(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; unless such surviving spouse was the spouse of the veteran during such veteran's service in one of the Indian Wars, in which case the monthly rate shall be $75. (Amended P.L. 90-77, § 105; P.L. 94-169, § 106 (26).) (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. (Amended P.L. 94-169, § 106 (27).) (c) 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 March 4, 1917; 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. (Amended P.L. 90-77, § 101 (a); P.L. 94–169, § 106 (28).)

§ 535. Children of Indian War veterans

Whenever there is no surviving spouse entitled to pension under section 534 of this title, the Administrator shall pay to the children of each Indian War veteran who met the service requirements of section 511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. (Amended P.L. 94–169, § 106 (31).)

§ 536. Surviving spouses of Spanish-American War veterans

(a) The Administrator shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 512(a) of this title a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran's service in the Spanish-American War, in which case the monthly rate shall be $75. (Amended P.L. 90-77, § 105; P.L. 94-169, § 106(32).)

(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. (Amended P.L. 94-169, § 106 (33).)

(c) 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 January 1, 1938; 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. (Amended P.L. 90-77, § 101(a); P.L. 94-169, § 106 (33).)

(d) (1) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable. (2) The Administrator shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attend

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Sec. 541

ance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 of this title, as in effect on December 31, 1978; or (B) that which is payable under section 541 of this title, as in effect on December 31, 1978, as increased by such section 544, as in effect on such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor. (Added P.L. 92-328, § 107; amended P.L. 94-169, § 106 (34)-(36); P.L. 95-588, § 108.)

§ 537. Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under section 536 of this title, the Administrator shall pay to the children of each Spanish-American War veteran who met the service requirements of section 512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. (Amended P.L. 94-169, § 106 (39).)

MEXICAN BORDER PERIOD, WORLD WAR I, WORLD WAR II, THE KOREAN CONFLICT, AND THE VIETNAM ERA

§ 541. Surviving spouses of veterans of a period of war

(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521 (j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a serviceconnected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. (Amended P.L. 86-211, § 4; P.L. 90-77, § 202(d); P.L. 91-588, § 9 (d) (1); P.L. 94-169, § 101(2)(B); P.L. 95-588, § 109 (a).)

(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse's annual income. (Added P.L. 86-211, § 4; amended P.L. 88-664, § 3 (c); P.L. 9077, § 106(a); P.L. 90-275, § 1(c); P.L. 91-588; § 1(c); P.L. 92-198, $1(c); P.L. 93-177, § 1(c); P.L. 93-527, § 3(1); P.L. 94–169, § 103 (1); P.L. 94-432, § 203 (1), (2); P.L. 95–204, § 102 (1), (2); P.L. 95– 588, § 109 (a).)

(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child. (Added P.L. 86-211, § 4; amended P.L. 88-664, § 3 (d); P.L. 9077, § 106(b); P.L. 90-275, § 1(d); P.L. 91–588, § 1(d); P.L. 92–198, §1(d); P.L. 93-177, § 1(d); P.L. 93-527, § 3(2); P.L. 94–169, § 103 (1); P.L. 94-432, § 203 (3), (4); P.L. 95-204, § 102 (3), (4) ; P.L. 95– 588, § 109 (a).)

(d)(1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse's annual income.

(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child. (Added P.L. 86-211, § 4; amended P.L. 90-77, § 106 (c); P.L. 92-198, § 1(e); P.L. 93–177, § 2; P.L. 93–527, § 3(3); P.L. 94-169, § 103 (2); P.L. 94– 432, § 203 (5); P.L. 95–204, § 102 (5); P.L. 95-588, § 109 (a).)

(e) (1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension.

(2) For purposes of paragraph (1) of this subsection, the requirement of "permanently housebound" shall be met when the surviving spouse is substantially confined to such surviving spouse's house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse's lifetime. (Amended P.L. 86-211, 84; P.L. 90-77, §§ 101 (a), 202(e); P.L. 91-588, §9 (d) (2); P.L. 94-169, §§ 101 (2) (C), 106(40); P.L. 95-588, § 109 (a).)

