2014 US Code
Title 38 - Veterans' Benefits (Sections 101 - 8528)
Part II - General Benefits (Sections 1101 - 2414)
Chapter 11 - Compensation for Service-Connected Disability or Death (Sections 1101 - 1163)
Subchapter I - General (Sections 1101 - 1104)
Sec. 1102 - Special provisions relating to surviving spouses
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 38 - VETERANS' BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH SUBCHAPTER I - GENERAL Sec. 1102 - Special provisions relating to surviving spouses |
Contains | section 1102 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, §302; Pub. L. 86-491, June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, §404(2)-(4), Sept. 30, 1976, 90 Stat. 1378; renumbered §1102 and amended Pub. L. 102-83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406. |
Statutes at Large References | 72 Stat. 1119 74 Stat. 161 81 Stat. 178 90 Stat. 1378 105 Stat. 403 |
Public and Private Laws | Public Law 85-857, Public Law 86-491, Public Law 90-77, Public Law 94-433, Public Law 102-83 |
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(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, §302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, §404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered §1102 and amended Pub. L. 102–83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
AMENDMENTS1991—Pub. L. 102–83, §5(a), renumbered section 302 of this title as this section.
Subsec. (b). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
1976—Pub. L. 94–433, §404(4), substituted "surviving spouses" for "widows" in section catchline.
Subsec. (a). Pub. L. 94–433, §404(2), substituted "surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran" for "widow of a veteran under this chapter unless she was married to him".
Subsec. (b). Pub. L. 94–433, §404(3), substituted "surviving spouse" for "widow" in two places.
1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.
1960—Subsec. (a)(1). Pub. L. 86–491 substituted "fifteen years" for "ten years".
EFFECTIVE DATE OF 1976 AMENDMENTAmendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1967 AMENDMENTAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
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