(B) the amount of income of a veteran's spouse excluded from the annual income of such veteran under section 521(f)(1) of such title, as in effect on December 31, 1978;

by the same percentage as the percentage by which such maximum annual rates under such sections 521, 541, and 542 are increased. (Amended P.L. 102-83, § 6(c).)

(b)(1) Effective January 1, 1979, section 9 of the Veterans' Pension Act of 1959 (Public Law 86-211) is repealed.

(2)(A) Except as provided in subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 9(b) of the Veterans' Pension Act of 1959 may elect to receive pension under section 521, 541, or 542 or title 38, United States Code, as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Secretary may prescribe. If pension is paid pursuant to such an election, the election shall be irrevocable.

(B) Any veteran eligible to make an election under subparagraph (A) who is married to another veteran who is also eligible to make such an election may not make such an election unless both such veterans make such an election.

(3) Any person eligible to make an election under paragraph (2) who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December 31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 9(b) of the Veterans' Pension Act of 1959, as in effect on December 31, 1978, except that pension may not be paid to such person if such person's annual income (determined in accordance with the applicable provisions of law, as in effect on December 31, 1978) exceeds $3,534, in the case of a veteran or surviving spouse without dependents or in the case of a child, or $5,098, in the case of a veteran or surviving spouse with one or more dependents, as each such amount is increased from time to time under paragraph (4).

(4) Whenever there is an increase under section 3112 of title 38, United States Code (as added by section 304 of this Act), in the maximum annual rates of pension under sections 521, 541, and 542 of such title, as in effect after December 31, 1978, the Secretary shall, effective on the date of such increase under such section 3112, increase the annual income limitations in effect under paragraph (3) by the same percentage as the percentage by which the maximum annual rates under such sections 521, 542, and 543 are increased.

(Amended P.L. 102–83, § 6(c).)

(c) Any case in which

(1) a claim for pension is pending in the Veterans' Administration on December 31, 1978;

(2) a claim for pension is filed by a veteran after December 31, 1978, and within one year after the date on which such veteran became totally and permanently disabled, if such veteran become totally and permanently disabled before January 1, 1979; or

(3) a claim for pension is filed by a surviving spouse or by a child after December 31, 1978, and within one year after the

date of death of the veteran through whose relationship such claim is made, if the death of such veteran occurred before January 1, 1979;

shall be adjudicated under title 38, United States Code, as in effect on December 31, 1978. Any benefits determined to be payable as the result of the adjudication of such a claim shall be subject to the provisions of subsection (a).

(d) In any case in which any person who as of December 31, 1978, is entitled to receive pension under section 521, 541, or 542 of title 38, United States Code, or under section 9(b) of the Veterans' Pension Act of 1959, elects (in accordance with subsection (a)(1) or (b)(2), as appropriate) before October 1, 1979, to receive pension under such section as in effect after December 31, 1978, the Secretary shall pay to such person an amount equal to the amount by which the amount of pension benefits such person would have received had such election been made on January 1, 1979, exceeds the amount of pension benefits actually paid to such person for the period beginning on January 1, 1979, and ending on the date preceding the date of such election.

(Amended P.L. 102-83, § 6(c).)

(e) Whenever there is an increase under subsections (a)(3) and (b)(4) in the annual income limitations with respect to persons being paid pension under subsections (a)(2) and (b)(3), the Secretary shall publish such annual income limitations, as increased pursuant to such subsections, in the Federal Register at the same ime as the material required by section 215(i)(2)(D) of the Social Security Act is published by reason of a determination under secion 215(i) of such Act.

Amended P.L. 102–83, § 6(c).)

ECTION 6 OF THE NATIONAL CEMETERIES ACT OF 1973 (PUBLIC LAW 93-43)

SEC. 6 [38 U.S.C. 2404 note]. (a)(1) There are hereby transferred m the Secretary of the Army to the Administrator of Veterans' fairs all jurisdiction over, and responsibility for, (A) all national neteries (except the cemetery at the United States Soldiers' and men's Home and Arlington National Cemetery), and (B) any er cemetery (including burial plots), memorial, or monument der the jurisdiction of the Secretary of the Army immediately eceding the effective date of this section (except the cemetery loed at the United States Military Academy at West Point) which › President determines would be appropriate in carrying out the rposes of this Act.

2) There are hereby transferred from the Secretary of the Navy d the Secretary of the Air Force to the Administrator of Veters' Affairs all jurisdiction over, and responsibility for, any cemey (including burial plots), memorial, or monument under the judiction of either Secretary immediately preceding the effective te of this section (except those cemeteries located at the United ates Naval Academy at Annapolis, the United States Naval me Cemetery at Philadelphia, and the United States Air Force ademy at Colorado Springs) which the President determines uld be appropriate in carrying out the purposes of this Act.

b) So much of the personnel, property, records, and unexpended lances of appropriations, allocations and other funds available to, under the jurisdiction of, the Secretary of the Army, the Secary of the Navy, and the Secretary of the Air Force, in connecn with functions transferred by this Act, as determined by the rector of the Office of Management and Budget, are transferred the Administrator of Veterans' Affairs.

c) All offenses committed and all penalties and forfeitures inTed under any of the provisions of law amended or repealed by 8 Act may be prosecuted and punished in the same manner and h the same effect as if such amendments or repeals had not en made.

d) All rules, regulations, orders, permits, and other privileges ised or granted by the Secretary of the Army, the Secretary of the vy, or the Secretary of the Air Force with respect to the cemeies, memorials, and monuments transferred to the Veterans' Adnistration by this Act, unless contrary to the provisions of such t, shall remain in full force and effect until modified, suspended, rruled, or otherwise changed by the Administrator of Veterans' airs, by any court of competent jurisdiction, or by operation of

7.

e) No suit, action, or other proceeding commenced by or against y officer in his official capacity as an official of the Department

of the Army, the Department of the Navy, or the Department of the Air Force with respect to functions transferred under subsection (a) or (c) of this section shall abate by reason of the enactment of this section. No cause of action by or against any such department with respect to functions transferred under such subsection (a) or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this section. Causes of actions, suits, or other proceedings may be asserted by or against the United States or such officer of the Veterans' Administration as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, upon its own motion or that of any party, enter an order which will give effect to the provisions of this subsection. If before the date this section takes effect, any such department, or officer thereof in his official capacity, is a party to a suit with respect to any function so transferred, such suit shall be continued by the Administrator of Veterans' Affairs.