(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran

(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran;

(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. (Added P.L. 93-527, §3(4); amended P.L. 95-588, § 109 (a).)

(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving. spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the

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Sec. 543

judgment of the Administrator to do so would work a hardship on the surviving spouse. (Added P.L. 95-588, § 109 (a).)

(h) As used in this section and section 542 of this title, the term "veteran" includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty. (Added P.L. 95-588, § 109 (a).)

§ 542. Children of veterans of a period of war

The Administrator shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 521 (j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 541 of this title, pension at the annual rate of $600, as increased from time to time under section 3112 of this title and reduced by the amount of such child's annual income; or, if such child is residing with a person who is legally responsible for such child's support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 541 (c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $600, as increased from time to time under section 3112 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 541 (c) for the purposes of the preceding sentence shall be determined in accordance. with regulations which the Administrator shall prescribe. (Amended P.L. 86-211, § 4; P.L. 88-664, § 4; P.L. 90-77, §§ 107, 202(g); P.L. 91-588, 9(e) (1); P.L. 92-198, 81(f); P.L. 93-177, § 3; P.L. 93-527, $4(1); P.L. 94-169, §§ 101 (2) (D), 104(1); P.L. 94-432, § 204(1); P.L. 95-204, § 103 (1); P.L. 95-588, § 110 (a).)

§ 543. Net worth limitation

(a) (1) The Administrator shall deny or discontinue payment of pension to a surviving spouse under section 541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse's maintenance. (2) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 541 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouse's child for purposes of this chapter. (Added P.L. 86-211, 84; amended P.L. 94–169, § 101(2) (E); P.L. 95-588, § 111.)

(b) The Administrator shall deny or discontinue payment of pension to a child under section 542 of this title when the corpus of the estate

of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child's support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estate be consumed for the child's maintenance. (Added P.L. 95–588, § 111.)

Subchapter IV-Army, Navy, Air Force, and Coast Guard Medal of Honor Roll

§ 560. Medal of Honor Roll; persons eligible

(a) There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Transportation, respectively, a roll designated as the "Army, Navy, Air Force, and Coast Guard Medal of Honor Roll." (Amended P.L. 88-77, § 5(1); P.L. 91-24, § 5.)

(b) Upon written application to the Secretary concerned, the Secretary shall enter and record on such roll the name of each surviving person who has served on active duty in the armed forces of the United States and who has been awarded a medal of honor for distinguishing such person conspicuously by gallantry and intrepidity at the risk of such person's life above and beyond the call of duty while so serving. (Amended P.L. 87-138, § 1(a); P.L. 88-77, § 5(1); P.L. 88-651; P.L. 89-311, §4; P.L. 94-169, § 106 (41).)

(c) Applications for entry on such roll shall be made in the form and under regulations prescribed by the Secretary concerned, and shall indicate whether or not the applicant desires to receive the special pension provided by section 562 of this title. Proper blanks and instructions shall be furnished by the Secretary concerned, without charge upon the request of any person claiming the benefits of this subchapter. (Amended P.L. 87-138, § 1(b).)

§ 561. Certificate

(a) The Secretary concerned shall determine whether or not each applicant is entitled to have such person's name entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the official award of the Medal of Honor to the applicant, or the official notice to such person thereof, shows that the Medal of Honor was awarded to the applicant for an act described in section 560 of this title, such award or notice shall be sufficient to entitle the applicant to have such person's name entered on such roll without further investigation; otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence on file in any public office or department shall be considered. (Amended P.L. 87-138, § 2(a); P.L. 88–77, § 5(2); P.L. 94-169, § 106 (42).)

(b) Each person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the Medal of Honor was awarded, of enrollment on such roll, and, if such person has indicated such person's desire to receive the special pension provided by section 562 of this title, of such person's right to such special pension. (Amended P.L. 87-138, § 2(a); P.L. 88–77, § 5(2); P.L. 94–169, § 106 (42).)

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