[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3352 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3352

  To amend title 38, United States Code, to exempt reimbursements of 
   expenses related to accident, theft, loss, or casualty loss from 
 determinations of annual income with respect to pensions for veterans 
and surviving spouses and children of veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2010

  Mr. Tester introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to exempt reimbursements of 
   expenses related to accident, theft, loss, or casualty loss from 
 determinations of annual income with respect to pensions for veterans 
and surviving spouses and children of veterans, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Pensions Protection Act of 
2010''.

SEC. 2. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EXPENSES FROM 
              DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS 
              FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF 
              VETERANS.

    Paragraph (5) of section 1503(a) of title 38, United States Code, 
is amended to read as follows:
            ``(5) payments regarding--
                    ``(A) reimbursements of any kind (including 
                insurance settlement payments) for--
                            ``(i) expenses related to the repayment, 
                        replacement, or repair of equipment, vehicles, 
                        items, money, or property resulting from--
                                    ``(I) any accident (as defined in 
                                regulations which the Secretary shall 
                                prescribe), but the amount excluded 
                                under this subclause shall not exceed 
                                the greater of the fair market value or 
                                reasonable replacement value of the 
                                equipment or vehicle involved at the 
                                time immediately preceding the 
                                accident;
                                    ``(II) any theft or loss (as 
                                defined in regulations which the 
                                Secretary shall prescribe), but the 
                                amount excluded under this subclause 
                                shall not exceed the greater of the 
                                fair market value or reasonable 
                                replacement value of the item or the 
                                amount of the money (including legal 
                                tender of the United States or of a 
                                foreign country) involved at the time 
                                immediately preceding the theft or 
                                loss; or
                                    ``(III) any casualty loss (as 
                                defined in regulations which the 
                                Secretary shall prescribe), but the 
                                amount excluded under this subclause 
                                shall not exceed the greater of the 
                                fair market value or reasonable 
                                replacement value of the property 
                                involved at the time immediately 
                                preceding the casualty loss; and
                            ``(ii) medical expenses resulting from any 
                        accident, theft, loss, or casualty loss (as 
                        defined in regulations which the Secretary 
                        shall prescribe), but the amount excluded under 
                        this clause shall not exceed the costs of 
                        medical care provided to the victim of the 
                        accident, theft, loss, or casualty loss; and
                    ``(B) pain and suffering (including insurance 
                settlement payments and general damages awarded by a 
                court) related to an accident, theft, loss, or casualty 
                loss, but the amount excluded under this subparagraph 
                shall not exceed an amount determined by the Secretary 
                on a case-by-case basis;''.
                                 <all>