II 

111TH CONGRESS 

1ST SESSION S. 1118 

To amend title 38, United States Code, to provide for an increase in the 

amount of monthly dependency and indemnity compensation payable 

to surviving spouses by the Secretary of Veterans Affairs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2009 

Mrs. LINCOLN (for herself, Mr. KOHL, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for an 

increase in the amount of monthly dependency and indemnity compensation payable to surviving spouses by 

the Secretary of Veterans Affairs, and for other purposes. 

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

3 SECTION 1. INCREASE IN AMOUNT OF DEPENDENCY AND 

4 INDEMNITY COMPENSATION PAYABLE TO 

5 SURVIVING SPOUSES. 

6 (a) INCREASE.—Section 1311 of title 38, United 

7 States Code, is amended— 


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1 (1) in subsection (a)(1), by striking ‘‘of 

2 $1,091’’ and inserting ‘‘equal to 55 percent of the 

3 rate of monthly compensation in effect under section 

4 1114(j) of this title’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(g) Notwithstanding any other provision of law 

8 (other than section 5304(b)(3) of this title), in the case 

9 of an individual who is eligible for dependency and indem10 nity compensation under this section who is also eligible 

11 for benefits under another provision of law by reason of 

12 such individual’s status as the surviving spouse of a vet13 eran, then, neither a reduction nor an offset in benefits 

14 under such provision shall be made by reason of such indi15 vidual’s eligibility for benefits under this section.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall apply with respect to compensation 

18 paid under chapter 13 of title 38, United States Code, 

19 for months beginning after the date that is 180 days after 

20 the date of the enactment of this Act. 


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1 SEC. 2. PHASE-IN OF PAYMENT OF DEPENDENCY AND IN2 DEMNITY COMPENSATION WITH RESPECT TO 

3 VETERANS WHO DIE OF NON-SERVICE CON4 NECTED DISABILITY AFTER ENTITLEMENT 

5 TO COMPENSATION FOR SERVICE-CON6 NECTED DISABILITY RATED AS TOTALLY DIS7 ABLING FOR AT LEAST FIVE YEARS. 

8 Section 1318 of title 38, United States Code, is 

9 amended— 

10 (1) in subsection (b)(1), by striking ‘‘10 years’’ 

11 and inserting ‘‘five years’’; 

12 (2) by redesignating subsections (c), (d), and 

13 (e) as subsections (d), (e), and (f), respectively; and 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection (c): 

16 ‘‘(c) In the case of a deceased veteran described in 

17 subsection (b)(1), benefits under this chapter shall be pay18 able under subsection (a) in amounts as follows: 

19 ‘‘(1) If the disability of the veteran described in 

20 subsection (b)(1) was continuously rated totally dis21 abling for a period of at least five years, but less 

22 than six years, immediately preceding death, at the 

23 rate of 50 percent of the benefits otherwise so pay24 able. 

25 ‘‘(2) If the disability of the veteran so described 

26 was continuously rated totally disabling for a period 


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1 of at least six years, but less than seven years, im2 mediately preceding death, at the rate of 60 percent 

3 of the benefits otherwise so payable. 

4 ‘‘(3) If the disability of the veteran so described 

5 was continuously rated totally disabling for a period 

6 of at least seven years, but less than eight years, im7 mediately preceding death, at the rate of 70 percent 

8 of the benefits otherwise so payable. 

9 ‘‘(4) If the disability of the veteran so described 

10 was continuously rated totally disabling for a period 

11 of at least eight years, but less than nine years, im12 mediately preceding death, at the rate of 80 percent 

13 of the benefits otherwise so payable. 

14 ‘‘(5) If the disability of the veteran so described 

15 was continuously rated totally disabling for a period 

16 of at least nine years, but less than 10 years, imme17 diately preceding death, at the rate of 90 percent of 

18 the benefits otherwise so payable. 

19 ‘‘(6) If the disability of the veteran so described 

20 was continuously rated totally disabling for a period 

21 of at least 10 years immediately preceding death, at 

22 the rate otherwise so payable.’’. 


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1 SEC. 3. REDUCTION FROM AGE 57 TO AGE 55 OF AGE AFTER 

2 WHICH REMARRIAGE OF SURVIVING SPOUSE 

3 SHALL NOT TERMINATE DEPENDENCY AND 

4 INDEMNITY COMPENSATION. 

5 (a) REDUCTION IN AGE.—Section 103(d)(2)(B) of 

6 title 38, United States Code, is amended— 

7 (1) in the first sentence, by striking ‘‘age 57’’ 

8 and inserting ‘‘age 55’’; and 

9 (2) by striking the second sentence. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the date that is the later 

12 of— 

13 (1) the first day of the first month that begins 

14 after the date of the enactment of this Act; and 

15 (2) the first day of the fiscal year that begins 

16 in the calendar year in which this Act is enacted. 

17 (c) RETROACTIVE BENEFITS PROHIBITED.—No ben18 efit may be paid to any person by reason of the amend19 ment made by subsection (a) for any period before the 

20 effective date specified in subsection (b). 

21 (d) APPLICATION FOR BENEFITS.—In the case of an 

22 individual who but for having remarried would be eligible 

23 for benefits under title 38, United States Code, by reason 

24 of the amendment made by subsection (a) and whose re25 marriage was before the date of the enactment of this Act 

26 and after the individual had attained age 55, the indiVerDate Nov 24 2008 23:17 May 24, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

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1 vidual shall be eligible for such benefits by reason of such 

2 amendment only if the individual submits an application 

3 for such benefits to the Secretary of Veterans Affairs not 

4 later than the end of the one-year period beginning on the 

5 date of the enactment of this Act. 

Æ 


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