3

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 admin

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

5

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 8 death of any one spouse."

9 SEC. 4. Section 3010 of title 38, United States Code, 10 is amended by adding at the end thereof the following new 11 subsections:

12

"(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.".

23

222

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

Code, is amended by striking out the comma after "child"

24 and inserting in lieu thereof "or a person who has attained

4

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

2 under for two calendar years,".

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

4 is amended

5

6

7

8

9

10

11

(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 se12 curity instrument, on real property (which was prior to death the principal residence of a veteran and spouse)

23

13

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 death;

"(15) amounts in joint accounts in banks and 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.".

5

1

SEC. 7. Section 622 of title 38, United States Code, is amended by inserting "(a)" immediately before the

3 first sentence and by adding at the end thereof the follow

4 ing new subsection:

5

"(b) Notwithstanding the provisions of subsection (a)

6 of this section, the Administrator may not require any state7 ment under oath from an applicant referred to therein who 8 is seventy years of age or older for the purpose of determin9 ing inability to defray necessary expenses, and such appli10 cant shall be deemed to be unable to defray the expenses 11 of necessary hospital or domiciliary care."

12

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

91ST CONGRESS 1ST SESSION

H. R. 1140

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1969

Mr. GUBSER 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.

1 Be it enacted by the Senate and House of Representatives 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:

5 “(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 compensa

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

34-108 - 69-4

2

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 20 or more years of active military service or a service5 connected disability rated at 50 per centum or more, be con6clusively presumed to have died of a service-connected 7 disability."