
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: 38USC1122]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
               SUBCHAPTER III--WARTIME DEATH COMPENSATION
 
Sec. 1122. Rates of wartime death compensation

    (a) The monthly rates of death compensation shall be as follows:
        (1) Surviving spouse but no child, $87;
        (2) Surviving spouse with one child, $121 (with $29 for each 
    additional child);
        (3) No surviving spouse but one child, $67;
        (4) No surviving spouse but two children, $94 (equally divided);
        (5) No surviving spouse but three children, $122 (equally 
    divided) (with $23 for each additional child, total amount to be 
    equally divided);
        (6) Dependent parent, $75;
        (7) Both dependent parents, $40 each.

    (b) The monthly rate of death compensation payable to a surviving 
spouse or dependent parent under subsection (a) of this section shall be 
increased by $79 if the payee is (1) a patient in a nursing home or (2) 
helpless or blind, or so nearly helpless or blind as to need or require 
the regular aid and attendance of another person.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 322; Pub. L. 91-96, 
Sec. 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, Sec. 3(a), Dec. 24, 
1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 9, Dec. 15, 1971, 85 Stat. 
662; Pub. L. 93-295, title II, Sec. 204, May 31, 1974, 88 Stat. 183; 
Pub. L. 94-169, title II, Sec. 202, Dec. 23, 1975, 89 Stat. 1021; Pub. 
L. 94-432, title IV, Sec. 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 
94-433, title IV, Sec. 404(13)-(17), Sept. 30, 1976, 90 Stat. 1378, 
1379; Pub. L. 95-204, title III, Sec. 301, Dec. 2, 1977, 91 Stat. 1459; 
renumbered Sec. 1122, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
406.)


                               Amendments

    1991--Pub. L. 102-83 renumbered section 322 of this title as this 
section.
    1977--Subsec. (b). Pub. L. 95-204 substituted ``$79'' for ``$74''.
    1976--Subsec. (a). Pub. L. 94-433, Sec. 404(13)-(16), substituted 
``Surviving spouse'' for ``Widow'' in pars. (1) and (2); ``surviving 
spouse'' for ``widow'' in pars. (3), (4), and (5); ``parent'' for 
``mother or father'' in par. (6); and ``Both dependent parents'' for 
``Dependent mother and father'' in par. (7).
    Subsec. (b). Pub. L. 94-433, Sec. 404(17), substituted ``surviving 
spouse'' for ``widow''.
    Pub. L. 94-432 substituted ``$74'' for ``$69''.
    1975--Subsec. (b). Pub. L. 94-169 substituted, effective for period 
beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``$69'' for ``$64''.
    1974--Subsec. (b). Pub. L. 93-295 substituted ``$64'' for ``$55''.
    1971--Subsec. (b). Pub. L. 92-197 extended benefits to dependent 
parents under subsec. (a) of this section and increased the increase in 
benefits from $50 to $55.
    1970--Subsec. (b). Pub. L. 91-588 substituted ``$55'' for ``$50''.
    1969--Pub. L. 91-96 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1977 Amendment

    Section 302 of Pub. L. 95-204 provided that: ``The provisions of 
this Act [see Tables for classification] shall take effect January 1, 
1978.''


                    Effective Date of 1976 Amendments

    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.
    Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this 
title.


                    Effective Date of 1975 Amendment

    Section 202 of Pub. L. 94-169, as amended by section 101 of Pub. L. 
94-432, eff. Sept. 30, 1976, provided that the amendment made by that 
section is effective Jan. 1, 1976.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 
of Pub. L. 93-295, set out as a note under section 1114 of this title.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 
of Pub. L. 92-197, set out as a note under section 1311 of this title.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 
10(a) of Pub. L. 91-588, set out as a note under section 1521 of this 
title.


                    Effective Date of 1969 Amendment

    Amendment by Pub. L. 91-96 effective first day of second calendar 
month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, 
set out as a note under section 1302 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1121, 1142 of this title.
