
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1102]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1102. Special provisions relating to surviving spouses

    (a) No compensation shall be paid to the surviving spouse of a 
veteran under this chapter unless such surviving spouse was married to 
such veteran--
        (1) before the expiration of fifteen years after the termination 
    of the period of service in which the injury or disease causing the 
    death of the veteran was incurred or aggravated; or
        (2) for one year or more; or
        (3) for any period of time if a child was born of the marriage, 
    or was born to them before the marriage.

    (b) Subsection (a) shall not be applicable to any surviving spouse 
who, with respect to date of marriage, could have qualified as a 
surviving spouse for death compensation under any law administered by 
the Secretary in effect on December 31, 1957.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 302; Pub. L. 86-491, 
June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, Sec. 101(a), Aug. 
31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, Sec. 404(2)-(4), Sept. 
30, 1976, 90 Stat. 1378; renumbered Sec. 1102 and amended Pub. L. 102-
83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 302 of this 
title as this section.
    Subsec. (b). Pub. L. 102-83, Sec. 4(a)(1), substituted 
``administered by the Secretary'' for ``administered by the Veterans' 
Administration''.
    1976--Pub. L. 94-433, Sec. 404(4), substituted ``surviving spouses'' 
for ``widows'' in section catchline.
    Subsec. (a). Pub. L. 94-433, Sec. 404(2), substituted ``surviving 
spouse of a veteran under this chapter unless such surviving spouse was 
married to such veteran'' for ``widow of a veteran under this chapter 
unless she was married to him''.
    Subsec. (b). Pub. L. 94-433, Sec. 404(3), substituted ``surviving 
spouse'' for ``widow'' in two places.
    1967--Subsec. (a)(2), (3). Pub. L. 90-77 qualified widow of a 
veteran for receipt of compensation by reducing in par. (2) the 
requisite marriage period from five years to one year and by making her 
eligible for benefits in par. (3) in event of antenuptial birth.
    1960--Subsec. (a)(1). Pub. L. 86-491 substituted ``fifteen years'' 
for ``ten years''.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 
of Pub. L. 94-433, set out as a note under section 1101 of this title.


                    Effective Date of 1967 Amendment

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