38 U.S.C. § 1122

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

Section 1122 - Rates of wartime death compensation

(a) The monthly rates of death compensation shall be as follows:

(1) Surviving spouse but no child, $87;

(2) Surviving spouse with one child, $121 (with $29 for each additional child);

(3) No surviving spouse but one child, $67;

(4) No surviving spouse but two children, $94 (equally divided);

(5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided);

(6) Dependent parent, $75;

(7) Both dependent parents, $40 each.

(b) The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

38 U.S.C. § 1122

Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, §322; Pub. L. 91-96, §7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, §3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, §9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93-295, title II, §204, May 31, 1974, 88 Stat. 183; Pub. L. 94-169, title II, §202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94-432, title IV, §401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94-433, title IV, §404(13)-(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204, title III, §301, Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122,Pub. L. 102-83, §5(a)1122,, 105 Stat. 406; Pub. L. 109-233, title V, §502(3), June 15, 2006, 120 Stat. 415.

EDITORIAL NOTES

AMENDMENTS2006-Subsec. (b)(2). Pub. L. 109-233 substituted "blind, or so nearly blind or significantly disabled as to" for "helpless or blind, or so nearly helpless or blind as to".1991- Pub. L. 102-83 renumbered section 322 of this title as this section. 1977-Subsec. (b). Pub. L. 95-204 substituted "$79" for "$74".1976-Subsec. (a). Pub. L. 94-433, §404(13)-(16), substituted "Surviving spouse" for "Widow" in pars. (1) and (2); "surviving spouse" for "widow" in pars. (3), (4), and (5); "parent" for "mother or father" in par. (6); and "Both dependent parents" for "Dependent mother and father" in par. (7).Subsec. (b). Pub. L. 94-433, §404(17), substituted "surviving spouse" for "widow". Pub. L. 94-432 substituted "$74" for "$69". 1975-Subsec. (b). Pub. L. 94-169 substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$69" for "$64".1974-Subsec. (b). Pub. L. 93-295 substituted "$64" for "$55".1971-Subsec. (b). Pub. L. 92-197 extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970-Subsec. (b). Pub. L. 91-588 substituted "$55" for "$50".1969- Pub. L. 91-96 designated existing provisions as subsec. (a) and added subsec. (b).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95-204, title III, §302, Dec. 2, 1977, 91 Stat. 1459, provided that: "The provisions of this Act [see Tables for classification] shall take effect January 1, 1978."

EFFECTIVE DATE OF 1976 AMENDMENTS Amendment 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. Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94-432 set out as a note under section 1521 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94-169, title II, §202, Dec. 23, 1975, 89 Stat. 1021, as amended by section 101 of Pub. L. 94-432 eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197 set out as a note under section 1311 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588 set out as a note under section 1521 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96 set out as a note under section 1302 of this title.