[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)] [Rules and Regulations] [Pages 5528-5530] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-2903] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AI36 Spouse and Surviving Spouse AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends Department of Veterans Affairs (VA) adjudication regulations to replace gender-specific language with gender-neutral language. The amendments are necessary to conform the adjudication regulations with the VA policy that all of its publications will be stated in a manner that does not seem to preclude benefits for female veterans, dependents or beneficiaries. EFFECTIVE DATE: This amendment is effective February 6, 1997. FOR FURTHER INFORMATION CONTACT:Paul Trowbridge, Consultant, Compensation and Pension Service (213), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, telephone (202) 273-7218. SUPPLEMENTARY INFORMATION: It is our policy that in any VA publication and in any communications, words and statements denoting gender shall avoid any appearance of seeming to preclude benefits for female veterans, dependents, or beneficiaries. We believe that the best way to do so is to use gender-neutral terms such as ``spouse'' or ``surviving spouse'' rather than gender-specific terms such as ``husband,'' ``wife,'' ``widow,'' or ``widower.'' This document deletes references throughout 38 CFR part 3 to ``wife,'' ``husband,'' ``widow,'' or ``widower,'' and replaces them with the terms ``spouse'' and ``surviving spouse.'' In 38 CFR 3.205(a)(6), ``held themselves out as married'' has been substituted for ``held themselves out as husband and wife.'' 38 CFR 3.50 is revised to provide a new definition of ``spouse'' and ``surviving spouse'' to reflect statutory requirements. Because of this change, it is no longer necessary to define ``wife'' and ``widow.'' These terms are therefore removed. 38 CFR 3.51 previously provided that the term ``wife'' includes the husband of a female veteran and the term ``widow'' includes the widower of a female veteran. Because we have substituted gender-neutral terms such as ``spouse'' and ``surviving spouse'' for terms such as ``wife,'' ``husband,'' ``widow,'' or ``widower'' throughout the adjudication regulations, 38 CFR 3.51 is no longer necessary and we have removed it. Since these amendments make no substantive change to the regulations, the Secretary finds that notice and public procedure thereon are unnecessary. Accordingly, these amendments are promulgated without [[Page 5529]] regard to the notice-and-comment and effective-date provisions of 5 U.S.C. 553. Because no notice of proposed rulemaking was required in connection with the adoption of this final rule, no regulatory flexibility analysis is required under the Regulatory Flexibility Act (5 U.S.C. 601-612). Even so, the Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act. The Catalog of Federal Domestic Assistance program numbers are 64.104, 64.105, 64.109, 64.110. List of Subjects in 38 CFR Part 3 Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Veterans, Vietnam. Approved: January 27, 1997. Jesse Brown, Secretary of Veterans Affairs. For the reasons set forth in the preamble, 38 CFR part 3 is amended as follows: PART 3--ADJUDICATION Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A continues to read as follows: Authority: 38 U.S.C. 501(a), unless otherwised noted. 2. Section 3.50 is revised to read as follows: Sec. 3.50 Spouse and surviving spouse. (a) Spouse. ``Spouse'' means a person of the opposite sex whose marriage to the veteran meets the requirements of Sec. 3.1(j). (b) Surviving spouse. Except as provided in Sec. 3.52, ``surviving spouse'' means a person of the opposite sex whose marriage to the veteran meets the requirements of Sec. 3.1(j) and who was the spouse of the veteran at the time of the veteran's death and: (1) Who lived with the veteran continuously from the date of marriage to the date of the veteran's death except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse; and (2) Except as provided in Sec. 3.55, has not remarried or has not since the death of the veteran and after September 19, 1962, lived with another person of the opposite sex and held himself or herself out openly to the public to be the spouse of such other person. Sec. 3.51 [Removed] 3. Section 3.51 is removed. Sec. 3.106 [Amended] 4. In Sec. 3.106, paragraph (e) is amended by removing ``widow'' and adding, in its place, ``surviving spouse''. Sec. 3.205 [Amended] 5. In Sec. 3.205, the last sentence of paragraph (a)(6) is amended by removing ``husband and wife'' and adding, in their place, ``married''. Sec. 3.214 [Amended] 6. In Sec. 3.214, the section heading is amended by removing ``widows'' and adding, in its place, ``surviving spouses''. Sec. 3.252 [Amended] 7. In Sec. 3.252, paragraph (b) is amended by removing ``widow or widower'' each time they appear and adding, in their place, ``surviving spouse''; and paragraph (e) is revised to read as follows: Sec. 3.252 Annual income; pension; Mexican border period and later war periods. * * * * * (e) Surviving spouse with a child--(1) Child. The term ``child'' means a child as defined in Sec. 3.57. Where a veteran's child is born after the veteran dies, the surviving spouse will not be considered a surviving spouse with a child prior to the child's date of birth. (2) Veteran's child not in surviving spouse's custody. Where the veteran was survived by a surviving spouse and by a child, the income increments for a surviving spouse and child apply even though the child is not the child of the surviving spouse and not in his or her custody. (3) Income of child. The separate income received by a child or children, regardless of custody, will not be considered in computing the surviving spouse's income. Where the separate income of the child is turned over to the surviving spouse, only so much of the money as is left after deducting any expenses for maintenance of the child will be considered the surviving spouse's income. (4) Alternative rate. Whenever the monthly pension rate payable to the surviving spouse under the formula in 38 U.S.C. 1541(c) is less than the rate payable for one child under section 1542 if the surviving spouse were not entitled, the surviving spouse will be paid the child's rate. * * * * * 8. Section 3.257 is revised to read as follows: Sec. 3.257 Children; no surviving spouse entitled. Where pension is not payable to a surviving spouse because his or her annual income exceeds the statutory limitation or because of his or her net worth, payments will be made to or for the child or children as if there were no surviving spouse. Sec. 3.262 [Amended] 9. In Sec. 3.262, paragraph (k)(6) is amended by removing ``widow'' and adding, in its place, ``surviving spouse''. Sec. 3.400 [Amended] 10. In Sec. 3.400, paragraph (e)(2) is amended by removing ``widow's or widower's'' each time they appear and adding, in their place, ``surviving spouse's'' and by removing ``widow or widower'' and adding, in their place, ``surviving spouse''. Sec. 3.401 [Amended] 11. In Sec. 3.401, paragraph (c), the heading is amended by removing ``wife (husband)'' and adding, in their place, ``spouse''. Sec. 3.666 [Amended] 12. In Sec. 3.666, paragraph (b)(1) is amended by removing ``widow or widower'' and adding, in their place, ``surviving spouse''. Sec. 3.702 [Amended] 13. In Sec. 3.702, paragraph (e), the heading is amended by removing ``Widow (widower)'' and adding, in their place, ``Surviving spouse''. Sec. 3.805 [Amended] 14. In Sec. 3.805, paragraphs (d) and (e) are amended by removing ``widow (widower)'' each time they appear and adding, in their place, ``surviving spouse''; and paragraph (f) is amended by removing ``herself (himself)''. Sec. 3.857 [Amended] 15. In Sec. 3.857, the heading and text are amended by removing ``widow or widower'' each time they appear and adding, in their place, ``surviving spouse''. Sec. 3.1000 [Amended] 16. In Sec. 3.1000, paragraph (a)(2) is amended by removing ``widow or remarried widow'' and adding, in their place, ``surviving spouse or remarried surviving spouse''; paragraph (b)(3) is amended by removing ``widow's'' and adding, in its place, ``surviving spouse's''; the introductory text of paragraph (c) is amended by removing ``widow'' and adding, in its place, ``surviving spouse''; paragraph (d)(1) is amended by removing ``widow or [[Page 5530]] widower'' and adding, in their place, ``surviving spouse''; and paragraph (f) is amended by removing ``widow or widower'' and adding, in their place, ``surviving spouse'' and by removing ``wife or husband'' and adding, in their place, ``spouse''. [FR Doc. 97-2903 Filed 2-5-97; 8:45 am] BILLING CODE 8320-01-P