LEGISLATION RELATING TO NON SERVICE - CONNECTED PENSIONS FOR VETERANS AND THEIR DEPENDENTS (ALL WARS) MONDAY, FEBRUARY 27, 1956 HOUSE OF REPRESENTATIVES, Washington, D.C. The committee met at 10:05 a. m., pursuant to call, in the hearing room of the House Committee on Veterans' Affairs, Hon. Olin E. Teague (chairman) presiding. The CHAIRMAN. The committee will come to order. We are beginning hearings this morning on some 75 different pension bills. I realize that this is a lot of bills to consider at one time, but they are so related and interrelated that I believe it is about the only way the committee can handle the matter. These bills group themselves into the following categories: Expansion of the pension system and increases in pension rates; Placing widows of World War II and Korean service on the same basis as World War I widows; Redefining the term "widow" and the requirements on marriage as they relate to pensions; Bills authorizing payment of pensions for Mexican border service; Pension bills for Spanish-American War veterans and dependents; and A miscellaneous group of bills which involve some smaller campaigns and smaller groups of veterans. Now, before each member of the committee is a folder with complete information on each of the bills, and also a folder giving the present pension laws and then taking up each bill all the way through. And there are sufficient copies of these so that any person in the room may have one if they want them. We will insert the bills in the record at this point. (The bills referred to are as follows:) [H. R. 93, 84th Cong., 1st sess.] A BILL To provide for the payment of pensions to veterans of World War I, World War II, and the Korean conflict, and their widows and children, at the same rates as apply in the case of veterans of the Spanish-American War, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Service Pension Act of 1955." SEC. 2.. (a) Every person who served in the active military or naval service of the United States during a war period and who meets both the ninety-day service requirement described in subsection (b) and the age or disability require ment described in subsection (c), shall be entitled to receive from the Administrator of Veterans' Affairs a pension at the rate of (1) $101.59 per month; or (2) $135.45 per month if he is helpless or blind, or requires the regular aid and attendance of another person. (b) An individual meets the ninety-day service requirement referred to in subsection (a) if he was discharged or released from active military or naval service under conditions other than dishonorable, and— (1) he served for ninety days during a war period; (2) he served continuously for a ninety-day period which began or ended during a war period; (3) he was discharged or released from a period of such service which began or ended during a war period for a disability incurred or aggravated in line of duty; or (4) he served during any reenlistment entered into on or after November 12, 1918, and before July 2, 1921, where there was prior service during World War I, if the periods of such service total at least ninety days. (c) An individual meets the age or disability requirements referred to in subsection (a) if— (1) he has attained the age of sixty-two years; or (2) he is suffering from a permanent service-connected disability (not the result of his own misconduct or vicious habits) which is rated by the Administrator of Veterans' Affairs to be 30 per centum or more in degree. SEC. 3. (a) The surviving widow, child, or children of any deceased person who served in the active military or naval service of the United State during a war period and who met the ninety-day service requirement described in subsection (b) of section 2, shall be entitled to receive pension at the rates established by subsection (b) of this section. (b) The monthly rates of pension referred to in subsection (a) are as follows: (1) Widow, no child, $54.18, unless the widow was married to the deceased during the war period in which he served, in which case the rate shall be $67.73; (2) Widow, one or more children, the rate established under paragraph (1), plus $8.13 for each child; (3) No widow eligible for pension, one child below age sixteen, $62.31, with $8.13 additional for each additional child below age sixteen (total amount equally divided); (4) No widow eligible for pension, no child below age sixteen, but one child age sixteen or over, $27.30; (5) No widow eligible for pension, no child below age sixteen, but two children age sixteen or over, $40.95 (total amount equally divided); and (6) No widow eligible for pension, no child below age sixteen, but three children age sixteen or over, $54.60 (total amount equally divided), with $7.56 for each additional child (total amount equally divided). (c) (1) Remarriage of a widow shall bar her from being eligible for pension under this Act; however, if such remarriage is dissolved by death or divorce on grounds other than her adultery, she shall thereafter be eligible for pension under this Act. (2) No widow shall be entitled to pension based on the service of more than one husband. (3) The open and notorious adulterous cohabitation of any widow shall terminate her eligibility for pension under this Act. SEC. 4 (a) The administrative, penal, and forfeiture provisions contained in Public, Numbered 2, Seventy-third Congress, as amended, and in the Veterans Regulations, as amended, shall apply to this Act. (b) (1) Except as otherwise provided in this subsection, terms used in this Act shall have the meaning which they have when used in the Veterans Regulations. (2) As used in this Act (A) The term "war period” means— (i) the period beginning on April 6, 1917, and ending on November 11, 1918; (ii) the period beginning on April 6, 1917, and ending on April 1, 1920, in the case of persons who served with the United States military forces in Russia; (iii) the period beginning on December 7, 1941, and ending on December 31, 1946; and (iv) the period beginning on June 27, 1950, and ending January 31, 1955; (B) The term "widow” has the following meanings : (i) With respect to persons who served during the periods described in subparagraph (i) or (ii) of paragraph (A), such term means a woman who was married to the veteran prior to December 14, 1944, or for ten or more years; (ii) With respect to persons who served during the period described in subparagraph (iii) of paragraph (A), such term means a woman who was married to the veteran prior to December 31, 1956, or for ten or more years; and (iii) With respect to persons who served during the period prescribed in subparagraph (iv) of paragraph (A), such term means a woman who was married to the veteran prior to January 31, 1965, or for ten or more years. For the purposes of this paragraph, all marriages shall be proven as valid marriages according to the law of the place where the parties resided at the time of marriage or the law of the place where the parties resided when the right to pension under