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 fol-
lowing 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Surviving Spouses’
Benefits Act of 1993’’.
SEC. 2. SPECIAL DEATH GRATUITY FOR UNREMARRIED
SURVIVING SPOUSES.
(a) IN GENERAL.—Chapter 13 of title 38, United
States Code, is amended by adding at the end of sub-
chapter II the following new section:
‘‘§ 1319. Special death gratuity
‘‘In any case in which benefits under this chapter
have been terminated or denied as the result of a marriage
by a surviving spouse and in which such marriage has sub-
sequently been terminated by death or divorce, a special
monthly death gratuity shall be payable to an unremarried
surviving spouse in an amount equal to the amount pay-
able under section 1311(a)(1) of this title, subject to a
reduction of $1 for each $1 of income countable under
section 1315(f)(1) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 1318 the following new
item:
‘‘1319. Special death gratuity.’’.
SEC. 3. RESTORATION OF PENSION ELIGIBILITY FOR
UNREMARRIED SPOUSES.
Section 1501 of title 38, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(5) The term ‘surviving spouse’ includes the spouse
of a deceased veteran whose eligibility for benefits under
this chapter as a surviving spouse was terminated or de-
nied by reason of a subsequent remarriage if such subse-
quent remarriage is terminated by death or divorce.’’.
SEC. 4. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsection (b), the
amendments made by sections 2 and 3 shall take effect
on December 1, 1994.
(b) CONTINGENCY.—The amendments made by sec-
tions 2 and 3 shall not take effect if there has not been
enacted as of December 1, 1994, a law providing a cost-
of-living adjustment in the rates of compensation payable
under chapter 11 or dependency and indemnity compensa-
tion payable under chapter 13 of title 38, United States
Code, for fiscal year 1995.
SEC. 5. POLICY REGARDING COST-OF-LIVING ADJUSTMENT
IN COMPENSATION RATES FOR FISCAL YEAR
1995.
(a) ROUNDING DOWN.—The fiscal year 1995 cost-of-
living adjustments in the rates of and limitations for com-
pensation payable under chapter 11 of title 38, United
States Code, and of dependency and indemnity compensa-
tion payable under chapter 13 of such title will be no more
than a percentage equal to the percentage by which benefit
amounts payable under title II of the Social Security Act
(42 U.S.C. 401 et seq.) are increased effective December
1, 1994, as a result of a determination under section
215(i) of such Act (42 U.S.C. 415(i)), with all increased
monthly rates and limitations (other than increased rates
or limitations equal to a whole dollar amount) rounded
down to the next lower dollar.
(b) LIMITATION ON FISCAL YEAR 1995 COST-OF-
LIVING ADJUSTMENT FOR CERTAIN DIC RECIPIENTS.—
(1) During fiscal year 1995, the amount of any increase
in any of the rates of dependency and indemnity com-
pensation in effect under section 1311(a)(3) of title 38,
United States Code, will not exceed 50 percent of the new
law increase, rounded down (if not an even dollar amount)
to the next lower dollar.
(2) For purposes of paragraph (1), the new law in-
crease is the amount by which the rate of dependency and
indemnity compensation provided for recipients under sec-
tion 1311(a)(1) of such title is increased for fiscal year
1995.
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