[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1462 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1462

To amend title 38, United States Code, to reduce from age 57 to age 55 
    the age after which the remarriage of the surviving spouse of a 
  deceased veteran shall not result in termination of dependency and 
   indemnity compensation otherwise payable to that surviving spouse.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2005

Mr. Bilirakis introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to reduce from age 57 to age 55 
    the age after which the remarriage of the surviving spouse of a 
  deceased veteran shall not result in termination of dependency and 
   indemnity compensation otherwise payable to that surviving spouse.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REDUCTION FROM AGE 57 TO AGE 55 THE AGE AFTER WHICH A 
              SURVIVING SPOUSE'S REMARRIAGE SHALL NOT RESULT IN 
              TERMINATION OF DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Reduction in Age.--Section 103(d)(2)(B) of title 38, United 
States Code, is amended--
            (1) in the first sentence, by striking ``age 57'' and 
        inserting ``age 55''; and
            (2) by striking the second sentence.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on--
            (1) the first day of the first month that begins after the 
        date of the enactment of this Act; or
            (2) the first day of the fiscal year that begins in the 
        calendar year in which this Act is enacted, if later than the 
        date specified in paragraph (1).
    (c) Retroactive Benefits Prohibited.--No benefit may be paid to any 
person by reason of the amendment made by subsection (a) for any period 
before the effective date specified in subsection (b).
    (d) Application for Benefits.--In the case of an individual who but 
for having remarried would be eligible for benefits under title 38, 
United States Code, by reason of the amendment made by subsection (a) 
and whose remarriage was before the date of the enactment of this Act 
and after the individual had attained age 57, the individual shall be 
eligible for such benefits by reason of such amendment only if the 
individual submits an application for such benefits to the Secretary of 
Veterans Affairs not later than the end of the one-year period 
beginning on the date of the enactment of this Act.
                                 <all>