this Act accrued, except that where the original date of marriage meets the requirements of this paragraph and the parties were legally married at the date of death of the veteran, the requirements of this paragraph as to the date of marriage shall be regarded as having been met. SEC. 5. (a) Except as provided in subsection (b) of this section, where eligibility for pension is established by virtue of this Act, pension shall be paid from the date of receipt of application therefor in the Veterans' Administration, but in no event prior to the effective date of this Act. (b) All persons receiving compensation or pension on the day prior to the effective date of this Act under laws administered by the Veterans' Administration, and who are eligible for pension under this Act, shall be entitled to the benefits of this Act without the necessity of filing an application therefor. SEC. 6. Section 2 of the Act entitled "An Act to safeguard the estates of veterans derived from payments of pension, compensation, emergency officers' retirement pay and insurance, and for other purposes", approved August 12, 1935, as amended (38 U. S. C., sec. 556a), is hereby amended by inserting immediately after "Public Law Numbered 484, Seventy-third Congress," the following: "the Service Pension Act of 1955,". SEC. 7. This Act shall take effect on the first day of the second calendar month which begins after the date of its enactment. Hon. OLIN E. TEAGUE, VETERANS' ADMINISTRATION, OFFICE OF THE AMINISTRATOR OF VETERANS' AFFAIRS, Chairman, Commitee on Veterans' Affairs, House of Representatives, Washington 25, D. C. DEAR MR. TEAGUE: This is in reply to your letter of January 14, 1955, requesting a report by the Veterans' Administration relative to H. R. 146, 84th Congess, a bill to provide that pension for non-service-connected permanent and total disabiity may be paid to single veterans who have a dependent parent and whose annual income does not exceed $2,700. The purpose of the bill is to make the greater annual income limitation ($2,700) governing the payment of pension for non-service-connected permanent and total disability, under part III of Veterans Regulation No. 1 (a), as amended, applicable to an otherwise elegible veteran who has a dependent mother or father. H. R. 146 is identical to H. R. 7705, 83d Congress, with respect to which the Veterans' Administration submitted a report to your committee under date of March 29, 1954 (committee print No. 222). H. R. 7705 was pending before your committee at the close of the 83d Congress. Under the mentioned part III, veterans of World War I, World War II, or the Korean conflict period are eligible, subject to specified requirements, to pension for permanent and total non-service-connected disability. The pension rates are $66.15 per month, or $78.75 if the veteran has received the basic rate for a continuous period of 10 years or reaches the age of 65. A rate of $135.45 per month is authorized in the case of an otherwise eligible veteran who is, on account of age or physical or mental disability, helpless or blind or so nearly helpless or blind as to need or require the regular aid and attendance of another person. Payment cannot be made if the veteran's annual income exceeds $1,400 if he is unmarried, or $2,700 if married or with minor children. Section 1 of H. R. 146, if enacted into law would introduce an entirely new factor by making the $2,700 limitation applicable to a case where the veteran has a dependent mother or father, even though unmarried and without children. Section 2 of H. R. 146 states that the provisions of the bill shall take effect on the first day of the second month after its enactment. It provides that pension shall not be paid to any person whose eligibility for pension is established solely by virtue of the bill for any period prior to the effective date thereof. It may be noted that the enactment of H. R. 146 would require a factual determination in each claim of a living veteran with reference to whether he has a mother or father actually dependent, as distinguished from the present situation where a mere showing of relationship is sufficient, namely that there is a wife or child. Whether dependent parents should be recognized as entitling the veteran to more liberal consideration in connection with the part III pension is a matter of policy concerning the extent of the Government's obligation to this class in providing non-service-connected benefits. Attention is invited to the fact that while compensation is presently provided for dependent parents based on service-connected death of the veteran, there is no comparable provision for pension in their favor based on non-service-connected death. Further, it is noted that veterans entitled to compensation for service-connected disability of at least 50 percent are paid additional compensation for, among others, a dependent mother or father. There is for consideration what precedential effect the enactment of H. R. 146 might have with respect to requests to make the $2,700 annual income limitation in question applicable to veterans who have other dependent relatives. It might also be urged as a precedent for applying the $2,700 limitation, governing the payment of death pension under the act of June 28, 1934 (48 Stat. 1281), as amended and extended, to widows who have a mother or father or other relative dependent upon them for support. The bill could also serve as a precedent for legislation granting death pension benefits to dependent parents. It is not possible to furnish an estimate of the cost of the bill, if enacted, inasmuch as there are no records available as to the number of single veterans who have a dependent mother or father and who might become eligible for benefits under the provisions of the bill. The Government's obligation to take dependent parents into account in providing non-service-connected disability benefits for veterans is considered highly questionable. Accordingly, and as H. R. 146 could be a precedent for costly legislation, I am unable to recommend its favorable consideration by the committee. Advice has been received from the Bureau of the Budget that there would be no objection to the submission of this unfavorable report to the committee. Sincerely yours, H. V. HIGLEY, Administrator. [H. R. 146, 84th Cong., 1st sess.] A BILL To provide that pension for non-service-connected permanent and total disability may be paid to single veterans who have a dependent parent, and whose annual income does not exceed $2,700 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph II (a) of part III of Veterans Regulation Numbered 1 (a) is hereby amended by inserting immediately after "minor children" the following: "or a dependent mother or father". SEC. 2. This Act shall take effect on the first day of the second month after its enactment. Pension shall not be paid for any period prior to the effective date of this Act to any person whose eligibility for pension is established solely by virtue of this Act. |