38 USC § 1512 - Spanish-American War veterans

(a)

(1) The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pension at the following monthly rate:

(A) $101.59; or

(B) $135.45 if the veteran is in need of regular aid and attendance.

(2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—

(A) for ninety days or more during the Spanish-American War;

(B) during the Spanish-American War and was discharged or released from such service for a service-connected disability; or

(C) for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War.

(3)

(A) Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.

(B) The Secretary shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater

(i) that provided by subparagraph (B) of subsection (a)(1) of this section, or

(ii) that which is payable to the veteran under section 1521 of this title as in effect on December 31, 1978, under regulations which the Secretary shall prescribe. Each change in the amount of pension payment required by this subparagraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

(b)

(1) The Secretary shall pay to each veteran of the Spanish-American War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate:

(A) $67.73; or

(B) $88.04 if the veteran is in need of regular aid and attendance.

(2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—

(A) for seventy days or more during the Spanish-American War; or

(B) for a period of seventy consecutive days or more and such period began or ended during the Spanish-American War.

Source

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 512; Pub. L. 86–670, § 2,July 14, 1960, 74 Stat. 545; Pub. L. 90–77, title I, § 111(b),Aug. 31, 1967, 81 Stat. 181; Pub. L. 94–169, title I, § 106(17),Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95–588, title I, § 105,Nov. 4, 1978, 92 Stat. 2500; renumbered § 1512 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 404–406.)

Prior Provisions

A prior section 1512 was renumbered section 3112 of this title.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 512 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.

Subsec. (a)(3)(A). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”.

Subsec. (a)(3)(B). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Subsec. (b)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.

1978—Subsec. (a)(3)(A). Pub. L. 95–588, § 105(1), inserted “(except the rate provided under subsection (g) of such section)” after “of this title”, substituted “a period of war” for “World War I”, and struck out exception to pension elections formerly provided pursuant to subpar. (B).

Subsec. (a)(3)(B). Pub. L. 95–588, § 105(2), substituted “as in effect on December 31, 1978, under regulations which the Administrator shall prescribe” for “if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph”.

1975—Subsec. (a). Pub. L. 94–169substituted “such veteran” for “he” wherever appearing.

Subsec. (b). Pub. L. 94–169substituted “such veteran” for “he”.

1967—Subsec. (a)(3). Pub. L. 90–77designated existing provisions as subpar. (A), inserted “except as provided in subparagraph (B)”, and added subpar. (B).

1960—Subsec. (a)(3). Pub. L. 86–670added cl. (3).

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588effective Jan. 1, 1979, see section 401 ofPub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1975 Amendment

Section 106 ofPub. L. 94–169provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 ofPub. L. 90–77, set out as a note under section 101 of this title.

Effective Date of 1960 Amendment

Amendment by Pub. L. 86–670effective first day of second calendar month which begins after July 14, 1960, see section 3 ofPub. L. 86–670, set out as a note under section 1511 of this title.