[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Rules and Regulations]
[Pages 30244-30245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14252]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AJ53


Reinstatement of Benefits Eligibility Based Upon Terminated 
Marital Relationships

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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[[Page 30245]]

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to state that the remarried surviving spouse 
of a veteran is not barred from receiving dependency and indemnity 
compensation if the remarriage is terminated by death, divorce, or 
annulment, unless the divorce or annulment was secured through fraud or 
collusion. This document further amends the regulations to permit the 
receipt of dependency and indemnity compensation by a surviving spouse 
who has lived with another person and held himself or herself out 
openly to the public as that other person's spouse, if the surviving 
spouse ceases living with that other person and holding himself or 
herself out openly to the public as that other person's spouse. This 
amendment is necessary to conform the regulations to a recent statutory 
change.

DATES: Effective Date: October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Warren Jones, Consultant, Regulations 
Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW, Washington, DC 20420, telephone 
(202) 273-7167.

SUPPLEMENTARY INFORMATION: A surviving spouse of a veteran must be 
unmarried to receive VA benefits. The law regarding the eligibility for 
benefits of a surviving spouse of a veteran who remarries after the 
veteran's death and whose remarriage later terminates has changed 
several times in recent years.
    Prior to January 1, 1971, remarriage of a surviving spouse of a 
deceased veteran was a bar to benefits unless that remarriage was void 
or annulled. Pub. L. 91-376 amended 38 U.S.C. 103(d) by adding 
subsections 103(d)(2) and (d)(3) to permit the payment or resumption of 
payment of benefits to a surviving spouse whose remarriage was 
terminated by death or divorce, or who ceased living with another 
person and holding himself or herself out openly to the public as that 
person's spouse.
    The Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, 
deleted 38 U.S.C. 103(d)(2) and (d)(3). The effect of this change was 
to eliminate VA's authority, effective November 1, 1990, to reinstate 
entitlement to death benefits for a surviving spouse who had remarried 
after the veteran's death unless the marriage was void or annulled, or 
to reinstate entitlement to death benefits for a surviving spouse who 
ceased living with another person and holding himself or herself out 
openly to the public as that person's spouse.
    Section 8207 of the Transportation Equity Act for the 21st Century, 
Pub. L. 105-178, amended 38 U.S.C. 1311, effective October 1, 1998, to 
reinstate eligibility for only dependency and indemnity compensation to 
a surviving spouse of a veteran whose remarriage is terminated by 
death, divorce, or annulment unless VA determines that the divorce or 
annulment was secured through fraud or collusion. Additionally, Pub. L. 
105-178 reinstates eligibility for dependency and indemnity 
compensation to a surviving spouse of a veteran who ceases living with 
another person and holding himself or herself out openly to the public 
as that person's spouse. This document amends 38 CFR 3.55 accordingly.
    This final rule reflects statutory requirements. Accordingly, there 
is a basis for dispensing with prior notice and comment and delayed 
effective date provisions of 5 U.S.C. 552 and 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 number is 
64.110.

List of Subjects in 38 CFR Part 3

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

    Approved: April 14, 1999.
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. 3.55, paragraphs (a)(3) and (a)(4) are redesignated as 
paragraphs (a)(4) and (a)(6), respectively, and new paragraphs (a)(3) 
and (a)(5) are added to read as follows:


Sec. 3.55  Reinstatement of benefits eligibility based upon terminated 
marital relationships.

* * * * *
    (a) * * *
    (3) On or after October 1, 1998, remarriage of a surviving spouse 
terminated by death, divorce, or annulment, will not bar the furnishing 
of dependency and indemnity compensation, unless the Secretary 
determines that the divorce or annulment was secured through fraud or 
collusion.

(Authority: 38 U.S.C. 1311(e))
* * * * *
    (5) On or after October 1, 1998, the fact that a surviving spouse 
has lived with another person and has held himself or herself out 
openly to the public as the spouse of such other person will not bar 
the furnishing of dependency and indemnity compensation to the 
surviving spouse if he or she ceases living with such other person and 
holding himself or herself out openly to the public as such other 
person's spouse.

(Authority: 38 U.S.C. 1311(e))
* * * * *
[FR Doc. 99-14252 Filed 6-4-99; 8:45 am]
BILLING CODE 8320-01-P