
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: 38USC1542]

 
                      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
 
                          Other Periods of War
 
Sec. 1542. Children of veterans of a period of war

    The Secretary shall pay to each child (1) who is the child of a 
deceased veteran of a period of war who met the service requirements 
prescribed in section 1521(j) of this title, or who at the time of death 
was receiving (or entitled to receive) compensation or retirement pay 
for a service-connected disability, and (2) who is not in the custody of 
a surviving spouse eligible for pension under section 1541 of this 
title, pension at the annual rate of $600, as increased from time to 
time under section 5312 of this title and reduced by the amount of such 
child's annual income; or, if such child is residing with a person who 
is legally responsible for such child's support, at an annual rate equal 
to the amount by which the appropriate annual rate provided under 
section 1541(c) of this title exceeds the sum of the annual income of 
such child and such person, but in no event may such annual rate of 
pension exceed the amount by which $600, as increased from time to time 
under section 5312 of this title, exceeds the annual income of such 
child. The appropriate annual rate under such section 1541(c) for the 
purposes of the preceding sentence shall be determined in accordance 
with regulations which the Secretary shall prescribe.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 542; Pub. L. 86-211, 
Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88-664, Sec. 4, Oct. 13, 
1964, 78 Stat. 1095; Pub. L. 90-77, title I, Sec. 107, title II, 
Sec. 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub. L. 91-588, 
Secs. 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 92-198, 
Sec. 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L. 93-177, Sec. 3, Dec. 6, 
1973, 87 Stat. 695; Pub. L. 93-527, Sec. 4, Dec. 21, 1974, 88 Stat. 
1703; Pub. L. 94-169, title I, Secs. 101(2)(D), 104, Dec. 23, 1975, 89 
Stat. 1014, 1016; Pub. L. 94-432, title II, Sec. 204, Sept. 30, 1976, 90 
Stat. 1371; Pub. L. 95-204, title I, Sec. 103, Dec. 2, 1977, 91 Stat. 
1457; Pub. L. 95-588, title I, Sec. 110(a), Nov. 4, 1978, 92 Stat. 2504; 
Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; 
renumbered Sec. 1542 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 542 of this 
title as this section.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``1521(j)'' for 
``521(j)'', ``1541'' for ``541'', and ``1541(c)'' for ``541(c)'' in two 
places.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in two places.
    Pub. L. 102-40 substituted ``5312'' for ``3112'' in two places.
    1978--Pub. L. 95-588 amended section generally to speak in terms of 
children of veterans of any period of war rather than children of 
veterans of specifically named conflicts, restructured section to 
eliminate subsection designations, struck out provision formerly 
comprising subsec. (b) of this section which related to payment of 
pensions to recipient children in equal shares, and inserted reference 
to periodic pension increases pursuant to section 3112 of this title.
    1977--Subsec. (a). Pub. L. 95-204, Sec. 103(1), substituted ``$61'' 
and ``$26'' for ``$57'' and ``$24'', respectively.
    Subsec. (c). Pub. L. 95-204, Sec. 103(2), substituted ``$3,080'' for 
``$2,890''.
    1976--Subsec. (a). Pub. L. 94-432, Sec. 204(1), substituted ``$57'' 
and ``$24'' for ``$53'' and ``$22'', respectively.
    Subsec. (c). Pub. L. 94-432, Sec. 204(2), substituted ``$2,890'' for 
``$2,700''.
    1975--Subsec. (a). Pub. L. 94-169, Secs. 101(2)(D), 104(1), 
substituted ``surviving spouse'' for ``widow'', struck out ``his'' 
before ``death,'' and, effective for period beginning Jan. 1, 1976, and 
ending Sept. 30, 1976, substituted ``$53'' for ``$49'' and ``$22'' for 
``$20''.
    Subsec. (c). Pub. L. 94-169, Sec. 104, substituted, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``$2700'' for 
``$2400''.
    1974--Subsec. (a). Pub. L. 93-527, Sec. 4(1), substituted ``$49'' 
and ``$20'' for ``$44'' and ``$18'' respectively.
    Subsec. (c). Pub. L. 93-527, Sec. 4(2), substituted ``$2,400'' for 
``$2,000''.
    1973--Subsec. (a). Pub. L. 93-177 substituted ``$44'' for ``$42'' 
and ``$18'' for ``$17''.
    1971--Subsec. (a). Pub. L. 92-198 substituted ``$42'' and ``$17'' 
for ``$40'' and ``$16'' respectively.
    1970--Pub. L. 91-588, Sec. 9(e)(2), inserted reference to Mexican 
border period in section catchline.
    Subsec. (a). Pub. L. 91-588, Sec. 9(e)(1), inserted reference to 
Mexican border period.
    Subsec. (c). Pub. L. 91-588, Sec. 3(c), substituted ``$2,000'' for 
``$1,800''.
    1967--Pub. L. 90-77, Sec. 202(h), inserted reference to Vietnam era 
in section catchline.
    Subsec. (a). Pub. L. 90-77, Secs. 107, 202(g), substituted ``$40'' 
and ``$16'' for ``$38'' and ``$15'' and included reference to Vietnam 
era, respectively.
    1964--Subsec. (a). Pub. L. 88-664 increased monthly pension for one 
child from $35 to $38.
    1959--Pub. L. 86-211 included children of World War II and Korean 
conflict veterans in section catchline.
    Subsec. (a). Pub. L. 86-211 included children of World War II and 
Korean conflict veterans, and substituted provisions authorizing the 
payment of a monthly pension of $35 for one child with $15 for each 
additional child for provisions which authorized the payment of $27.30 
for one child, $40.95 for two children, $54.60 for three children and 
$7.56 for each additional child.
    Subsec. (c). Pub. L. 86-211 added subsec. (c).


                    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 1977 Amendment

    Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302 
of Pub. L. 95-204, set out as a note under section 1122 of this title.


                    Effective Date of 1976 Amendment

    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 101 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.
    Section 104 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. 93-527 effective Jan. 1, 1975, see section 10 
of Pub. L. 93-527, set out as a note under section 1521 of this title.


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8 of 
Pub. L. 93-177, set out as a note under section 1521 of this title.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of 
Pub. L. 92-198, set out as a note under section 1521 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 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 1964 Amendment

    Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 
of Pub. L. 88-664, set out as a note under section 1503 of this title.


                    Effective Date of 1959 Amendment

    Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10 
of Pub. L. 86-211, set out as a note under section 1521 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1506, 1508, 1541, 1543, 
5123, 5312 of this title; title 42 section 8624.
