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S. 1990 (115th): Dependency and Indemnity Compensation Improvement Act of 2017


The text of the bill below is as of Oct 19, 2017 (Introduced). The bill was not enacted into law.


II

115th CONGRESS

1st Session

S. 1990

IN THE SENATE OF THE UNITED STATES

October 19, 2017

(for himself, Mr. Blumenthal, and Ms. Hirono) 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 increase amounts payable by the Department of Veterans Affairs for dependency and indemnity compensation, to modify the requirements for dependency and indemnity compensation for survivors of certain veterans rated totally disabled at the time of death, and for other purposes.

1.

Short title

This Act may be cited as the Dependency and Indemnity Compensation Improvement Act of 2017.

2.

Increase in amount of dependency and indemnity compensation payable to surviving spouses by the Secretary of Veterans Affairs

(a)

Increase

Section 1311(a) of title 38, United States Code, is amended—

(1)

in paragraph (1), by striking of $1,154 and inserting equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title; and

(2)

by striking paragraph (3).

(b)

Effective date

(1)

In general

Except as provided by paragraph (2), 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 six months after the date of the enactment of this Act.

(2)

Special rule for certain individuals

(A)

In general

For months beginning after the date that is six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to an individual described in subparagraph (B) dependency and indemnity compensation under section 1311 of title 38, United States Code, in the monthly amount that is the greater of the following:

(i)

The amount determined under subsection (a)(3) of such section 1311, as in effect on the day before the date of the enactment of this Act.

(ii)

The amount determined under subsection (a)(1) of such section 1311, as amended by subsection (a).

(B)

Individuals described

An individual described in this subparagraph is an individual eligible for dependency and indemnity compensation under section 1311 of title 38, United States Code, that is predicated on the death of a veteran before January 1, 1993.

3.

Modification of requirements for dependency and indemnity compensation payable by Department of Veterans Affairs for survivors of certain veterans rated totally disabled at time of death

(a)

In general

Section 1318 of title 38, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking The Secretary and inserting (1) Except as provided in paragraph (2), the Secretary; and

(B)

by adding at the end the following new paragraph:

(2)

In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason of subsection (b)(1) and the period of continuous rating immediately preceding death is less than 10 years, the amount payable under paragraph (1) of this subsection shall be an amount which bears the same relationship to the amount otherwise payable under such paragraph as the duration of such period bears to 10 years.

; and

(2)

in subsection (b)(1), by striking 10 or more years and inserting five or more years.

(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 six months after the date of the enactment of this Act.

4.

Eligibility for dependency and indemnity compensation payable by Department of Veterans Affairs for surviving spouses who remarry after age 55

Section 103(d)(2)(B) of title 38, United States Code, is amended in the second sentence by inserting chapter 13 or after benefits under.