II 

111TH CONGRESS 

2D SESSION S. 3352 

To amend title 38, United States Code, to exempt reimbursements of expenses 

related to accident, theft, loss, or casualty loss from determinations 

of annual income with respect to pensions for veterans and surviving 

spouses and children of veterans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2010 

Mr. TESTER 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 exempt reimbursements of expenses related to accident, theft, loss, or 

casualty loss from determinations of annual income with 

respect to pensions for veterans and surviving spouses 

and children of veterans, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Pensions 

5 Protection Act of 2010’’. 


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1 SEC. 2. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EX2 PENSES FROM DETERMINATION OF ANNUAL 

3 INCOME WITH RESPECT TO PENSIONS FOR 

4 VETERANS AND SURVIVING SPOUSES AND 

5 CHILDREN OF VETERANS. 

6 Paragraph (5) of section 1503(a) of title 38, United 

7 States Code, is amended to read as follows: 

8 ‘‘(5) payments regarding— 

9 ‘‘(A) reimbursements of any kind (includ10 ing insurance settlement payments) for— 

11 ‘‘(i) expenses related to the repay12 ment, replacement, or repair of equipment, 

13 vehicles, items, money, or property result14 ing from— 

15 ‘‘(I) any accident (as defined in 

16 regulations which the Secretary shall 

17 prescribe), but the amount excluded 

18 under this subclause shall not exceed 

19 the greater of the fair market value or 

20 reasonable replacement value of the 

21 equipment or vehicle involved at the 

22 time immediately preceding the acci23 dent; 

24 ‘‘(II) any theft or loss (as defined 

25 in regulations which the Secretary 

26 shall prescribe), but the amount exVerDate Mar 15 2010 03:07 May 13, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352

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1 cluded under this subclause shall not 

2 exceed the greater of the fair market 

3 value or reasonable replacement value 

4 of the item or the amount of the 

5 money (including legal tender of the 

6 United States or of a foreign country) 

7 involved at the time immediately pre8 ceding the theft or loss; or 

9 ‘‘(III) any casualty loss (as de10 fined in regulations which the Sec11 retary shall prescribe), but the 

12 amount excluded under this subclause 

13 shall not exceed the greater of the fair 

14 market value or reasonable replace15 ment value of the property involved at 

16 the time immediately preceding the 

17 casualty loss; and 

18 ‘‘(ii) medical expenses resulting from 

19 any accident, theft, loss, or casualty loss 

20 (as defined in regulations which the Sec21 retary shall prescribe), but the amount ex22 cluded under this clause shall not exceed 

23 the costs of medical care provided to the 

24 victim of the accident, theft, loss, or cas25 ualty loss; and 


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1 ‘‘(B) pain and suffering (including insur2 ance settlement payments and general damages 

3 awarded by a court) related to an accident, 

4 theft, loss, or casualty loss, but the amount ex5 cluded under this subparagraph shall not exceed 

6 an amount determined by the Secretary on a 

7 case-by-case basis;’’. 

Æ 


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