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91ST CONGRESS 1ST SESSION

H. R. 2087

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1969

Mr. HOSMER introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to provide survivor benefits for military career personnel.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That section 410 (a) of title 38, United States Code, is 4 amended to read as follows:

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“(a) When any veteran dies after December 31, 1956, 6 from a service-connected or compensable disability, the Ad7 ministrator shall pay dependency and indemnity compensa8 tion to his widow, children, and parents. The standards 9 and criteria for determining whether or not a disability is 10 service connected shall be those applicable under chapter 11 11 of this title: Provided, however, That for purposes of this

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1 section and chapter 11, a veteran entitled to the receipt of 2 retired or retainer pay at the time of his death shall, if such 3 entitlement to retired or retainer pay is based upon either 4 twenty or more years of active military service or a service5 connected disability rated at 50 per centum or more, be con6 clusively presumed to have died of a service-connected 7 disability."

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91ST CONGRESS 1ST SESSION

H. R. 2091

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1969

Mr. KING introduced the following bill; which was referred to the Committee on Veterans' Affairs

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A BILL

To modify the reporting requirement and establish additional income exclusions relating to pension for veterans and their widows, to liberalize the bar to payment of benefits to remarried widows of veterans, to liberalize the oath requirement for hospitalization of veterans, and for other purposes. Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That subsection (d) of section 103 of title 38, United States 4 Code, is amended by inserting "(1)" immediately after 5 "(d)" and by adding at the end of said subsection the 6 following:

7 “(2) The remarriage of the widow of a veteran shall 8 not bar the furnishing of benefits to her as the widow of the

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1 veteran if the remarriage has been terminated by death, or 2 has been dissolved by a court with basic authority to render 3 divorce decrees unless the Veterans' Administration deter4 mines that the divorce was secured through fraud by either

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party or collusion.

“(3) The actions of a widow in living with another man

7 and holding herself out openly to the public to be the wife of

8 such other man shall not bar the furnishing of benefits to her

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as the widow of the veteran if such actions have terminated." SEC. 2. (a) No widow shall be denied benefits by the 11 Veterans' Administration, other than insurance, soley because of prior restrictions on payment in the nature of 13 inference or presumption of remarriage, or relating to open 14 and notorious adulterous cohabitation or similar conduct, if 15 the relationship or conduct which warranted imposition of 16 the restriction has terminated.

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(b) The effective date of an award of benefits resulting 18 from enactment of subsection (a) of this section shall not 19 be earlier than the date of receipt of application therefor, 20 filed after termination of the particular relationship or con21 duct and after December 31, 1968.

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SEC. 3. Subsection (b) of section 3104 of title 38, 23 United States Code, is amended by striking out “paragraph 24 (2)" in paragraph 1 thereof and inserting in lieu thereof

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1 "paragraphs (2) and (3)" and by adding at the end thereof

2 the following new paragraph:

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"(3) Benefits other than insurance under laws adminis

4 tered by the Veterans' Administration may not be paid to

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any person by reason of the death of more than one per

6 son to whom he or she was married; however, the person

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may elect one or more times to receive benefits by reason 8 of the death of any one spouse."

9 SEC. 4. Section 3010 of title 38, United States Code, is 10 amended by adding at the end thereof the following new sub11 sections:

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"(1) The effective date of an award of benefits to a 13 widow based upon termination of a remarriage by death or 14 divorce shall be the date of death or the date the judicial 15 decree of divorce becomes final, if an application therefor is received within one year from such termination.

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'(m) The effective date of an award of benefits to a widow based upon termination of actions described in sub

section 103 (d) (3) of this title shall not be earlier than the

date of receipt of application therefor filed after termination

of such actions and after December 31, 1968.".

SEC. 5. Section 506 (a) (2) of title 38, United States

Code, is amended by striking out the comma after "child" and inserting in lieu thereof "or a person who has attained

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