H.R. 4274 (110th): Gold Star Parents Annuity Act of 2007

110th Congress, 2007–2009. Text as of Dec 04, 2007 (Introduced).

Status & Summary | PDF | Source: GPO

I

110th CONGRESS

1st Session

H. R. 4274

IN THE HOUSE OF REPRESENTATIVES

December 4, 2007

introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide for the payment of a monthly stipend to the surviving parents (known as Gold Star parents) of members of the Armed Forces who die during a period of war.

1.

Short title

This Act may be cited as the Gold Star Parents Annuity Act of 2007.

2.

Special pension for Gold Star parents

(a)

Special Pension

(1)

In general

Chapter 15 of title 38, United States Code, is amended by adding at the end the following new subchapter:

V

Special pension for Gold Star parents

1571.

Gold Star parents

(a)

Monthly payment

The Secretary shall pay monthly to each person who has received a gold star lapel button under section 1126 of title 10 as a parent of a person who died in a manner described in subsection (a) of that section a special pension in an amount determined under subsection (b).

(b)

Amount

The amount of special pension payable under this section with respect to the death of any person shall be $125 per month. In any case in which there is more than one parent eligible for special pension under this section with respect to the death of a person, the Secretary shall divide the payment equally among those eligible parents.

(c)

Relationship to other laws

The receipt of special pension under this section shall not deprive any person of any other pension or other benefit, right, or privilege to which such person is or may hereafter be entitled under any existing or subsequent law. Special pension under this section shall be paid in addition to all other payments under laws of the United States.

(d)

Treatment of special pension

Special pension under this section shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatsoever.

(e)

Definition of parent

For purposes of this section, the term parent has the meaning provided in section 1126(d)(2) of title 10.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 15 of such title is amended by adding at the end the following:

SUBCHAPTER V—SPECIAL PENSION FOR GOLD STAR PARENTS

1571. Gold Star parents.

.

(b)

Effective date

(1)

In general

Section 1571 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2007, and apply with respect to deaths occurring on or after that date.

(2)

Retroactive payments

Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to any person who is entitled to a pension under that section by reason of the death of an individual during the period beginning October 1, 2007, and ending on the date of the enactment of this Act, an amount equal to the total amount of pension to which that person is entitled under that section for that period.