Fair Treatment for Families of Veterans Act

Fair Treatment for Families of Veterans Act

This bill changes the effective date for reductions or discontinuances of Department of Veterans Affairs dependency and indemnity compensation by reason of the death of a payee from the last day of the month before death to the last day of the month of death.

A veteran's surviving spouse who receives both dependency/indemnity compensation and service- or non-service-connected disability/death payments for the month of the veteran's death shall be entitled to the greater of the two payments.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1495 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1495

To amend title 38, United States Code, to adjust the effective date of 
  certain reductions and discontinuances of dependency and indemnity 
 compensation under the laws administered by the Secretary of Veterans 
                                Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2017

 Mrs. Love (for herself, Mr. Deutch, Mr. Hill, Mr. Curbelo of Florida, 
Mr. Pearce, Mr. Chaffetz, Mr. Yoder, Mr. Bishop of Georgia, Mr. Ryan of 
Ohio, Mr. Rouzer, Mr. Garamendi, Ms. Shea-Porter, Mr. King of New York, 
 and Mr. Zeldin) introduced the following bill; which was referred to 
                   the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to adjust the effective date of 
  certain reductions and discontinuances of dependency and indemnity 
 compensation under the laws administered by the Secretary of Veterans 
                                Affairs.

    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 ``Fair Treatment for Families of 
Veterans Act''.

SEC. 2. EFFECTIVE DATE OF CERTAIN REDUCTIONS AND DISCONTINUANCES OF 
              COMPENSATION, DEPENDENCY AND INDEMNITY COMPENSATION, AND 
              PENSION UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS 
              AFFAIRS.

    (a) Determination of Effective Date.--
            (1) In general.--Paragraph (1) of section 5112(b) of title 
        38, United States Code, is amended--
                    (A) by striking ``by reason'' and inserting ``(A) 
                in the case of a reduction or discontinuance of 
                compensation or pension, by reason'';
                    (B) by inserting ``and'' after the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) in the case of a reduction or discontinuance of 
        dependency or indemnity compensation--
                    ``(i) by reason of marriage or remarriage, shall be 
                the last day of the month before such marriage or 
                remarriage occurs; and
                    ``(ii) by reason of the death of a payee, shall be 
                the last day of the month during which such death 
                occurs;''.
            (2) Application.--Subparagraph (B) of paragraph (1) of 
        section 5112(b) of title 38, United States Code, as added by 
        paragraph (1) shall apply with respect to a reduction or 
        discontinuance of dependency or indemnity compensation by 
        reason of a death, marriage, or remarriage occurring on or 
        after the date of the enactment of this Act.
    (b) Payment of Benefits for Month of Death.--
            (1) In general.--Section 5310(a)(2) of title 38, United 
        States Code, is amended--
                    (A) by striking ``The amount of the'' and inserting 
                ``(A) Except as provided by subparagraph (B), the 
                amount of the''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B)(i) If the surviving spouse of a veteran receives both 
        payments described in clause (ii) for the month of the death of 
        the veteran, the surviving spouse is entitled to the greater of 
        the two payments.
            ``(ii) The payments described in this clause are the 
        following:
                    ``(I) Payment of a benefit under paragraph (1).
                    ``(II) Dependency and indemnity compensation.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply with respect to payments made by the Secretary of 
        Veterans Affairs on or after the date of the enactment of this 
        Act.
                                 <all>