An Act to liberalize the provisions for payment to parents and children of dependency and indemnity compensation, and for other purposes
PL 89-730 (H.R.14347), enacted 11/02/1966

80 STAT.] 
PUBLIC LAW 89-730-NOV. 2, 1966 
1157 
Public Law 89-730 
AN ACT 
November 2, 1966 
To liberalize the iH'ovisioiis for payment to parents and children of dependency 
[H.R. 14347] 
and indemnity iK>mi>ensation. and for other pni"ix)ses. 
Be 'it enticted by the Senate and House of Representatives 
of the 
United States of Am^rwa in Congress assembled^ That (a) section 
415(b), title 38, United States Code, is amended to read as follows: 
"(b) (1) Except as provided in subsection (b) (2), if there is only 
one parent, dependency and indemnity compensation shall be paid 
to him at a monthly rate equal to the amount under column II of 
the following table opposite his total annual income as shown in 
column I : 
Veterans. 
Dependency and 
indemnity compen-
sation. 
72 Stat. 1129. 
^'Column I 
Total annual income 
pjqual to or 
More than— 
but 
less than— 
$800 
1,100 
1,300 
1,500 
1,800 
$800 
1,100 
1,300 
1,500 
1,800 
Column II 
$87 
69 
52 
35 
18 
No amount payable" 
"(2) If there is only one parent, and he has remarried and is liv-
ing with his spouse, dependency and indemnity compensation shall 
be paid to him under either the table in subsection (b) (1) or the table 
in subsection (d), whichever is the greater. In such a case of remar-
riage the total combined annual income of the parent and his spouse 
shall be counted in determining the monthly rat« of dependency and 
indemnity compensation under the appropriate table." 
(b) The table in section 415(c), title 38, United States Code, is 
amended to read as follows: 
"Column I' 
Total annual income 
Equal to or 
More than— 
but 
less than— 
$800 
1,100 
1,300 
1,500 
1,800 
$800 
1,100 
1,300 
1,500 
1,800 
Column I I 
$58 
46 
35 
23 
12 
No amount payable" 
1158 
PUBLIC LAW 89-730-NOV. 2, 1966 
[80 STAT. 
(c) The table in section 415(d), title 38, United States Code, is 
amended to read as follows: 
•'Column I 
Total combined annual income 
Equal to or 
More tlian— 
but 
less than— 
$1,000 
1,500 
2,000 
2, 500 
3,000 
$1,000 
1,500 
2,000 
2,500 
3,000 
('olumn 11 
$58 
46 
35 
23 
12 
No amount payable" 
SKC. 2. Section 415 (g) of title 38, United States Code, is amended— 
(1) by striking out "chapter 11" in paragraph (1)(C) and 
inserting in lieu thereof "chapters 11 and 15"; 
(2) by striking out the period at the end of clause (E) and in-
serting in lieu thereof a semicolon; and 
(3) by adding at the end of paragraph (1) thereof the follow-
ing; new clauses: 
"(F) payments under policies of servicemen's group life in-
surance. United States Government life insurance or national 
service life insurance, and payments of servicemen's indemnity; 
"(G) 10 per centum of the amount of payments to an individual 
under public or private retirement, annuity, endowment, or simi-
lar plans or programs; 
" (H) amounts equal to amounts paid by a parent of a deceased 
veteran for— 
" (i) a deceased spouse's j ust debts, 
"(ii) the expenses of the spouse's last illness to the extent 
such expenses are not reimbursed under chapter 51 of this 
title, and 
" (iii) the expenses of the spouse's burial to the extent that 
such expenses are not reimbursed under chapter 23 or chapter 
51 of this title; 
" (I) proceeds of fire insurance policies; 
"(J) amounts equal to amounts paid by a parent of a deceased 
veteran for— 
" (i) the expenses of the veteran's last illness, and 
"(ii) the expenses of his burial to the extent that such 
expenses are not reimbursed under chapter 23 of this title; 
"(K) profit realized from the disposition of real or personal 
property other than in the course of a business; 
"(L) payments received for discharge of jury duty or obliga-
torv civic duties.'^ 
77 Stat. 17. 
80 STAT. ] 
PUBLIC LAW 89-730-NOV. 2, 1966 
1159 
SEC. 3. Seotion 3012 (b) (4), title 38, United States Code, is amended 
by inserting before the semicolon at the end thereof the following: 
", except that when a change in income is due to an increase in pay-
ments under a public or private retirement plan or program the effec-
tive date of a reduction or discontinuance resulting therefrom shall 
be the last day of the calendar year in which the change occurred". 
