Ernest Peltz Accrued Veterans Benefits Act
This bill establishes procedures for the Department of Veterans Affairs (VA) to issue a pension that was due but unpaid at the time of a veteran’s death. Specifically, if the VA issues a decision awarding entitlement to a pension to a veteran prior to the veteran’s death but issues the payment after the veteran dies, the pension must be paid to the first available recipient on the following list: (1) the veteran’s living spouse; (2) the veteran’s living children; (3) the veteran’s living dependent parents; or (4) the estate of the veteran, unless the estate will escheat (i.e., transfer to the state). To be eligible for such pension payments, a claimant of accrued benefits must file an application within one year after the veteran's death.
If no application for accrued benefits is filed within one year following the death of the veteran, the pension must be paid to the veteran’s estate unless the estate will escheat.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3123 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3123
To amend title 38, United States Code, to make certain improvements to
laws relating to the payment of certain benefits administered by the
Secretary of Veterans Affairs that are affected by death, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2025
Ms. Stefanik (for herself and Mr. Khanna) introduced the following
bill; which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements to
laws relating to the payment of certain benefits administered by the
Secretary of Veterans Affairs that are affected by death, and for other
purposes.
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 ``Ernest Peltz Accrued Veterans
Benefits Act''.
SEC. 2. PAYMENT BY SECRETARY OF VETERANS AFFAIRS OF PENSION AFTER DEATH
OF A VETERAN IN CERTAIN CIRCUMSTANCES.
(a) In General.--Chapter 51 of title 38, United States Code, is
amended by inserting, after section 5121A, the following new section:
``Sec. 5121B. Payment of pension after death of a veteran in certain
circumstances
``(a) In General.--Subject to subsection (b), if the Secretary
issues a decision awarding entitlement to a pension to a veteran before
the death of such veteran, and the Secretary issues payment of such
pension after the veteran dies, such pension that was due and unpaid at
the time of the veteran's death shall be paid to the first living
person or entity listed below:
``(1) The veteran's spouse.
``(2) The veteran's children (in equal shares).
``(3) The veteran's dependent parents (in equal shares).
``(4) The estate of the deceased veteran unless the estate
will escheat.
``(b) Limitation.--In a case described in subsection (a), if no
application is filed under section 5121 of this title during the one-
year period following the death of the veteran, the pension described
in such subsection shall be paid to the estate of the deceased veteran
unless the estate will escheat.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendment.--Section 5121(a) of such title is
amended, in the matter preceding paragraph (1), by inserting
``section 5121B of this title, or'' before ``sections 3329 and
3330''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting, after the
item relating to section 5121A, the following new item:
``5121B. Payment of pension after death of a veteran in certain
circumstances.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the death of a veteran that occurs on or after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held
Subcommittee on Disability Assistance and Memorial Affairs Discharged
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 119-339.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 119-339.
Placed on the Union Calendar, Calendar No. 291.
Mr. Bost moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1930-1932)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 3123.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H1937-1938)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 1 (Roll no. 50). (text: CR H1930-1931)
Roll Call #50 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 1 (Roll no. 50). (text: CR H1930-1931)
Roll Call #50 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.