
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1534]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
       SUBCHAPTER III--PENSIONS TO SURVIVING SPOUSES AND CHILDREN
 
                         Wars Before World War I
 
Sec. 1534. Surviving spouses of Indian War veterans

    (a) The Secretary shall pay to the surviving spouse of each Indian 
War veteran who met the service requirements of section 1511 of this 
title a pension at the following monthly rate:
        (1) $40.64 if such surviving spouse is below seventy years of 
    age; or
        (2) $70 if such surviving spouse is seventy years of age or 
    older.

    (b) If there is a child of the veteran, the rate of pension paid to 
the surviving spouse under subsection (a) shall be increased by $8.13 
per month for each such child.
    (c) No pension shall be paid to a surviving spouse of a veteran 
under this section unless such surviving spouse was married to such 
veteran--
        (1) before March 4, 1917; 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.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 534; Pub. L. 90-77, 
title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 
94-169, title I, Sec. 106(26)-(29), Dec. 23, 1975, 89 Stat. 1018; Pub. 
L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered 
Sec. 1534 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 534 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1511'' for 
``511'' in introductory provisions.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in introductory provisions.
    Pub. L. 102-54 substituted a period for semicolon at end of par. (2) 
and struck out at end ``; unless such surviving spouse was the spouse of 
the veteran during such veteran's service in one of the Indian Wars, in 
which case the monthly rate shall be $75.''
    1975--Pub. L. 94-169, Sec. 106(29), substituted ``Surviving 
spouses'' for ``Widows'' in section catchline.
    Subsec. (a). Pub. L. 94-169, Sec. 106(26), substituted ``pay to a 
surviving spouse'' for ``paid to a widow'', ``unless such surviving 
spouse'' for ``she'' wherever appearing, ``was the spouse'' for ``was 
the wife'' and ``such veteran's'' for ``his''.
    Subsec. (b). Pub. L. 94-169, Sec. 106(27), substituted ``surviving 
spouse'' for ``widow''.
    Subsec. (c). Pub. L. 94-169, Sec. 106(28), substituted ``paid to a 
surviving spouse'' for ``paid to a widow'', ``unless such surviving 
spouse'' for ``unless she'' and ``such veteran'' for ``him''.
    1967--Subsec. (a)(2). Pub. L. 90-77, Sec. 105, substituted ``$70'' 
for ``$65''.
    Subsec. (c). Pub. L. 90-77, Sec. 101(a), qualified widow of a 
veteran for a pension 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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1535 of this title.
