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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 deter

4 mines that the divorce was secured through fraud by either

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“(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.”

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SEC. 2. (a) No widow shall be denied benefits by the 11 Veterans Administration, other than insurance, soley be12

cause 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: 3

“(3) Benefits other than insurance under laws adminis4 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

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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.'

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SEC. 4. Section 3010 of title 38, United States Code, is

10 amended by adding at the end thereof the following new sub

11 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

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decree of divorce becomes final, if an application therefor is received within one year from such termination.

“(m) The effective date of an award of benefits to a widow based upon termination of actions described in subsection 103 (d) (3) of this title shall not be earlier than the date of receipt of application therefor filed after termination

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

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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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1 seventy-two years of age and has been paid pension there

2 under for two calendar years,”.

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SEC. 6. Section 503 of title 38, United States Code, is

4 amended

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(a) by inserting before “United” in paragraph (4) there “servicemen's group life insurance,”; and

(b) by substituting a semicolon for the period at the end of said section and adding the following new paragraphs:

“(14) amounts equal to prepayments on an indebtedness secured by a mortgage, or similar type security instrument, on real property (which was prior to death the principal residence of a veteran and spouse) made by the veteran or his widow, after the death of the spouse, during the year of death and the succeeding year, if said indebtedness was in existence at the time

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of death;

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"(15) amounts in joint accounts in banks and

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similar institutions acquired by reason of death of other joint owner;

"(16) payments received by a retired employee from his former employer as reimbursement for monthly premiums for supplementary medical insurance benefits for the aged provided by part B of title XVIII of the Social Security Act, as amended.”.

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1 SEC. 7. Section 622 of title 38, United States Code, 2 is amended by inserting “(a)” immediately before the 3 first sentence and by adding at the end thereof the follow4 ing new subsection:

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“(b) Notwithstanding the requirements of subsection 6 (a), the receipt of pension under chapter 15 of this title

7 shall be accepted as sufficient evidence of inability to defray

8 necessary expenses, and an applicant in receipt of such 9 pension shall be exempt from executing a statement under

10 oath."

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SEC. 8. This Act shall take effect on January 1, 1969.

91st CONGRESS

1st SESSION

H. R. 3301

IN THE HOUSE OF REPRESENTATIVES

JANUARY 14, 1969 Mr. TEAGUE of Texas introduced the following bill; which was referred to the

Committee on Veterans Affairs

A BILL

To amend title 38 of the United States Code to provide increased

dependency and indemnity compensation to widows in need

of the regular aid and attendance of another person. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That subchapter II of chapter 13 of title 38, United States 4 Code, is amended by adding the following new section to the

5 end thereof:

6 " 418. Aid and attendance allowance

7 “If any widow is entitled to dependency and indemnity 8 compensation under this subsection and is in need of regular 9 aid and attendance, the monthly rate of dependency and 10 indemnity compensation payable to her shall be increased 11 by $75.".

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