10 U.S.C. § 8270

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 8270 - Pension to persons serving ten years

(a) Every disabled person who has served in the Navy or Marine Corps as an enlisted member or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid.

(b) Upon receipt of an application under subsection (a), the Secretary of the Navy may convene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy approves the recommendation, he shall so certify to the Secretary of Veterans Affairs, who shall pay a pension in such amount monthly to the applicant.

(c) No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant's disability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensation payable for total disability to a veteran of any war, or of peacetime service, as the case may be. In the case of any initial award of naval pension granted before July 14, 1943, where the person granted the naval pension is also entitled to pension or compensation under laws administered by the Secretary of Veterans Affairs, such naval pension shall not exceed one-fourth of such pension or compensation.

10 U.S.C. § 8270

Added Pub. L. 85-56, title XXII, §2201(31)(C), June 17, 1957, 71 Stat. 161, §6160; amended Pub. L. 85-857, §13(v)(4), Sept. 2, 1958, 72 Stat. 1268; Pub. L. 99-145, title XIII, §1301(c)(1), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101-189, div. A, title XVI, §1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 101-510, div. A, title XIV, §1484(j)(4), Nov. 5, 1990, 104 Stat. 1719; renumbered §8270, Pub. L. 115-232, div. A, title VIII, §807(b)(10), Aug. 13, 2018, 132 Stat. 1835.

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232 renumbered section 6160 of this title as this section. 1990-Subsec. (c). Pub. L. 101-510 substituted "Secretary of Veterans Affairs" for "Veterans' Administration". 1989-Subsec. (b). Pub. L. 101-189 substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs". 1985-Subsec. (a). Pub. L. 99-145 substituted "enlisted member" for "enlisted man".1958-Pub. L. 85-857 limited naval pensions granted before July 14, 1943 to not more than one-fourth of any pension or compensation which the person is entitled to receive under laws administered by the Veterans' Administration.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85-857, §13(v)(4), Sept. 2, 1958, 72 Stat. 1268, provided that the amendment made by that section is effective as of Jan. 1, 1958.

EFFECTIVE DATESection effective Jan. 1, 1958, see section 2301 of Pub. L. 85-56.

enlisted member

The term "enlisted member" means a person in an enlisted grade.

officer

The term "officer" means a commissioned or warrant officer.

pay

The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.