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CONTENTS

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1696-1700

Teague, Hon. Charles M.

Thompson, Hon. T. A., statement of

1694, 1698, 1708

1690-1692

Stover, Francis W., assistant legislative director, Veterans of Foreign
Wars

1710, 1711

EXCLUSIONS FROM INCOME LIMITS OF NON-SERVICE

CONNECTED PENSIONS

TUESDAY, JULY 23, 1957

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COMPENSATION AND PENSION

OF THE COMMITTEE ON VETERANS' AFFAIRS,

Washington, D. C.

The subcommittee met at 10 a. m. in room 356 of the Old House Office Building, Hon. W. J. Bryan Dorn (chairman of the subcommittee) presiding.

Mr. DORN. The subcommittee will come to order. We are meeting this morning to consider S. 2080 and 12 other related bills, all of which seek to exclude certain items from the income limits of $1,400 and $2,700 now applicable to nonservice-connected pension.

The authors of all these bills have been invited to testify.

Without objection, I will insert at this point the 13 bills and the reports of the Veterans' Administration thereon.

(S. 2080, H. R. 324, H. R. 326, H. R. 416, H. R. 904, H. R. 2007, H. R. 3225, H. R. 5153, H. R. 5212, H. R. 5815, H. R. 6411, H. R. 6837, and H. R. 6880, together with reports from Veterans' Administration, follow :)

[H. R. 324, 85th Cong., 1st sess.]

A BILL To provide that in determining income of beneficiaries, the Administrator of Veterans' Affairs shall not include the value of certain property acquired by bequest, devise, or inheritance

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in determining income of any individual under paragraph IV of part I, paragraph III of part II, and paragraph II of part III, of Veterans Regulation Numbered 1 (a); section 1 (c) of Public, Numbered 484, Seventy-third Congress, or under any other law administered by the Veterans' Administration in which income is a factor in determining eligibility for, or the amount of benefits, no amount shall be considered as income which is excluded under section 102 of the Internal Revenue Code of 1954 from gross income as a bequest, devise, or inheritance.

SEC. 2. This Act shall apply with respect to all income received on or after January 1, 1956, but no pension or compensation shall be paid to any individual by reason of its enactment for any period prior to the first day of the second calendar month which begins after the date of its enactment.

[H. R. 326, 85th Cong., 1st sess.]

A BILL To provide that in determining income of beneficiaries, the Administrator of Veterans' Affairs shall not include certain amounts which are not considered as income for the purposes of the Internal Revenue Code of 1954

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in determining income of any individual under paragraph IV of part I, paragraph III of part II, and paragraph II of part III, of Veterans Regulation Numbered 1 (a); section 1 (c) of Public, Numbered 484, Seventy-third Congress; and any other law administered by the

1641

Veterans' Administration under which income is a factor in determining eligibility for, or the amount of, benefits, no amount shall be considered as income (1) which is excluded under part III of subchapter B of chapter 1, or under section 72, of the Internal Revenue Code of 1954 (or under any of the provisions of law referred to in section 121 thereof) from the gross income of such individual, or (2) which is a tax-exempt payment made by the United States to such individual.

SEC. 2. This Act shall apply with respect to all income received on or after January 1, 1956, but no pension or compensation shall be paid to any individual by reason of its enactment for any period prior to the first day of the second calendar month which begins after the date of its enactment.

[H. R. 416, 85th Cong., 1st sess.]

A BILL To exclude life insurance payments from any source in the annual income computation for death-pension purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of section 1 (c) of the Act of June 28, 1934, as added by section 1 of the Act of July 19, 1939 (53 Stat. 1068), and as amended (38 U. S. C. 503 (c)), is further amended to read as follows: "In determining annual income, payments of commercial life insurance, war-risk term insurance, United States Government life (converted) insurance, national service life insurance, servicemen's indemnity, and payments under the World War Adjusted Compensation Act, as amended (U. S. C., title 38, ch. 11), and the Adjusted Compensation Payment Act, 1936, as amended, shall not be considered."

