38 USC § 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.

Source

(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),Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 502(3),June 15, 2006, 120 Stat. 415.)

Amendments

2006—Subsec. (b)(2). Pub. L. 109–233substituted “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. 102–83renumbered section 322 of this title as this section.

1977—Subsec. (b). Pub. L. 95–204substituted “$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. 94–432substituted “$74” for “$69”.

1975—Subsec. (b). Pub. L. 94–169substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “$69” for “$64”.

1974—Subsec. (b). Pub. L. 93–295substituted “$64” for “$55”.

1971—Subsec. (b). Pub. L. 92–197extended 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. 91–588substituted “$55” for “$50”.

1969—Pub. L. 91–96designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 1977 Amendment

Section 302 ofPub. L. 95–204provided 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. 94–433effective Oct. 1, 1976, see section 406 ofPub. L. 94–433, set out as a note under section 1101 of this title.

Amendment by Pub. L. 94–432effective Jan. 1, 1977, see section 405(b) ofPub. L. 94–432, set out as a note under section 1521 of this title.

Effective Date of 1975 Amendment

Section 202 ofPub. L. 94–169, as amended by section 101 ofPub. 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. 93–295effective May 1, 1974, see section 401 ofPub. L. 93–295, set out as a note under section 1114 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197effective Jan. 1, 1972, see section 10 ofPub. L. 92–197, set out as a note under section 1311 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–588effective Jan. 1, 1971, see section 10(a) ofPub. L. 91–588, set out as a note under section 1521 of this title.

Effective Date of 1969 Amendment

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