H.R. 1986 (103rd): To amend title 38, United States Code, to provide that the effective date for discontinuance of compensation ...

...and pension paid by the Secretary of Veterans Affairs shall be the date on which the recipient dies, rather than the last day o

103rd Congress, 1993–1994. Text as of May 05, 1993 (Introduced).

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HR 1986 IH

103d CONGRESS

1st Session

H. R. 1986

To amend title 38, United States Code, to provide that the effective date for discontinuance of compensation and pension paid by the Secretary of Veterans Affairs shall be the date on which the recipient dies, rather than the last day of the preceding month, in the case of a veteran with a surviving spouse, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 5, 1993

Mr. LEWIS of Florida (for himself, Mr. BILIRAKIS, Mr. JOHNSON of Florida, Ms. ROS-LEHTINEN, Mr. BACCHUS of Florida, Mrs. THURMAN, Mr. HASTING, and Mr. MILLER of Florida) introduced the following bill; which was referred to the Committee on Veterans’ Affairs


A BILL

To amend title 38, United States Code, to provide that the effective date for discontinuance of compensation and pension paid by the Secretary of Veterans Affairs shall be the date on which the recipient dies, rather than the last day of the preceding month, in the case of a veteran with a surviving spouse, 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. EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN VETERANS’ BENEFITS BY REASON OF DEATH OF RECIPIENT.

    (a) IN GENERAL- Section 5112(b)(1) of title 38, United States Code, is amended to read as follows:

      ‘(1) by reason of--

        ‘(A) the marriage or remarriage of the payee, shall be the last day of the month before the month during which such marriage or remarriage occurs; and

        ‘(B) the death of the payee, shall be (i) the last day of the month before the month during which the death occurs, or (ii) in the case of a payee who was in receipt of compensation or pension and who has a surviving spouse, the date on which the death occurs;’.

    (b) PAYMENT OF BENEFIT FOR FINAL MONTH- Section 5112 of such title is further amended by adding at the end the following new subsection:

    ‘(d) In the case of discontinuance of payment of compensation or pension covered by subsection (b)(1)(B)(ii), the payment for the final calendar month (or any portion thereof) for which such benefit is payable shall (notwithstanding any other provision of law) be payable to the surviving spouse.’.

    (c) COMMENCEMENT DATE FOR DIC- Section 5110(d) of such title is amended by adding at the end the following new paragraph:

    ‘(3) Notwithstanding paragraph (1), the effective date of an award of dependency and indemnity compensation for which application is received within one year from the date of death shall, in the case of a surviving spouse to whom an amount is payable pursuant to section 5111(d) of this title, be the day following the date on which the death occurred.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall apply with respect to the death of compensation and pension recipients occurring after the later of (1) September 30, 1993, or (2) the date of the enactment of this Act.