SEC. 4. Section 413, title 38, United States Code, is amended— 
(1) by striking out "$77" in paragraph (1) and inserting in 
lieu thereof "$80'^; 
(2) by striking out "$110" in paragraph (2) and inserting in 
lieu thereof "$115"; 
(3) by striking out "$143" in paragraphs (3) and (4) and 
inserting in lieu thereof "$149"; and 
(4) by striking out "$28" in paragraph (4) and inserting in 
lieu thereof "$29". 
SEC. 5. Section 414, title 38, United States Code, is amended— 
(1) by striking out "$28" in subsection (a) and inserting in 
lieu thereof "$29'^ 
(2) by striking out "$77" in subsection (b) and inserting in 
lieu thereof "$80'^: and 
(3) by striking out "$39" in subsection (c) and inserting in 
lieu thereof "$41'\ 
SEC. 6. (a) Subsection (a) of section 3 of the Act entitled "An 
Act to amend title 38, United States Code, in order to provide special 
indemnity insurance for members of the Armed Forces serving in 
combat zones, and for other purposes", approved September 29, 1965 
(79 Stat. 886), is amended by striking out the remaming portion of 
such subsection beginning with "but only if" and inserting in lieu 
thereof the following: "but only if application is made for such 
death gratuity within one year after the date of enactment of this 
Act.". 
(b) Paragraph (1) of section 3(c) of such Act is amended to 
read as follows: 
"(1) The death gratuity authorized by this section shall be $5,000 
reduced by the aggregate amount of United States Government Life 
Insurance and National Service Life Insurance paid or payable on 
account of the death of such veteran." 
(c) Paragraph (2) of section 3(c) of such Act is repealed. 
(d) Paragraph (3) of section 3(c) of such Act is redesignated as 
paragraph (2). 
(e) Any waiver of future benefits executed by any person under 
section 3(a) of the Act of September 29, 1965 (79 Stat. 886), as in 
effect prior to the date of the enactment of this Act, shall be of no 
effect. 
(f) In any case in which the death gratuity paid to any person 
under section 3 of the Act of September 29, 1965, was reduced pur-
suant to clause (B) of subsection (c) (1) of such section, as in effect 
prior to the date of enactment of this Act, the Administrator of Vet-
erans' Affairs shall pay to such person an amount equal to the amount 
by which such death gratuity was reduced. 
(g) Notwithstanding the time limitation prescribed in section 3(a) 
of the Act of September 29, 1965, any application for death gratuity 
filed under such section shall be valid if filed within one year after 
the date of enactment of this Act. 
38 u s e 776 
note. 
1160 
PUBLIC LAW 89-731-NOV. 2, 1966 
[80 STAT. 
SEO. 7. (a) Except section 6 and as otherwise provided in subsection 
(b) of this section, this Act shall take effect on the first day of the 
second calendar month following the date of enactment of this Act. 
(b) Section 2 of this Act shaU take effect on January 1, 1967, but 
paragraph (G) of section 415(g)(1), title 38, United States Code, 
as added by such section 2, shall not apply to any parent receiving 
dependency and indenmity compensation on Decemoer 31, 1966, or 
subsequently determined entitled to that benefit for said day, until 
his contributions to the described plans or programs have been 
recouped. 
Approved November 2, 1966. 
Public Law 89-731 
November 2, 1966 
^^ 
A C T 
[H. R. 14741] 
ijy^ authorize an increase in the number of Marine Corps oflScers who may serve 
in the combined grades of brigadier general and major general. 
Be it enacted by the /Senate and House of Representatives 
of the 
Marine Corps 
United States of America in Congress assembled, That section 5443 (a), 
""yoTstau^'aor^ 
^
^
^
^
® 1^' United States Code, is amended by deleting in the table con-
tained therein all tabulated numbers under the heading "Brigadier 
general and major general" and substituting in place thereof the fol-
lowing numbers: 
"58 
62 
69 
72 
75 
79 
82 
84 
85 
87 
89." 
SEC. 2. Section 2 of the Act of August 8, 1961, Public Law 87-123 
(75 Stat. 263), is repealed so far as it applies to the readjustment of 
authorized numbers of brigadier generals and major generals in the 
Marine Corps. 
SEC. 3. Section 5902(c) of title 10, United States Code, is amended 
to read as follows: 
"(c) An officer of the Marine Corps Reserve whose name is on a 
promotion list established under this chapter is eligible for promotion 
to the grade for which selected when the officer who is to be his run-
ning mate in the higher grade becomes eligible for promotion under 
.. ^.^ .,.. 
chapter 545 of this title. When promoted, he shall be given the same 
5792^"" "'"' 
date of rank as that given to his running mate in the grade to which 
promoted." 
74Tt1" 974 
SEC. 4. Section 5902(d) is repealed. 
SEC. 5. Section 5902(e) is redesignated "5902(d)". 
Approved November 2, 1966. 
10 
note. 
72 
use 
Stat. 
5443 
1504. 
70A Stat. 345. 
10 u s e 5751-