Gold Star Parents Annuity Act of 2010 - Directs the Secretary of Defense (DOD) to pay a special pension to each person who has received a Gold Star lapel button as a parent of a member of the Armed Forces who died while serving.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6371 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6371
To amend title 38, United States Code, to provide for the payment of a
monthly stipend to the surviving parents (known as ``Gold Star
parents'') of members of the Armed Forces who die during a period of
war.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2010
Mr. Nye introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for the payment of a
monthly stipend to the surviving parents (known as ``Gold Star
parents'') of members of the Armed Forces who die during a period of
war.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gold Star Parents Annuity Act of
2010''.
SEC. 2. SPECIAL PENSION FOR GOLD STAR PARENTS.
(a) Special Pension.--
(1) In general.--Chapter 15 of title 38, United States
Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER V--SPECIAL PENSION FOR GOLD STAR PARENTS
``Sec. 1571. Gold Star parents
``(a) Monthly Payment.--The Secretary shall pay monthly to each
person who has received a gold star lapel button under section 1126 of
title 10 as a parent of a person who died in a manner described in
subsection (a) of that section a special pension in an amount
determined under subsection (b).
``(b) Amount.--The amount of special pension payable under this
section with respect to the death of any person shall be $125 per
month. In any case in which there is more than one parent eligible for
special pension under this section with respect to the death of a
person, the Secretary shall divide the payment equally among those
eligible parents.
``(c) Relationship to Other Laws.--The receipt of special pension
under this section shall not deprive any person of any other pension or
other benefit, right, or privilege to which such person is or may
hereafter be entitled under any existing or subsequent law. Special
pension under this section shall be paid in addition to all other
payments under laws of the United States.
``(d) Treatment of Special Pension.--Special pension under this
section shall not be subject to any attachment, execution, levy, tax
lien, or detention under any process whatsoever.
``(e) Definition of Parent.--For purposes of this section, the term
`parent' has the meaning provided in section 1126(d)(2) of title 10.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 15 of such title is amended by adding at
the end the following:
``subchapter v--special pension for gold star parents
``1571. Gold Star parents.''.
(b) Effective Date.--
(1) In general.--Section 1571 of title 38, United States
Code, as added by subsection (a), shall take effect on October
1, 2011, and apply with respect to deaths occurring on or after
that date.
(2) Retroactive payments.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall pay to any person who is entitled to a pension
under that section by reason of the death of an individual
during the period beginning October 1, 2011, and ending on the
date of the enactment of this Act, an amount equal to the total
amount of pension to which that person is entitled under that
section for that period.
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Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
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