
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: 38USC1536]

 
                      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. 1536. Surviving spouses of Spanish-American War veterans

    (a) The Secretary shall pay to the surviving spouse of each Spanish-
American War veteran who met the service requirements of section 1512(a) 
of this title a pension at the monthly rate of $70, unless such 
surviving spouse was the spouse of the veteran during such veteran's 
service in the Spanish-American War, in which case the monthly rate 
shall be $75.
    (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 January 1, 1938; 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.

    (d)(1) Any surviving spouse eligible for pension under this section 
shall, if such surviving spouse so elects, be paid pension at the rates 
prescribed by section 1541 of this title, and under the conditions 
(other than the service requirements) applicable to pension paid under 
that section to surviving spouses of veterans of a period of war. If 
pension is paid pursuant to such an election, the election shall be 
irrevocable.
    (2) The Secretary shall pay each month to the surviving spouse of 
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 (A) that which is payable to such surviving 
spouse under subsections (a) and (b) of this section as increased by 
section 544 \1\ of this title, as in effect on December 31, 1978; or (B) 
that which is payable under section 1541 of this title, as in effect on 
December 31, 1978, as increased by such section 544,\1\ as in effect on 
such date, to a surviving spouse of a World War I veteran with the same 
annual income and corpus of estate. Each change in the amount of pension 
required by this paragraph 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.
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    \1\ See References in Text note below.
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(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 536; Pub. L. 90-77, 
title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 
92-328, title I, Sec. 107, June 30, 1972, 86 Stat. 395; Pub. L. 94-169, 
title I, Sec. 106(32)-(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L. 
95-588, title I, Sec. 108, Nov. 4, 1978, 92 Stat. 2502; renumbered 
Sec. 1536 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

                       References in Text

    Section 544 of this title, referred to in subsec. (d)(2), was 
repealed by Pub. L. 95-588, title I, Sec. 112(a)(1), Nov. 4, 1978, 92 
Stat. 2505, eff. Jan. 1, 1979.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 536 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1512(a)'' 
for ``512(a)''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1541'' for 
``541'' in pars. (1) and (2).
    Subsec. (d)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1978--Subsec. (d)(1). Pub. L. 95-588, Sec. 108(1), substituted ``a 
period of war'' for ``World War I'', and struck out ``, except as 
provided in paragraph (2)'' after ``irrevocable''.
    Subsec. (d)(2). Pub. L. 95-588, Sec. 108(2), inserted ``, as in 
effect on December 31, 1978'' after ``of this title'' in two places, and 
``as in effect on such date'' after ``such section 544''.
    1975--Pub. L. 94-169, Sec. 106(37), substituted ``Surviving 
spouses'' for ``Widows'' in section catchline.
    Subsec. (a). Pub. L. 94-169, Sec. 106(32), substituted ``pay to the 
surviving spouse'' for ``pay to the widow'', ``unless such surviving 
spouse'' for ``unless she'', ``the spouse'' for ``the wife'' and ``such 
veteran's'' for ``his''.
    Subsec. (b). Pub. L. 94-169, Sec. 106(33), substituted ``surviving 
spouse'' for ``widow''.
    Subsec. (c). Pub. L. 94-169, Sec. 106(33), substituted ``paid to a 
surviving spouse'' for ``paid to a widow'', ``unless such surviving 
spouse'' for ``unless she'' and ``such veteran'' for ``him''.
    Subsec. (d)(1). Pub. L. 94-169, Sec. 106(34), substituted ``Any 
surviving spouse'' for ``Any widow'', ``if such surviving spouse'' for 
``if she'' and ``surviving spouses'' for ``widows''.
    Subsec. (d)(2). Pub. L. 94-169, Sec. 106(35), (36), substituted 
``surviving spouse'' for ``widow'' wherever appearing, and ``such 
surviving spouse'' for ``her''.
    1972--Subsec. (d). Pub. L. 92-328 added subsec. (d).
    1967--Subsec. (a). 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 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 1972 Amendment

    Amendment by Pub. L. 92-328 effective first day of second calendar 
month which begins after June 30, 1972, see section 301(a) of Pub. L. 
92-328, set out as a note under section 1114 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.


 Increase in Aid and Attendance Rates for Veterans Eligible for Pension

    Maximum annual pension rates under subsec. (d)(2) of this section 
increased by $600, effective Oct. 1, 1998, see section 8206 of Pub. L. 
105-178, set out as a note under section 1521 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1537 of this title.
