Fairness for World War II and Korean War Spouses Act

Fairness for World War II and Korean War Spouses Act - Makes the annual rate of pension paid to the surviving spouses of veterans of World War II or the Korean conflict the greater of the following amounts, reduced by the survivor's annual income: (1) the current limit applicable to surviving spouses of veterans of any period of war; or (2) the amount equal to the poverty line, as determined by the Secretary of Health and Human Services (HHS) for the prior year.

Prohibits benefits paid by any federal entity from being included in the determination of annual income.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4371 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4371

    To amend title 38, United States Code, to improve pensions for 
       surviving spouses of World War II and Korean War veterans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2012

   Mr. Baca introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to improve pensions for 
       surviving spouses of World War II and Korean War veterans.

    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 ``Fairness for World War II and Korean 
War Spouses Act''.

SEC. 2. PENSIONS FOR SPOUSES OF WORLD WAR II AND KOREAN WAR VETERANS.

    (a) Increase of Pension.--
            (1) In general.--Chapter 15 of title 38, United States 
        Code, is amended by inserting after section 1543 the following 
        new section:
``Sec. 1544. Surviving spouses of World War II and Korean conflict 
              veterans
    ``(a) Amount of Pension.--Notwithstanding the amounts specified 
under section 1541 of this title, the annual rate of a pension paid to 
a covered surviving spouse under this chapter shall be the amount that 
is the greater of the following amounts reduced by the amount of the 
surviving spouse's annual income:
            ``(1) The applicable amount specified under such section 
        1541.
            ``(2) The amount that is equal to the poverty line (as 
        defined in section 673(2) of the Community Services Block Grant 
        Act (42 U.S.C. 9902(2))), as determined by the Secretary of 
        Health and Human Services for the year prior to the year in 
        which the pension is paid.
    ``(b) Determination of Annual Income.--In determining the annual 
income of a covered surviving spouse under section 1503 of this title, 
the Secretary may not include benefit amounts paid to the covered 
surviving spouse by a Federal entity, including benefit amounts payable 
under title II of the Social Security Act (42 U.S.C. 401 et seq.).
    ``(c) Covered Surviving Spouse.--In this section, the term `covered 
surviving spouse' means a surviving spouse of a veteran who served 
during World War II or the Korean conflict.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1543 the following new item:

``1544. Surviving spouses of World War II and Korean War veterans.''.
    (b) Conforming Amendment.--Section 1541(a) of title 38, United 
States Code, is amended by inserting before the period ``, or section 
1544, as the case may be''.
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