[H. R. 904, 85th Cong., 1st sess.]

A BILL To provide that in determining income of World War I veterans and their widows for the purpose of ascertaining eligibility for pensions, payments under title II of the Social Security Act shall not be taken into account

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph II of part III of Veterans Regulation Numbered 1 (a) is amended by adding at the end thereof the following:

"(d) In determining annual income of any veteran of World War I under this part, amounts received by him under title II of the Social Security Act shall not be taken into account."

SEC. 2. Section 1 of the Act entitled "An Act to compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military or naval service in the World War," approved June 28, 1934 (38 U. S. C. 503), is amended by adding at the end thereof the following:

"(d) In determining annual income of any widow of a World War I veteran under this section, amounts received by her under title II of the Social Security Act shall not be taken into account."

SEC. 3. The amendments made by this Act shall take effect on the first day of the first calendar month which begins after the date of its enactment. Pension shall not be paid for any period before such first day to any person whose eligibility for pension is established solely by virtue of such amendments.

[H. R. 2007, 85th Cong., 1st sess.]

A BILL To amend the law with respect to the payment of pensions to widows or children of veterans to permit such widows or children to deduct from their income, for the purpose of determining their eligibility for a pension amounts paid by them toward the costs arising from the veteran's final illness and funeral

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 1 of the Act entitled "An Act to compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military service in the World War", approved June 28, 1934, as amended

(38 U. S. C., sec. 503 (c)), is amended by inserting "(1)” immediately after "(e)" and by adding at the end thereof the following new paragraph:

"(2) In determining annual income, for the annual period in which the person who served dies or for the annual period immediately following the annual period in which the person who served died, for the purposes of paragraph (1), a person may deduct from his annual income for either (but not both) of such annual periods an amount equal to the amounts paid by him toward the costs arising from (A) the final illness of the person who served which accrued in the twelve-month period immediately preceding the death of the person who served and (B) the funeral and burial of the person who served."

SEC. 2. The amendments made by this Act shall apply only for the purpose of determining the pension which shall be paid on account of a person who served who dies after December 31, 1955.

[H. R. 3225, 85th Cong., 1st sess.]

A BILL Relating to the computation of income for purposes of non-service-connected pension benefits payable to certain veterans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subparagraph II (a) of part III of Veterans Regulation Numbered 1 (a) is amended by adding at the end thereof the following new sentence: "In determining annual income, all or any portion of any retirement pay, pension, or annuity, the receipt of which has been waived and which is not recoverable, shall not be considered."

SEC. 2. The amendment made by this Act shall take effect on the first day of the second calendar month which begins after the date of its enactment.

[H. R. 5153, 85th Cong., 1st sess.]

A BILL Relating to the computation of annual income for the purpose of payment of pension for non-service-connected disability or death in certain cases

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in determining "annual income" under the provisions of paragraph II (a) of part III, Veterans Regulation Numbered 1 (a), as amended (38 U. S. C. chapter 12A), and section 1 (c) of the Act of June 28, 1934, as added by section 1 of the Act of July 19, 1939 (53 Stat. 1068), and as amended (38 U. S. C. 503 (c)), payment of a bonus or similar cash gratuity to a veteran by any State based on service in the Armed Forces of the United States shall not be considered. The term "State" means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 2. This Act shall take effect on the date of its enactment.

[H. R. 5212, 85th Cong., 1st sess.]

A BILL To provide for the computation of annual income for the purpose of payment of pension for non-service-connected disability or death in certain cases

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in determining "annual income" under the provisions of paragraph II (a) of part III, Veterans Regulation Numbered 1 (a), as amended (38 U. S. C., chapter 12A), and section 1 (c) of the Act of June 28, 1934, as added by section 1 of the Act of July 19, 1939 (53 Stat. 1068), and as amended (38 U. S. C., 503 (c)), payment of a bonus or similar cash gratuity to a veteran by any State based on service in the Armed Forces of the United States shall not be considered. The term "State" means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 2. This Act shall take effect on the date of its enactment.

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