IIA

103D CONGRESS

1ST SESSION H. R. 3456

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Veterans’ Affairs

AN ACT

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’’.

6 SEC. 2. SPECIAL DEATH GRATUITY FOR UNREMARRIED

7 SURVIVING SPOUSES.

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

9 States Code, is amended by adding at the end of sub10 chapter II the following new section:
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1 ‘‘§ 1319. Special death gratuity

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

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

4 by a surviving spouse and in which such marriage has sub5 sequently been terminated by death or divorce, a special

6 monthly death gratuity shall be payable to an unremarried

7 surviving spouse in an amount equal to the amount pay8 able under section 1311(a)(1) of this title, subject to a

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

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

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

12 at the beginning of such chapter is amended by inserting

13 after the item relating to section 1318 the following new

14 item:

‘‘1319. Special death gratuity.’’.

15 SEC. 3. RESTORATION OF PENSION ELIGIBILITY FOR

16 UNREMARRIED SPOUSES.

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

18 amended by adding at the end the following new para19 graph:

20 ‘‘(5) The term ‘surviving spouse’ includes the spouse

21 of a deceased veteran whose eligibility for benefits under

22 this chapter as a surviving spouse was terminated or de23 nied by reason of a subsequent remarriage if such subse24 quent remarriage is terminated by death or divorce.’’.
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1 SEC. 4. RESTORATION OF BURIAL ELIGIBILITY FOR

2 UNREMARRIED SPOUSES.

3 Section 2402(5) of title 38, United States Code, is

4 amended by inserting ‘‘(which for purposes of this chapter

5 includes an unremarried surviving spouse who had a sub6 sequent remarriage which was terminated by death or di7 vorce)’’ after ‘‘surviving spouse’’.

8 SEC. 5. EFFECTIVE DATE.

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

10 amendments made by sections 2 and 3 shall take effect

11 on December 1, 1994.

12 (b) CONTINGENCY.—The amendments made by sec13 tions 2 and 3 shall not take effect if there has not been

14 enacted as of December 1, 1994, a law providing a cost15 of-living adjustment in the rates of compensation payable

16 under chapter 11 or dependency and indemnity compensa17 tion payable under chapter 13 of title 38, United States

18 Code, for fiscal year 1995.

19 SEC. 6. POLICY REGARDING COST-OF-LIVING ADJUSTMENT

20 IN COMPENSATION RATES FOR FISCAL YEAR

21 1995.

22 (a) ROUNDING DOWN.—The fiscal year 1995 cost-of23 living adjustments in the rates of and limitations for com24 pensation payable under chapter 11 of title 38, United

25 States Code, and of dependency and indemnity compensa26 tion payable under chapter 13 of such title will be no more
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1 than a percentage equal to the percentage by which benefit

2 amounts payable under title II of the Social Security Act

3 (42 U.S.C. 401 et seq.) are increased effective December

4 1, 1994, as a result of a determination under section

5 215(i) of such Act (42 U.S.C. 415(i)), with all increased

6 monthly rates and limitations (other than increased rates

7 or limitations equal to a whole dollar amount) rounded

8 down to the next lower dollar.

9 (b) LIMITATION ON FISCAL YEAR 1995 COST-OF10 LIVING ADJUSTMENT FOR CERTAIN DIC RECIPIENTS.—

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

12 in any of the rates of dependency and indemnity com13 pensation in effect under section 1311(a)(3) of title 38,

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

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

16 to the next lower dollar.

17 (2) For purposes of paragraph (1), the new law in18 crease is the amount by which the rate of dependency and

19 indemnity compensation provided for recipients under sec20 tion 1311(a)(1) of such title is increased for fiscal year

21 1995.

Passed the House of Representatives November 16,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.