August 8, 1946, 60 Stat. 908910 [PUBLIC LAW 662-79TH CONGRESS] [H. R. 6811] AN ACT U. S. C. 38: 739 Relating to veterans' pension, compensation, or retirement pay during hospitalization, institutional or domiciliary care, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (A) (1) where any veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the Veterans' Administration, any pension, compensation, or retirement pay otherwise payable shall continue without reduction until the first day of the seventh calendar month following the month of enactment hereof, or the month of admission of such veteran for treatment or care, whichever is the later. If treatment or care extends beyond that period, the pension, compensation, or retirement pay, if $30 per month or less, shall continue without reduction, but if greater than $30 per month, the pension, compensation, or retirement pay shall not exceed 50 per centum of the amount otherwise payable or $30 per month, whichever is the greater: Provided, That if such veteran is discharged from such treatment or care upon certification by the officer in charge of the hospital, institution, or home, that maximum benefits have been received or that release is approved, he shall be paid in a lump sum such additional amount as would equal the total sum by which his pension, compensation, or retirement pay has been reduced under this section: Provided further, That where treatment or care is terminated by the veteran against medical advice or as the result of disciplinary action the amount by which any pension, compensation, or retirement pay is reduced hereunder, shall be paid to him at the expiration of six months after such termination or, in the event of his prior death, as provided in paragraph (2) hereof; and the pension, compensation, or retirement pay of any veteran leaving against medical advice or as the result of disciplinary action shall, upon a succeeding readmission for treatment or care, be subject to reduction, as herein provided, from the date of such readmission, but if such subsequent treatment or care is continued until discharge therefrom upon certification, by the officer in charge of the hospital, institution, or home in which treatment or care was furnished, that maximum benefits have been received or that release is approved, the veteran shall be paid in a lump sum such additional amount as would equal the total sum by which his pension, compensation, or retirement pay has been reduced under this section subsequent to such readmission. (2) In the event of the death of any veteran subject to the provisions of this section, while receiving hospital treatment, institutional or domiciliary care, or prior to payment of any lump sum authorized herein, such lump sum shall be paid in the following order of precedence: First, to the widow, or widower; second, if the decedent left no widow, or widower, or the widow or widower be dead at time of settlement, then to the adult or minor children in equal parts; third, if no widow, widower, or children, then to the father and mother in equal parts; fourth, if either the father or mother be dead, then to the one surviving; fifth, if there be no widow, widower, children, father, or mother at the time of settlement, then to the brothers and sisters in equal parts: Provided, That if there be no persons in the classes named to whom payment may be made hereunder, no payment shall be made, except there may be paid only so much of the lump sum as may be necessary to reimburse a person who bore the expenses of last sickness or burial, but no part of the lump sum shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of such veteran: Provided further, That no payment shall be made under this paragraph unless claim therefor shall be filed with the Veterans' Administration within five years after the death of the veteran, except that if any person so entitled under this paragraph be under legal disability at the time of death of the veteran, said five-year period of limitation shall run from the termination or removal of the legal disability. superseded Au (B) Where any veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the Veterans' Administration, and shall be rated by the Veterans' Administration in accordance with regulations as being incompetent by reason of mental illness, the pension, compensation, or retirement pay for such veteran shall be subject to the provisions of subsection (A) of this section: Provided, That no payment of a lump sum herein authorized shall be made until after the expiration. of six months following a finding of competency: Provided further, Second proviso That in any case where the estate of such incompetent veteran derived gust 1, 1949, 63 from any source equals or exceeds $1,500, further payments of such Stat. 484, c. 375 benefits will not be made until the estate is reduced to $500: And provided further, That all or any part of the pension, compensation, or retirement pay payable on account of any incompetent veteran may, in the discretion of the Administrator, and in accordance with instructions issued by the Administrator, be paid to the chief officer of the institution wherein the veteran is hospitalized, to be properly accounted for by said chief officer and to be used for the benefit