One Hundred Tenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
S. 2617
AN ACT
To amend title 38, United States Code, to codify increases in the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans that were effective as of December 1, 2007, to provide for an increase in the rates of such compensation effective December 1, 2008, and for other purposes.
Short title
This Act may be cited as the
Veterans' Compensation Cost-of-Living
Adjustment Act of 2008
.
Increase in rates of disability compensation and dependency and indemnity compensation
Rate adjustment
Effective on December 1, 2008, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2008, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b).
Amounts To be increased
The dollar amounts to be increased pursuant to subsection (a) are the following:
Wartime disability compensation
Each of the dollar amounts under section 1114 of title 38, United States Code.
Additional compensation for dependents
Each of the dollar amounts under section 1115(1) of such title.
Clothing allowance
The dollar amount under section 1162 of such title.
Dependency and indemnity compensation to surviving spouse
Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title.
Dependency and indemnity compensation to children
Each of the dollar amounts under sections 1313(a) and 1314 of such title.
Determination of increase
Percentage
Except as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2008, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
Rounding
Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount.
Special rule
The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code.
Publication of adjusted rates
The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b), as increased under that subsection, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2009.
Codification of 2007 cost-of-living adjustment in rates of disability compensation and dependency and indemnity compensation
Veterans’ disability compensation
Section 1114 of title 38, United States Code, is amended—
in subsection (a), by striking
$115
and inserting $117
;
in subsection (b), by striking
$225
and inserting $230
;
in subsection (c), by striking
$348
and inserting $356
;
in subsection (d), by striking
$501
and inserting $512
;
in subsection (e), by striking
$712
and inserting $728
;
in subsection (f), by striking
$901
and inserting $921
;
in subsection (g), by striking
$1,135
and inserting $1,161
;
in subsection (h), by striking
$1,319
and inserting $1,349
;
in subsection (i), by striking
$1,483
and inserting $1,517
;
in subsection (j), by striking
$2,471
and inserting $2,527
;
in subsection (k)—
by striking $89
both places
it appears and inserting $91
; and
by striking $3,075
and
$4,313
and inserting $3,145
and
$4,412
, respectively;
in subsection (l), by striking
$3,075
and inserting $3,145
;
in subsection (m), by striking
$3,392
and inserting $3,470
;
in subsection (n), by striking
$3,860
and inserting $3,948
;
in subsections (o) and (p), by striking
$4,313
each place it appears and inserting
$4,412
;
in subsection (r), by striking
$1,851
and $2,757
and inserting
$1,893
and $2,820
, respectively; and
in subsection (s), by striking
$2,766
and inserting $2,829
.
Additional compensation for dependents
Section 1115(1) of such title is amended—
in subparagraph (A), by striking
$139
and inserting $142
;
in subparagraph (B), by striking
$240
and $70
and inserting $245
and $71
, respectively;
in subparagraph (C), by striking
$94
and $70
and inserting $96
and
$71
, respectively;
in subparagraph (D), by striking
$112
and inserting $114
;
in subparagraph (E), by striking
$265
and inserting $271
; and
in subparagraph (F), by striking
$222
and inserting $227
.
Clothing allowance for certain disabled veterans
Section 1162 of such
title is amended by striking $662
and inserting
$677
.
Dependency and indemnity compensation for surviving spouses
New law dic
Section 1311(a) of such title is amended—
in paragraph (1), by striking
$1,067
and inserting $1,091
; and
in paragraph (2), by striking
$228
and inserting $233
.
Old law dic
The table in paragraph (3) of such section is amended to read as follows:
| Pay grade | Monthly rate | Pay grade | Monthly rate |
| 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,342. | |||
| 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,499. | |||
| E–1 | $1,091 | W–4 | $1,305 |
| E–2 | $1,091 | O–1 | $1,153 |
| E–3 | $1,091 | O–2 | $1,191 |
| E–4 | $1,091 | O–3 | $1,274 |
| E–5 | $1,091 | O–4 | $1,349 |
| E–6 | $1,091 | O–5 | $1,485 |
| E–7 | $1,129 | O–6 | $1,674 |
| E–8 | $1,191 | O–7 | $1,808 |
| E–9 | $1,2421 | O–8 | $1,985 |
| W–1 | $1,153 | O–9 | $2,123 |
| W–2 | $1,198 | O–10 | $2,3282 |
| W–3 | $1,234 | ||
Additional dic for children or disability
Section 1311 of such title is amended—
in subsection (b), by striking
$265
and inserting $271
;
in subsection (c), by striking
$265
and inserting $271
; and
in subsection (d), by striking
$126
and inserting $128
.
Dependency and indemnity compensation for children
Dic when no surviving spouse
Section 1313(a) of such title is amended—
in paragraph (1), by striking
$452
and inserting $462
;
in paragraph (2), by striking
$649
and inserting $663
;
in paragraph (3), by striking
$846
and inserting $865
; and
in paragraph (4), by striking
$846
and $162
and inserting $865
and $165
, respectively.
Supplemental dic for certain children
Section 1314 of such title is amended—
in subsection (a), by striking
$265
and inserting $271
;
in subsection (b), by striking
$452
and inserting $462
; and
in subsection (c), by striking
$225
and inserting $230
.
Effective date
The amendments made by this section shall take effect on December 1, 2007.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate