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causes having no relationship to his service-connected disa

2 bility.” 3

SEC. 5. The amendments made by this Act shall become 4 effective on the first day of the second calendar month fol5 lowing the month in which this Act is enacted.

91st CONGRESS

1st SESSION

H. R. 12411

IN THE HOUSE OF REPRESENTATIVES

JUNE 25, 1969 Mr. MURPHY of New York introduced the following bill; which was referred

to the Committee on Veterans Affairs

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 require

ment for hospitalization of veterans, and for other purposes, 1 Be it enacted by the Senate and House of Representa

2 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 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, solely 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.

17 (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 con

21 duct and after December 31, 1968.

22 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 admin4 istered by the Veterans' Administration may not be paid to

any person by reason of the death of more than one person 6 to whom he or she was married; however, the person may 7 elect one or more times to receive benefits by reason of the

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8 death of any one spouse."

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SEO. 4. Section 3010 of title 38, United States Code,

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

11 subsections:

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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 16 received within one year from such termination. 17 "(m) The effective date of an award of benefits to a 18 widow based upon termination of actions described in sub19 section 103 (d) (3) of this title shall not be earlier than the 20 date of receipt of application therefor filed after termination 21 of such actions and after December 31, 1968.”. 22 SEC. 5. Section 506 (a) (2) of title 38, United States 23 Code, is amended by striking out the comma after "child" 24 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 there2 under for two calendar years,".

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

4 is amended

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(a) by inserting before “United” in paragraph (4) thereof "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 of

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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

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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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