P.L. 95-202 during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe (A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and (B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants. Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated. (2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which (A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission, (B) the members of such group were subject to military justice, discipline, and control, (C) the members of such group were permitted to resign, (D) the members of such group were susceptible to assignment for duty in a combat zone, and (E) the members of such group had reasonable expectations that their service would be considered to be active military service. (b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title as a result of the enactment of subsection (a) of this section. (2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Secretary of Veterans Affairs, as a result of implementation of the provisions of subsection (a) of this section. (c) Under regulations prescribed by the Secretary of Defense, any person who is issued a discharge under honorable conditions pursuant to the implementation of subsection (a) of this section may be awarded any campaign or service medal warranted by such person's service. * [Internal Reference.-S.S. Act §210(1)(2) has a footnote referring to P.L. 95-202.] SEC. 1 P.L. 95-210, Approved December 13, 1977 (91 Stat. 1485) (e) [42 U.S.C 1395x note] Any private, nonprofit health care clinic that (1) on July 1, 1977, was operating and located in an area which on that date (A) was not an urbanized area (as defined by the Bureau of the Census) and (B) had a supply of physicians insufficient to meet the needs of the area (as determined by the Secretary), and P.L. 95-250 (2) meets the definition of a rural health clinic under section 1861(aa)(2) or section 1905(1) of the Social Security Act, except for clause (i) of section 1861(aa)(2), shall be considered, for the purposes of title XVIII or XIX, respectively, of the Social Security Act, as satisfying the definition of a rural health clinic under such section. [Internal References.-S.S. Act §§1861(aa) and 1910 catchlines have a footnote referring to P.L. 95-210. P.L. 90-248, §402 catchline (this volume) has a footnote referring to P.L. 95-210.] P.L. 95-250, Approved March 27, 1978 (92 Stat. 163) (19) Notwithstanding 59 any other provision of this Act, the Secretary shall reduce the amount of terminal pay for an employee, as calculated pursuant to section 207, 208, or 209, by the amount of the Federal and State income taxes which would be required to be withheld by an employer from wages equal to such terminal pay if paid to an employee with the same number of income tax exemptions as the recipient. For purposes of determining the amounts of such reductions with respect to severance payments made pursuant to sections 208 and 209, said severance payments shall be prorated over the number of weeks the equivalent sums would have been paid if the employees were eligible for and claiming the weekly layoff benefits provided in section 207. The Secretary shall withhold social security contributions from terminal pay in the same amounts as would be withheld if such pay (before the reductions provided for in this subsection) were wages and the Secretary shall make contributions on behalf of employees receiving terminal pay to the trust funds created under section 201 of the Social Security Act equal to the contributions required to be made by an employer paying wages equal to such unreduced terminal pay; and SEC. 204 [None assigned] * * * (b) The Secretary shall provide, additionally, for continuing entitlement to health and welfare benefits (other than group life and additional death, dismemberment, and loss of sight benefits) for employees who (4) are not eligible for benefits under title XVIII of the Social Security Act. 59 As in original. Possibly should be "notwithstanding". P.L. 95-250 * * [Internal References.-S.S. Act title XVIII and §201 catchlines have footnotes referring to P.L. 95-250.] P.L. 95-433, Approved October 10, 1978 (92 Stat. 1047) [Indian Claims Commission-Confederated Tribes and Bands of the Yakima Indian Nation] SEC. 2 [25 U.S.C. 609c-1] Any part of any of the judgment funds referred to in the first section of this Act that may be distributed per capita to, or held in trust for the benefit of, the members of a tribe, including minor's shares, shall not be subject to Federal or State income tax, and the per capita payment shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act, or any other Federal or federally assisted program. [Internal References.-S.S. Act §§1612(b) and 1613(a) catchlines and §§1002(a), 1402(a), and 1602(a)(State) have footnotes referring to P.L. 95-433.] P.L. 95-498, Approved October 21, 1978 (92 Stat. 1672) [Pueblo of Santa Ana Indians, New Mexico] * SEC. 6 [None assigned] All property declared to be held in trust for the benefit and use of the Pueblo of Santa Ana pursuant to this Act, and all the receipts therefrom referred to in section 5 of this Act, shall be exempt from Federal, State, and local taxation so long as such property is held in trust by the United States. Any distribution of such receipts to tribal members shall neither be considered as income or resources of such members for purposes of any such taxation nor as income or resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such member or his household would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. [Internal References.