[Congressional Record Volume 149, Number 17 (Thursday, January 30, 2003)]
[Senate]
[Page S1814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON (for herself and Mrs. Hutchison):
  S. 249. A bill to amend title 38, United States Code, to provide that 
remarriage of the surviving spouse of a deceased veteran after age 55 
shall not result in termination of dependency and indemnity 
compensation otherwise payable to that surviving spouse; to the 
Committee on Veterans' Affairs.
  Mrs. CLINTON. Mr. President, today my colleague Senator Kay Bailey 
Hutchison and I are reintroducing a bill that will help repay our 
Nation's debt to the Gold Star Wives of America.
  This bill corrects a long-standing disparity and would finally allow 
the widows of veterans who remarry after the age of 55 to continue to 
receive Dependency and Indemnity Compensation. The Gold Star Wives of 
America brought this matter to our attention. We are tremendously 
grateful to them for working with us on this important bill. At this 
time in our Nation's history, when our brave men and women in uniform 
are putting their lives on the line in Afghanistan and elsewhere around 
the world, it is especially important to recognize the wives and 
families of those who have already served their country so proudly.
  This benefit covers the surviving dependents of members of the Armed 
Forces who have died in active duty or of a service-connected cause. 
Currently, it is the only Federal annuity program that does not permit 
a widow who receives compensation to retain her benefits if she 
remarries after the age of 55. It is time for this policy to change.
  By eliminating this marriage penalty, our bill will continue to 
provide these women the help some need to make ends meet, and will 
allow them to live their lives to the fullest. Discouraging marriage 
after the age of 55 by making marriage financially burdensome is not 
the way to show our appreciation for their sacrifice. Many people live 
on fixed incomes and rely on Dependency and Indemnity Compensation to 
help pay their bills.
  Under our bill, these widows would not be denied their benefits. I 
urge my colleagues to support this important legislation. It is time 
for these inequities to be addressed, so that these women can continue 
to receive the benefits they deserve, and also be permitted to 
experience again the profound meaning and happiness that marriage 
brings.
  I ask unanimous consent that the text of the bill, to amend title 38, 
United States Code, to provide that remarriage of the surviving spouse 
of a deceased veteran after age 55 shall not result in termination of 
dependency and indemnity compensation otherwise payable to that 
surviving spouse, be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 249

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

     SECTION 1. RETENTION OF DEPENDENCY AND INDEMNITY COMPENSATION 
                   FOR SURVIVING SPOUSES REMARRYING AFTER AGE 55.

       (a) Exception to Termination of Benefits Upon Remarriage.--
     Section 103(d)(2)(B) of title 38, United States Code, is 
     amended by inserting ``1311 or'' after ``under section''.
       (b) Effective Date.--The amendment 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).
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