I

103D CONGRESS

1ST SESSION H. R. 3456

To amend title 38, United States Code, to restore certain benefits eligibility

to unremarried surviving spouses of veterans.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 4, 1993

Mr. SLATTERY (for himself, Mr. MONTGOMERY, Mr. STUMP, Mr. APPLEGATE,

Mr. EVERETT, Mr. EVANS, Mr. STEARNS, Mr. KING, Mr. EDWARDS of

Texas, Mr. TEJEDA, Ms. WATERS, and Mr. SPENCE) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to restore certain

benefits eligibility to unremarried surviving spouses of

veterans.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Surviving Spouses’

5 Benefits Act of 1993’’.
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1 SEC. 2. SPECIAL DEATH GRATUITY FOR UNREMARRIED

2 SURVIVING SPOUSES.

3 (a) IN GENERAL.—Chapter 13 of title 38, United

4 States Code, is amended by adding at the end of sub5 chapter II the following new section:

6 ‘‘§ 1319. Special death gratuity

7 ‘‘In any case in which benefits under this chapter

8 have been terminated or denied as the result of a marriage

9 by a surviving spouse and in which such marriage has sub10 sequently been terminated by death or divorce, a special

11 monthly death gratuity shall be payable to an unremarried

12 surviving spouse in an amount equal to the amount pay13 able under section 1311(a)(1) of this title, subject to a

14 reduction of $1 for each $1 of income countable under

15 section 1315(f)(1) of this title.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of such chapter is amended by inserting

18 after the item relating to section 1318 the following new

19 item:

‘‘1319. Special death gratuity.’’.

20 SEC. 3. RESTORATION OF PENSION ELIGIBILITY FOR

21 UNREMARRIED SPOUSES.

22 Section 1501 of title 38, United States Code, is

23 amended by adding at the end the following new para24 graph:
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1 ‘‘(5) The term ‘surviving spouse’ includes the spouse

2 of a deceased veteran whose eligibility for benefits under

3 this chapter as a surviving spouse was terminated or de4 nied by reason of a subsequent remarriage if such subse5 quent remarriage is terminated by death or divorce.’’.

6 SEC. 4. EFFECTIVE DATE.

7 (a) IN GENERAL.—Subject to subsection (b), the

8 amendments made by sections 2 and 3 shall take effect

9 on December 1, 1994.

10 (b) CONTINGENCY.—The amendments made by sec11 tions 2 and 3 shall not take effect if there has not been

12 enacted as of December 1, 1994, a law providing a cost13 of-living adjustment in the rates of compensation payable

14 under chapter 11 or dependency and indemnity compensa15 tion payable under chapter 13 of title 38, United States

16 Code, for fiscal year 1995.

17 SEC. 5. POLICY REGARDING COST-OF-LIVING ADJUSTMENT

18 IN COMPENSATION RATES FOR FISCAL YEAR

19 1995.

20 (a) ROUNDING DOWN.—The fiscal year 1995 cost-of21 living adjustments in the rates of and limitations for com22 pensation payable under chapter 11 of title 38, United

23 States Code, and of dependency and indemnity compensa24 tion payable under chapter 13 of such title will be no more

25 than a percentage equal to the percentage by which benefit
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1 amounts payable under title II of the Social Security Act

2 (42 U.S.C. 401 et seq.) are increased effective December

3 1, 1994, as a result of a determination under section

4 215(i) of such Act (42 U.S.C. 415(i)), with all increased

5 monthly rates and limitations (other than increased rates

6 or limitations equal to a whole dollar amount) rounded

7 down to the next lower dollar.

8 (b) LIMITATION ON FISCAL YEAR 1995 COST-OF9 LIVING ADJUSTMENT FOR CERTAIN DIC RECIPIENTS.—

10 (1) During fiscal year 1995, the amount of any increase

11 in any of the rates of dependency and indemnity com12 pensation in effect under section 1311(a)(3) of title 38,

13 United States Code, will not exceed 50 percent of the new

14 law increase, rounded down (if not an even dollar amount)

15 to the next lower dollar.

16 (2) For purposes of paragraph (1), the new law in17 crease is the amount by which the rate of dependency and

18 indemnity compensation provided for recipients under sec19 tion 1311(a)(1) of such title is increased for fiscal year

20 1995.

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