Pub. L. 106-117, tit. V, subtit. A, sec. 502

REINSTATEMENT OF CERTAIN BENEFITS FOR REMARRIED SURVIVING SPOUSES OF VETERANS UPON TERMINATION OF THEIR REMARRIAGE.

EnactedYear: 1999Length: 351 wordsOfficial source
SEC. 502. REINSTATEMENT OF CERTAIN BENEFITS FOR REMARRIED SURVIVING SPOUSES OF VETERANS UPON TERMINATION OF THEIR REMARRIAGE. (a) Restoration of Prior Eligibility.—Section 103(d) is amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following: “(2) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion. “(3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that person’s spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits specified in paragraph (5). “(4) The first month of eligibility for benefits for a surviving spouse by reason of this subsection shall be the month after— “(A) the month of the termination of such remarriage, in the case of a surviving spouse described in paragraph (2); or “(B) the month of the cessation described in paragraph (3), in the case of a surviving spouse described in that paragraph. “(5) Paragraphs (2) and (3) apply with respect to benefits under the following provisions of this title: “(A) Section 1311, relating to dependency and indemnity compensation. “(B) Section 1713, relating to medical care for survivors and dependents of certain veterans. “(C) Chapter 35, relating to educational assistance. “(D) Chapter 37, relating to housing loans.”. (b) Conforming Amendment.—Section 1311 is amended by striking subsection (e). (c) Effective Date.—The amendments made by subsections (a) and (b) shall take effect on the first day of the first month beginning after the month in which this Act is enacted. (d) Limitation.—No payment may be made to a person by reason of paragraphs (2) and (3) of section 103(d) of title 38, United States Code, as added by subsection (a), for any period before the effective date specified in subsection (c). 113 STAT. 1575