S.Amdt. 4647

1. Adds SEC. 1082. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE TO SURVIVING SPOUSES at the end of subtitle G of title X

   Adds a section

   In S. 3454 · Placed on Calendar Senate

   (2) by redesignating paragraphs (1) through (8), as proposed to be inserted, as subparagraphs (A) through (H), respectively and indenting the left margin of such subparagraphs, as so redesignated, 4 ems from the left margin.

   Inserted: SEC. 1082. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE TO SURVIVING SPOUSES.

   Inserted: (a) Increase.--Section 1311 of title 38, United States Code, is amended--

   Inserted: (1) in subsection (a)(1), by striking "of $1,091" and inserting "equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(g) Notwithstanding any other provision of law (other than section 5304(b)(3) of this title), in the case of an individual who is eligible for dependency and indemnity compensation under this section who is also eligible for benefits under another provision of law by reason of such individual's status as the surviving spouse of a veteran, then, neither a reduction nor an offset in benefits under such provision shall be made by reason of such individual's eligibility for benefits under this section.".

   Inserted: (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 of title 38, United States Code, for months beginning after the date that is 180 days after the date of the enactment of this Act.

   Inserted: SEC. 1083. PHASE-IN OF PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION WITH RESPECT TO VETERANS WHO DIE OF NON-SERVICE CONNECTED DISABILITY AFTER ENTITLEMENT TO COMPENSATION FOR SERVICE-CONNECTED DISABILITY RATED AS TOTALLY DISABLING FOR AT LEAST FIVE YEARS.

   Inserted: Section 1318 of title 38, United States Code, is amended--

   Inserted: (1) in subsection (b)(1), by striking "10 years" and inserting "five years";

   Inserted: (2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

   Inserted: (3) by inserting after subsection (b) the following new subsection (c):

   Inserted: "(c) In the case of a deceased veteran described in subsection (b)(1), benefits under this chapter shall be payable under subsection (a) in amounts as follows:

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   Inserted: "(1) If the disability of the veteran described in subsection (b)(1) was continuously rated totally disabling for a period of at least five years, but less than six years, immediately preceding death, at the rate of 50 percent of the benefits otherwise so payable.

   Inserted: "(2) If the disability of the veteran so described was continuously rated totally disabling for a period of at least six years, but less than seven years, immediately preceding death, at the rate of 60 percent of the benefits otherwise so payable.

   Inserted: "(3) If the disability of the veteran so described was continuously rated totally disabling for a period of at least seven years, but less than eight years, immediately preceding death, at the rate of 70 percent of the benefits otherwise so payable.

   Inserted: "(4) If the disability of the veteran so described was continuously rated totally disabling for a period of at least eight years, but less than nine years, immediately preceding death, at the rate of 80 percent of the benefits otherwise so payable.

   Inserted: "(5) If the disability of the veteran so described was continuously rated totally disabling for a period of at least nine years, but less than 10 years, immediately preceding death, at the rate of 90 percent of the benefits otherwise so payable.

   Inserted: "(6) If the disability of the veteran so described was continuously rated totally disabling for a period of at least 10 years immediately preceding death, at the rate otherwise so payable.".

   Inserted: SEC. 1084. REDUCTION FROM AGE 57 TO AGE 55 OF AGE AFTER WHICH REMARRIAGE OF SURVIVING SPOUSE SHALL NOT TERMINATE DEPENDENCY AND INDEMNITY COMPENSATION.

   Inserted: (a) Reduction in Age.--Section 103(d)(2)(B) of title 38, United States Code, is amended--

   Inserted: (1) in the first sentence, by striking "age 57" and inserting "age 55"; and

   Inserted: (2) by striking the second sentence.

   Inserted: (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is the later of--

   Inserted: (1) the first day of the first month that begins after the date of the enactment of this Act; and

   Inserted: (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.

   Inserted: (c) Retroactive Benefits Prohibited.--No benefit may be paid to any person by reason of the amendment made by subsection (a) for any period before the effective date specified in subsection (b).

   Inserted: (d) Application for Benefits.--In the case of an individual who but for having remarried would be eligible for benefits under title 38, United States Code, by reason of the amendment made by subsection (a) and whose remarriage was before the date of the enactment of this Act and after the individual had attained age 55, the individual shall be eligible for such benefits by reason of such amendment only if the individual submits an application for such benefits to the Secretary of Veterans Affairs not later than the end of the one-year period beginning on the date of the enactment of this Act.

   Original wording

   At the end of subtitle G of title X, add the following:

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As printed