INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-EIGHTH CONGRESS, SECOND SESSION, 1944
Chap. 65  | Chap. 78 | Chap. 81 | Chap. 146 | Chap. 152 | Chap. 211 | Chap. 212 | Chap. 220 | Chap. 221 | Chap. 237 | Chap. 243 | Chap. 275 | Chap. 277 | Chap. 294 | Chap. 298 | Chap. 304 | Chap. 373 | Chap. 416 | Chap. 481 | Chap. 553 | Chap. 579 | Chap. 601 | Chap. 602 | Chap. 607 | Chap. 626 | Chap. 660 | Chap. 665 | Chap. 711

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Chapter 78
March 3, 1944 [H.R. 85] |  [Public Law 245] 58 Stat. 108

AN ACT
To amend the Act of March 3, 1927, entitled “An Act granting pensions to certain soldiers who served in the Indian wars from 1817 to 1898, and for other purposes.”
Section 2 | 3 | 4

Margin Notes
Chap. 78 Pensions, Indian wars.
Chap. 78 109
Service requirement.
Chap. 78 39 Stat. 1199.
38 U.S.C. § 375.
Chap. 78 Disability rating.
Chap. 78 Veterans attaining ages of 62 and 65.
Chap. 78 Helpless or blind veterans.
Sec. 2 Commencement of pension or increased rate.
Sec. 2 Veteran requiring attendant.
Sec. 3 Certain dependent unremarried widows.
Ante, p. 108.
Sec. 3 44 Stat. 1362.
38 U.S.C. § 381a.
Sec. 3 Age and marital relationship.
Sec. 3 110
Sec. 3 If pension granted to helpless child or child under l6.
Sec. 3 Widow attaining age of 70 years.
Sec. 3 Wife of veteran during his war service.
Sec. 3 Commencement date.
Sec. 3 Ante, p. 109.
Remarried widows.
Sec. 4 Existing rights or pensions.
Sec. 4 Army and Navy Medal of Honor Roll.
39 Stat. 53.
38 U. S. C. §§ 391-394;
Supp. III, § 393-394;

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of March 3, 1927 (U.S.C., title 38, sec. 381; 44 Stat. 1361), is hereby amended to read as follows:

"SECTION 1. That any person who served thirty days or more, or for the duration of one of the campaigns cited in section 1 of the Act of March 4, 1917, even though such campaign was of less than thirty days' duration, in any military organization, whether such person was regularly mustered into the service of the United States or not, but whose service was under the authority or by the approval of the United States or any State or Territory in any Indian war or campaign, or in connection with, or in the zone of, any active Indian hostilities in any of the States or Territories of the United States from January 1, 1817, to December 31, 1898, inclusive, the determination as to what constitutes the zone of active Indian hostilities to be made by the Administrator of Veterans' Affairs, and who is now or may hereafter be suffering from any mental or physical disability or disabilities of a permanent character which so incapacitate him for the performance of manual labor as to render him unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Administrator of Veteran' Affairs may provide, be placed upon the pension roll of the United States and be entitled to receive a pension not exceeding $60 a month and not less than $20 a month, proportioned to the degree of inability to earn a support, and in determining such inability each and every infirmity shall be duly considered and the aggregate of the disabilities shown shall be rated, these rates to be fixed as follows: $20 a month for one-tenth disability, $25 a month for one-fourth disability, $35 a month for one-half disability, $50 a month for three-fourths disability, and $60 a month for total disability: Provided, That any such person who has reached the age of sixty-two years shall, upon making proof of such fact, be entitled to receive a pension of $30 a month; and in case such person has reached the age of sixty-five years, $60 a month: Provided further, That any such person who is now or hereafter may become, on account of age or physical or mental disabilities, helpless or blind, or so

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nearly helpless or blind as to need or require the regular aid and attendance of another person, shall be given a rate of $100 a month."

SEC. 2.

Section 4 of the Act of March 3, 1927 (U.S.C., title 38, sec. 381c; 44 Stat. 1363), is hereby amended to read as follows:

"SEC. 4. The pension or increased rate of pension herein provided for shall commence from the date of filing application therefor after the date of enactment of this Act in such form as may be prescribed by the Administrator of Veterans' Affairs, or the date of the inception of the requisite condition as shown by the evidence, whichever is the later: Provided, That as to veterans who hereafter apply for and receive pension under the provisions of this Act, increased pension by reason of disability requiring the regular aid and attendance of another person shall be effective as of the date of inception of the requisite condition as shown by the evidence, but not earlier than the date of the original application for pension hereunder."

SEC. 3.

The Act of March 3, 1927 (U.S.C., title 38, secs. 381-381d; 44 Stat. 1361-1363), is hereby amended by adding a new section numbered 6 to read as follows:

"SEC. 6. The dependent unremarried widow of any person who rendered service as described in section 1 of this Act, who is barred from receiving pension because her marriage to the veteran occurred subsequent to March 3, 1917, but who is otherwise entitled to pension under section 2 of this Act, shall be entitled to pension in her own right and to the additional pension provided for minor and helpless children in said section 2: Provided, That she has attained the age of sixty years, was married to the veteran ten or more years prior to his death, and lived with him continuously from the date of marriage to the date of his death, except where there was a separation which was due to or procured by the veteran without the fault of the widow: Provided further, That if pension has been granted to an insane, idiotic, or otherwise helpless child of the veteran or to a child or children of the veteran under sixteen years of age, the widow shall not be entitled to the pension authorized by this section until the pension to the child or children terminates, unless such child or children be a member or members of her family and cared for by her; and when these conditions are fulfilled and the pension is granted to the widow, payment of pension to such child or children shall cease; except that in the event the amount being paid to such child or children is less than the amount authorized to the widow by this section, then the difference between said amounts shall be paid to the widow Provided further, That any widow otherwise entitled to pension under this Act who has attained or who shall hereafter attain the age of seventy years shall be entitled to and paid a pension at the rate of $40 per month: Provided further, That the widow otherwise entitled under this Act who was the wife of the veteran during the period of his service in an Indian war or campaign shall be entitled to and shall be paid a pension at the rate of $50 per month. Payment of pension or increase of pension at the rates provided in this section shall commence as provided in section 4 of this Act. Pension and increase of pension under this section shall not be paid to the widow who has remarried either once or more than once since the death of the veteran, and upon remarriage of such a widow her pension shall be terminated."

SEC. 4.

The Act of March 3, 1927 (U.S.C., title 38, secs. 381-381d; 44 Stat. 1361-1363), is hereby amended by adding a new section numbered 7 to read as follows:

"SEC. 7. Nothing contained in the provisions of this Act shall be construed to discontinue, diminish, or reduce any pension heretofore granted, nor to abridge or deny rights under any law in effect on the date of enactment of this Act, nor be held to affect or diminish the additional pension to those on the roll designated as the Army and Navy Medal of Honor Roll, as provided by the Act of April 27, 1916, but

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any pension or increase of pension herein provided for shall be in addition thereto."

Approved, March 3, 1944.


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