of the veteran; or may be paid to the guardian of the veteran in accordance with the provisions of paragraph 1 of section 21 of the World War Veterans' Act, 1924, as amended; or, in the event the veteran has a wife, child, or dependent parent, may, in the discretion of the Administrator, be paid to his wife or apportioned on behalf of such wife, child, or dependent parent; or otherwise be disposed of in accordance with the provisions of paragraph 3 of section 21 of the World War Veterans' Act, 1924, as amended. (C) Where any veteran who is being furnished hospital treatment, institutional or domiciliary care by the United States, or any political subdivision thereof, has a wife, child, or dependent parent, the pension, compensation, or retirement pay may, in the discretion of the Administrator, be apportioned on behalf of such wife, child, or dependent parent, in accordance with instructions issued by the Administrator. (D) Any veteran subject to the provisions of subsection (A) or (B) shall be deemed to be single and without dependents in the absence of satisfactory evidence to the contrary: Provided, That in no U. S. C. 38: 471a (3) August 8, 1946, U. S. C. 38: 693h event shall increased compensation, pension, or retirement pay of (E) Subparagraphs (A), (B), (C), and (D) of paragraph VI of (F) Notwithstanding any other provision of this section or any other provision of law, no reduction shall be made in the pension, compensation, or retirement pay of any veteran for any part of the period during which he is furnished hospital treatment, or institutional or domiciliary care, for Hansen's disease, by the United States or any political subdivision thereof. (G) The administrative, definitive, penal, and forfeiture provisions The increases provided by this section shall be effective from the [PUBLIC LAW 675-79TH CONGRESS] [CHAPTER 882-2D SESSION] [S. 2256] AN ACT To amend the Servicemen's Readjustment Act of 1944. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301 of the Servicemen's Readjustment Act of 1944 (58 Stat. 286) is amended. by changing the period at the end of the section to a colon and by adding the following: "And provided further, That the authority conferred upon the Secretary of War and the Secretary of the Navy by this section shall vest in and be exercised by the Secretary of the Treasury, at such times as the Coast Guard is operating under the Treasury Department, with respect to the discharge or dismissal of former personnel of the Coast Guard, and that the findings of boards established pursuant to such authority shall be final subject only to review by the Secretary of the Treasury." Approved August 8, 1946. June 16, 1948. 62 Stat. 446 August 1, 1949. 63 Stat. 484 U. S. C. 38: 739 [PUBLIC LAW 646-80TH CONGRESS] [CHAPTER 472-2D SESSION] [H. R. 6355] AN ACT Making supplemental appropriations for the Federal Security Agency for the fiscal year ending June 30, 1949, and for other purposes. Effective July 1, 1948, the United States Employment Service, including its functions under title IV of the Servicemen's Readjustment Act of 1944, is transferred to the Federal Security Agency, and on and after such date the functions of the Secretary of Labor with respect to the United States Employment Service are transferred to the Federal Security Administrator and shall be performed by him or, under his direction and control, by such officers and employees of the Federal Security Agency as he may designate. There are transferred to the Federal Security Agency, for use in connection with the functions transferred by the provisions of this paragraph, the personnel, property, and records of the Department of Labor related to the United States Employment Service, and the balances of such prior appropriations, allocations, and other funds available to the United States Employment Service as the Director of the Bureau of the Budget may determine. The provisions of section 9 of the Reorganization Act of 1945 (Public Law 263, Seventy-ninth Congress) shall apply to the transfer effected by this paragraph in like manner as if such transfer were a reorganization of the agencies and functions concerned under the provisions of that Act. * Approved June 16, 1948. [PUBLIC LAW 194-81ST CONGRESS] [S. 266] AN ACT Modifying a limitation affecting the pension, compensation, or retirement pay payable on account of an incompetent veteran without dependents during hospitalization, institutional or domiciliary care. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second proviso of subsection (B) of the first section of the Act entitled "An Act relating to veterans' pension, compensation, or retirement pay during hospitalization, institutional or domiciliary care, and for other purposes", approved August 8, 1946 (60 Stat. 908), is amended to read as follows: "Provided further, That in any case where the estate of such incompetent veteran derived from any source equals or exceeds $1,500, further payments of such benefits shall not be made until the estate is reduced to $500, but the amount which would be payable but for this proviso shall be paid to the veteran as provided for the lump sum in the preceding proviso but in the event of the veteran's death no part thereof shall be payable:". Approved August 1, 1949. |