have inserted a copy of the bill and a report I received from the Administrator of Veterans' Affairs relative to its provisions. This bill provides additional pension of $2 per month to dependents for each whole year of active service performed by a deceased veteran who has been retired from or was killed in line of duty in our armed forces. It further provides that the amount payable should not exceed $100 per month. Mr. Costello, we shall be pleased to have your statement in regard to this bill. Mr. COSTELLO. Mr. Chairman and gentlemen of the committee, my purpose in preparing this bill was due to the fact that as an official objector on the call of the Private Calendar of the House I observed several bills that were introduced in an attempt to remedy situations that needed attention, but in each case the bill was rejected largely on the ground that it embodied class legislation. I have tried to draft a bill to take care of all persons in a particular group and thereby afford more equitable treatment than is accorded under existing law. For instance, the widow of a retired officer in the service does not receive any pension of any kind if her husband was retired unless it be by reason of the fact the husband might have had wartime service, which would entitle her to some pension. Usually such a widow receives a negligible amount, but $22 a month or, at the most, $30 a month. In many cases we find the widows of high-ranking officers cut off from subsistence, except for these meager pensions, whereas they have been accustomed to a definite station in life, and they should be able to maintain themselves in keeping with those stations and standings. |