[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Rules and Regulations]
[Page 62943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30055]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AJ17


Minimum Income Annuity and Gratuitous Annuity

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to provide that if the Department of Defense 
(DOD) or the Department of Transportation determines that an individual 
who is entitled to a minimum income annuity for certain surviving 
spouses also is entitled to a certain gratuitous annuity, VA will 
combine the payment of the gratuitous annuity with the minimum income 
annuity payment. This amendment reflects statutory provisions contained 
in the National Defense Authorization Act for Fiscal Year 1998. The 
responsibility for paying the gratuitous annuity was transferred from 
DOD to VA.

DATES: Effective Date: November 10, 1998.

FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant, 
Regulations Staff (211B), Compensation and Pension Service, Veterans 
Benefits Administration, 810 Vermont Avenue, NW, Washington, DC 20420, 
telephone (202) 273-7210.

SUPPLEMENTARY INFORMATION: Section 645 of the National Defense 
Authorization Act for Fiscal Year 1998, Pub. L. 105-85, Sec. 645, 111 
Stat. 1629, 1801-1802 (1997) (10 U.S.C. 1448 note), transferred 
responsibility for paying the gratuitous annuity authorized by section 
653 of the National Defense Authorization Act, Fiscal Year 1989, Pub. 
L. 100-456, Sec. 653, 102 Stat. 1918, 1991-1992 (1988), from DOD to the 
Secretary of Veterans Affairs. However, DOD or the Department of 
Transportation remains responsible for funding this annuity and 
determining basic eligibility. This gratuitous annuity, initially in 
the amount of $165 a month, but since adjusted for changes in the 
Consumer Price Index, is paid to certain surviving spouses of persons 
who died before November 1, 1953, and were entitled to retired or 
retainer pay on the date of death. The statute provides that VA will 
combine the payment of this gratuitous annuity with the payment of the 
minimum income annuity authorized by Pub. L. 92-425, Sec. 4, 86 Stat. 
706, 712 (1972) (10 U.S.C. 1448 note). Section 638 of the National 
Defense Authorization Act for Fiscal Year 1997, Pub. L. 104-201, 
Sec. 638, 110 Stat. 2422, 2581 (1996), transferred responsibility for 
paying a guaranteed minimum annual income (the so-called minimum-
income-widow annuity, or minimum income annuity) to the Secretary of 
Veterans Affairs from DOD. We have amended 38 CFR 3.811 accordingly.
    This document merely restates statutory provisions. Accordingly, 
the provisions of 5 U.S.C. 553 regarding prior notice and public 
comment and delayed effective date are not applicable.
    The Secretary hereby certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule restates statutory provisions which only affect 
individuals. Therefore, pursuant to 5 U.S.C. 605(b), this rule is 
exempt from the initial and final regulatory flexibility analysis 
requirements of Secs. 603 and 604.

The Catalog of Federal Domestic Assistance program number is 64.105.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: October 29, 1998.
Togo D. West, Jr.,
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 otherwise noted.

    2. In Sec. 3.811, paragraph (d) is redesignated as paragraph (e); 
and the section heading and the heading for paragraph (a) are revised, 
a new paragraph (d) is added, and the authority citation at the end of 
the section is revised, to read as follows:


Sec. 3.811  Minimum income annuity and gratuitous annuity.

    (a) Eligibility for minimum income annuity. * * *
* * * * *
    (d) If the Department of Defense or the Department of 
Transportation determines that a minimum income annuitant also is 
entitled to the gratuitous annuity authorized by Pub. L. 100-456 as 
amended, which is payable to certain surviving spouses of 
servicemembers who died before November 1, 1953, and were entitled to 
retired or retainer pay on the date of death, VA will combine the 
payment of the gratuitous annuity with the minimum income annuity 
payment.
* * * * *
(Authority: Sec. 4, Pub. L. 92-425, 86 Stat. 706, 712, as amended 
(10 U.S.C. 1448 note))

[FR Doc. 98-30055 Filed 11-9-98; 8:45 am]
BILLING CODE 8320-01-P