Increases the monthly rates of veterans' dependency and indemnity compensation (DIC) payable to surviving spouses through the Department of Veterans Affairs (VA).
Provides a phase-in of DIC payments in the case of veterans who die of a non-service-connected disability after being eligible for at least five years for VA compensation for a service-connected disability rated as total.
Reduces from 57 to 55 the age after which the remarriage of a surviving spouse shall not terminate DIC payments.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1118
To amend title 38, United States Code, to provide for an increase in
the amount of monthly dependency and indemnity compensation payable to
surviving spouses by the Secretary of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2009
Mrs. Lincoln (for herself, Mr. Kohl, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for an increase in
the amount of monthly dependency and indemnity compensation payable to
surviving spouses by the Secretary of Veterans Affairs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION
PAYABLE TO SURVIVING SPOUSES.
(a) Increase.--Section 1311 of title 38, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``of $1,091'' and
inserting ``equal to 55 percent of the rate of monthly
compensation in effect under section 1114(j) of this title'';
and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of law (other than
section 5304(b)(3) of this title), in the case of an individual who is
eligible for dependency and indemnity compensation under this section
who is also eligible for benefits under another provision of law by
reason of such individual's status as the surviving spouse of a
veteran, then, neither a reduction nor an offset in benefits under such
provision shall be made by reason of such individual's eligibility for
benefits under this section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to compensation paid under chapter 13 of title 38,
United States Code, for months beginning after the date that is 180
days after the date of the enactment of this Act.
SEC. 2. PHASE-IN OF PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION
WITH RESPECT TO VETERANS WHO DIE OF NON-SERVICE CONNECTED
DISABILITY AFTER ENTITLEMENT TO COMPENSATION FOR SERVICE-
CONNECTED DISABILITY RATED AS TOTALLY DISABLING FOR AT
LEAST FIVE YEARS.
Section 1318 of title 38, United States Code, is amended--
(1) in subsection (b)(1), by striking ``10 years'' and
inserting ``five years'';
(2) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) In the case of a deceased veteran described in subsection
(b)(1), benefits under this chapter shall be payable under subsection
(a) in amounts as follows:
``(1) If the disability of the veteran described in
subsection (b)(1) was continuously rated totally disabling for
a period of at least five years, but less than six years,
immediately preceding death, at the rate of 50 percent of the
benefits otherwise so payable.
``(2) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
six years, but less than seven years, immediately preceding
death, at the rate of 60 percent of the benefits otherwise so
payable.
``(3) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
seven years, but less than eight years, immediately preceding
death, at the rate of 70 percent of the benefits otherwise so
payable.
``(4) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
eight years, but less than nine years, immediately preceding
death, at the rate of 80 percent of the benefits otherwise so
payable.
``(5) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
nine years, but less than 10 years, immediately preceding
death, at the rate of 90 percent of the benefits otherwise so
payable.
``(6) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
10 years immediately preceding death, at the rate otherwise so
payable.''.
SEC. 3. REDUCTION FROM AGE 57 TO AGE 55 OF AGE AFTER WHICH REMARRIAGE
OF SURVIVING SPOUSE SHALL NOT TERMINATE DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Reduction in Age.--Section 103(d)(2)(B) of title 38, United
States Code, is amended--
(1) in the first sentence, by striking ``age 57'' and
inserting ``age 55''; and
(2) by striking the second sentence.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; and
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
(c) Retroactive Benefits Prohibited.--No benefit may be paid to any
person by reason of the amendment made by subsection (a) for any period
before the effective date specified in subsection (b).
(d) Application for Benefits.--In the case of an individual who but
for having remarried would be eligible for benefits under title 38,
United States Code, by reason of the amendment made by subsection (a)
and whose remarriage was before the date of the enactment of this Act
and after the individual had attained age 55, the individual shall be
eligible for such benefits by reason of such amendment only if the
individual submits an application for such benefits to the Secretary of
Veterans Affairs not later than the end of the one-year period
beginning on the date of the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 111-264.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line