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Effective Jan. 1, 1965. Excludes from consideration as income, 10 percent of retirement benefits under a retirement plan or program; profit realized from the disposition of real or personal property; payments received for discharge of jury duty or obligatory civic duties; VA payments of educational assistance allowance or special training allowance; and payments of bonus or simllar cash gratuity by any State based on service in the Armed Forces. Excepting those relating to retirement income, the provisions of act of Aug. 29, 1959 (73 Stat. 432) continue in effect. Retirement income provision also applies to those receiving under law in effect June 30, 1960.

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Act of Oct. 13, 1984 (78 Stat. 1095)-9 years....

The act of Aug. 14, 1968 (72 Stat. 611), amended the Veterans' Benefits Act of 1957 to define the term "widow" to include the widower of any female veteran if he is incapable of
self-maintenance and was permanently incapable of self support due to physical or mental disability at the time of the veteran's death. The act of Sept. 2, 1958 (72 Stat. 1105), re-
pealed and enacted this provision into positive law as 38 U.S.C. 102(b), effective Jan. 1, 1959.

Bec. 18 of the act of Mar. 20, 1933 (18 Stat. 12), reduced, by 10 percent, the amount of pension payable to the dependents of veterans of wars prior to the Spanish-American War,
during the period July 1, 1983, to June 30, 1934. Pursuant to sec. 21(c) of the act of Mar. 28, 1934 (48 Stat. 521), the rates were reduced by 5 percent, effective July 1, 1934. This re-
duction was discontinued, effective Apr. 1, 1935, by the provisions of sec. 2 of the act of Feb. 13, 1935 (49 Stat. 24).

The dependents of veterans of the Spanish-American War, who were entitled to pension under both the service pension laws and par. III, pt. III, Veterans Regulation No.
1(a), as amended (prior to the repeal of par. III by the act of Aug. 4, 1951), were paid the greater benefit, unless the claimant otherwise elected.

Originally, veteran must have had service-connected disability at time of death, to permit payment of compensation for non-serivce-connected death. Act of June 28, 1934,
required service-connected disability, 30 percent or more, directly incurred or aggravated by service. Act of June 29, 1936, required service-connected disability, 30 percent or more,
presumptively or directly incurred or aggravated by service. Act of Aug. 16, 1937, required service-connected disability, 20 percent or more, presumptively or directly incurred or
aggravated by service. Act of May 18, 1938, required service-connected disability, 10 percent or more, presumptively or directly incurred or aggravated by service. Act of July 19,
1939 (53 Stat. 1067), required service-connected disability, directly or presumptively incurred or aggravated by service for which compensation would be payable if 10 percent or more
in degree. All of the foregoing acts required service of 90 days or more and an honorable discharge, or if less than 90 days' service, discharge for disability incurred in service in line of
duty. Act of July 19, 1939 (53 Stat. 1067), grants death pension in cases where service connection for paralysis, paresis, blindness, or helplessness is or would have been reestablished
under other provisions of the act. Act of June 22, 1944, substitutes requirement of discharge under conditions other than dishonorable for requirement of honorable discharge. Act
of Dec 14, 1944, removes requirement as to service-connected disability where there was service of 90 days, or less than 90 days if discharged for disability.
To permit the payment of pension for non-service-connected death, act of Dec. 14, 1944, required that at time of death veteran must have been receiving, or entitled to receive,
pension, compensation, or retirement pay for disability incurred in service or, having served 90 days or more during the stated periods and discharged under conditions other than

dishonorable (or less than 90 days, discharged for disability incurred in line of duty), had at time of death a disability due to service for which compensation would be payable if 10 percent or more in degree. Sec. 4 of the act of Aug. 29, 1959, removes requirement of service-connected disability at death.

The act of May 11, 1951, authorized, for the dependents of persons who serve on or after June 27, 1950, and prior to such date as shall thereafter be determined by Presidential percent or more in degree. Sec. 4 of the act of Aug. 29, 1959, removes requirement of service-connected disability at death.

proclamation or concurrent resolution of the Congress, the same death pension as is provided for the dependents of World War II veterans.

7 The act of Apr. 25, 1957 (71 Stat. 25), effective June 1, 1957, prohibited payment of pension to any person while imprisoned in penal institution as result of conviction of felony or misdemeanor, the suspension of payment to begin on 61st day of imprisonment. Sec. 2 authorized payment to designated dependents the pension otherwise payable to person imprisoned.

The Veterans' Benefits Act of 1957 (71 Stat. 83, et seq.), effective Jan. 1, 1958, repealed existing laws relating to pension benefits and restated them. Where substantive changes
relating to the subject of a column were effected, they are indicated, parenthetically, in the appropriate column.

The act of Aug. 28, 1957 (71 Stat. 485-486), provided that in the consideration of any claim for gratuitous death benefits under laws administered by the Veterans' Administra-
tion, if it is established, by evidence satisfactory to the Administrator, that a woman, without knowledge of any legal impediment, entered into a marriage with a veteran which, but
for a legal impediment, would have been valid, and thereafter cohabited with him for 5 or more years immediately before his death, the purported marriage shall be deemed a valid
merrlage, but only if no claim has been filed by a legal widow of such veteran, who is found to be entitled to such benefits.

NOTE.-Act of July 9, 1946 (60 Stat. 524), provided that Veterans' Administration monetary benefits, other than retirement pay, for service-connected disability or death shall be
designated "compensation" and not "pension." Sec. 101 (16) of the Veterans' Benefits Act of 1957 (71 Stat. 90) and title 38, 0.8.C. 101 (15), defined "pension" as a monthly pay
ment by the Veterans' Administration to a veteran because of service, age, or non-service-connected disability, or to a widow or child of a veteran because of the non-service-connected
death of the veteran.

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