-S.S. Act §§1612(b) and 1613(a) catchlines and §§1002(a), 1402(a), and 1602(a)(State) have footnotes referring to P.L. 95-498.] P.L. 95-499, Approved October 21, 1978 (92 Stat. 1679) [Pueblo of Zia, New Mexico Indians] * SEC. 6 [None assigned] All property declared to be held in trust for the benefit and use of the Pueblo of Zia pursuant to this Act, and all the receipts therefrom referred to in section 5 of this Act, shall be exempt from Federal, State, and local P.L. 95-557 taxation so long as such property is held in trust by the United States. Any distribution of such receipts to tribal members shall neither be considered as income or resources of such members for purposes of any such taxation nor as income or resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such member or his household would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. [Internal References.-S.S. Act §§1612(b) and 1613(a) catchlines and §§1002(a) and 1402(a) have footnotes referring to P.L. 95-499.] P.L. 95-521, Approved October 26, 1978 (92 Stat. 1824) Ethics in Government Act of 1978 * SEC. 102 [2 U.S.C. 702] (i) A reporting individual shall not be required under this title to report(1) financial interests in or income derived from (A) any retirement system under title 5, United States Code (including the Thrift Savings Plan under subchapter III of chapter 84 of such title); or (B) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; or (2) benefits received under the Social Security Act. [Internal References.-S.S. Act titles I, II, III, IV, V, IX, X, XIV, XVI(State), XVI, XVIII, XIX, XX, and §1201 catchlines have footnotes referring to P.L. 95-521.] P.L. 95-557, Approved October 31, 1978 (92 Stat. 2080) * * SHORT TITLE SEC. 401 [42 U.S.C. 8001 note] This title may be cited as the "Congregate Housing Services Act of 1978". SEC. 410 [42 U.S.C. 8009] (b) No service provided to a public housing resident or to a resident of a housing project assisted under section 202 of the Housing Act P.L. 95-557 of 1959 60 under this title, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law. [Internal References.-S.S. Act §1612(b) catchline and §§2(a), 1002(a), 1402(a) and 1602(a)(State) have footnotes referring to P.L. 95-557.] P.L. 95-588, Approved November 4, 1978 (92 Stat. 2497) Veterans' and Survivors' Pension Improvement Act of 1978 SAVINGS PROVISIONS FOR PERSONS ENTITLED TO PENSION AS OF DECEMBER 31, 1978 SEC. 306 [38 U.S.C. 1521 note] (a)(1) (A) Except as provided in subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 521, 541, or 542 of title 38, United States Code, may elect to receive pension under such section as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Secretary of Veterans Affairs (hereinafter in this section referred to as the "Secretary") may prescribe. If pension is paid pursuant to such an election, the election shall be irrevocable. (B) Any veteran eligible to make an election under subparagraph (A) who is married to another veteran who is also eligible to make such an election may not make such an election unless both such veterans make such an election. (2) Any person eligible to make an election under paragraph (1) who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December 31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 521, 541, or 542, as appropriate, of title 38, United States Code, as in effect on December 31, 1978, except that (A) pension may not be paid to such person if such person's annual income (determined in accordance with section 503 of title 38, United States Code, as in effect on December 31, 1978) exceeds $4,038, in the case of a veteran or surviving spouse without dependents, $5,430, in the case of a veteran or surviving spouse with one or more dependents, or $3,299, in the case of a child; and (B) the amount prescribed in subsection (f)(1) of section 521 of such title (as in effect on December 31, 1978) shall be $1,285; as each such amount is increased from time to time under paragraph (3). (3) Whenever there is an increase under section 311261 of title 38, United States Code (as added by section 304 of this Act), in the maximum annual rates of pension under sections 521, 541, and 542 of such title, as in effect after December 31, 1978, the Secretary shall, effective on the date of such increase under such section 3112, increase (A) the annual income limitations in effect under paragraph (2); and (B) the amount of income of a veteran's spouse excluded from the annual income of such veteran under section 521(f)(1) of such title, as in effect on December 31, 1978; by the same percentage as the percentage by which such maximum annual rates under such sections 521, 541, and 542 are increased. (b)(1) Effective January 1, 1979, section 9 of the Veterans' Pension Act of 1959 (Public Law 86-211) is repealed. 60 See P.L. 86-372, §202, in this volume. 61 P.L. 102-40, §402(d)(2) provides that references to section 3112 be deemed references to the redesignated section 5312. |