
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: 38USC1512]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
                    SUBCHAPTER II--VETERANS' PENSIONS
 
                             Service Pension
 
Sec. 1512. Spanish-American War veterans

    (a)(1) The Secretary shall pay to each veteran of the Spanish-
American War who meets the service requirements of this subsection a 
pension at the following monthly rate:
        (A) $101.59; or
        (B) $135.45 if the veteran is in need of regular aid and 
    attendance.

    (2) A veteran meets the service requirements of this subsection if 
such veteran served in the active military or naval service--
        (A) for ninety days or more during the Spanish-American War;
        (B) during the Spanish-American War and was discharged or 
    released from such service for a service-connected disability; or
        (C) for a period of ninety consecutive days or more and such 
    period began or ended during the Spanish-American War.

    (3)(A) Any veteran eligible for pension under this subsection shall, 
if such veteran so elects, be paid pension at the rates prescribed by 
section 1521 of this title (except the rate provided under subsection 
(g) of such section), and under the conditions (other than the service 
requirements) applicable to pension paid under that section to veterans 
of a period of war. If pension is paid pursuant to such an election, the 
election shall be irrevocable.
    (B) The Secretary shall pay each month to each Spanish-American War 
veteran who is receiving, or entitled to receive, pension based on a 
need of regular aid and attendance, whichever amount is greater (i) that 
provided by subparagraph (B) of subsection (a)(1) of this section, or 
(ii) that which is payable to the veteran under section 1521 of this 
title as in effect on December 31, 1978, under regulations which the 
Secretary shall prescribe. Each change in the amount of pension payment 
required by this subparagraph shall be effective as of the first day of 
the month during which the facts of the particular case warrant such 
change, and shall be made without specific application therefor.
    (b)(1) The Secretary shall pay to each veteran of the Spanish-
American War who does not meet the service requirements of subsection 
(a), but who meets the service requirements of this subsection, a 
pension at the following monthly rate:
        (A) $67.73; or
        (B) $88.04 if the veteran is in need of regular aid and 
    attendance.

    (2) A veteran meets the service requirements of this subsection if 
such veteran served in the active military or naval service--
        (A) for seventy days or more during the Spanish-American War; or
        (B) for a period of seventy consecutive days or more and such 
    period began or ended during the Spanish-American War.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 512; Pub. L. 86-670, 
Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I, 
Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, 
Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, 
Sec. 105, Nov. 4, 1978, 92 Stat. 2500; renumbered Sec. 1512 and amended 
Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 404-406.)


                            Prior Provisions

    Prior sections 1512 to 1520 were renumbered sections 3112 to 3120 of 
this title, respectively.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 512 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    Subsec. (a)(3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1521'' for ``521''.
    Subsec. (a)(3)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1521'' for ``521''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in two places.
    Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    1978--Subsec. (a)(3)(A). Pub. L. 95-588, Sec. 105(1), inserted 
``(except the rate provided under subsection (g) of such section)'' 
after ``of this title'', substituted ``a period of war'' for ``World War 
I'', and struck out exception to pension elections formerly provided 
pursuant to subpar. (B).
    Subsec. (a)(3)(B). Pub. L. 95-588, Sec. 105(2), substituted ``as in 
effect on December 31, 1978, under regulations which the Administrator 
shall prescribe'' for ``if such veteran has elected, or would be payable 
if such veteran were to elect, to receive pension under such section 
pursuant to subparagraph (A) of this paragraph''.
    1975--Subsec. (a). Pub. L. 94-169 substituted ``such veteran'' for 
``he'' wherever appearing.
    Subsec. (b). Pub. L. 94-169 substituted ``such veteran'' for ``he''.
    1967--Subsec. (a)(3). Pub. L. 90-77 designated existing provisions 
as subpar. (A), inserted ``except as provided in subparagraph (B)'', and 
added subpar. (B).
    1960--Subsec. (a)(3). Pub. L. 86-670 added cl. (3).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 
of Pub. L. 95-588, set out as a note under section 101 of this title.


                    Effective Date of 1975 Amendment

    Section 106 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                    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.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-670 effective first day of second calendar 
month which begins after July 14, 1960, see section 3 of Pub. L. 86-670, 
set out as a note under section 1511 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1536, 1537 of this title.
