I 112th CONGRESS 2d Session H. R. 4371 IN THE HOUSE OF REPRESENTATIVES April 17, 2012 Mr. Baca introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve pensions for surviving spouses of World War II and Korean War veterans.

1.

Short title

This Act may be cited as the Fairness for World War II and Korean War Spouses Act.

2.

Pensions for spouses of World War II and Korean War veterans

(a)

Increase of pension

(1)

In general

Chapter 15 of title 38, United States Code, is amended by inserting after section 1543 the following new section:

1544.

Surviving spouses of World War II and Korean conflict veterans

(a)

Amount of pension

Notwithstanding the amounts specified under section 1541 of this title, the annual rate of a pension paid to a covered surviving spouse under this chapter shall be the amount that is the greater of the following amounts reduced by the amount of the surviving spouse’s annual income: (1)The applicable amount specified under such section 1541. (2)The amount that is equal to the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))), as determined by the Secretary of Health and Human Services for the year prior to the year in which the pension is paid. (b)

Determination of annual income

In determining the annual income of a covered surviving spouse under section 1503 of this title, the Secretary may not include benefit amounts paid to the covered surviving spouse by a Federal entity, including benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.). (c)

Covered surviving spouse

In this section, the term covered surviving spouse means a surviving spouse of a veteran who served during World War II or the Korean conflict.

. (2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1543 the following new item: 1544. Surviving spouses of World War II and Korean War veterans. . (b)

Conforming amendment

Section 1541(a) of title 38, United States Code, is amended by inserting before the period , or section 1544, as the case may be.