Ernest Peltz Accrued Veterans Benefits Act
Officially: “Ernest Peltz Accrued Veterans Benefits Act” Read the full text
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1Short title
This section would let the Act be called the Ernest Peltz Accrued Veterans Benefits Act.
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1. Short title This Act may be cited as the Ernest Peltz Accrued Veterans Benefits Act .
2Payment by Secretary of Veterans Affairs of pension after death of a veteran in certain circumstances
This section would add a new section 5121B to chapter 51 of title 38 of the United States Code, placed right after existing section 5121A. Under the new section, if the Secretary of Veterans Affairs issues a decision awarding a pension to a veteran before that veteran dies, but the actual payment of the pension is issued after the veteran's death, the pension amount that was due and unpaid at the time of death would be paid to whichever of the following is first on this list and still alive: the veteran's spouse; the veteran's children, divided in equal shares; the veteran's dependent parents, divided in equal shares; or the estate of the deceased veteran, unless the estate would escheat (revert to the state for lack of an heir). That payment order would be subject to a limitation: if no application is filed under section 5121 of title 38 within the one-year period after the veteran's death, the unpaid pension would instead be paid to the veteran's estate, again unless the estate would escheat. The bill would also insert a cross-reference to this new section 5121B into the introductory text of section 5121(a) of title 38, alongside the existing references there to sections 3329 and 3330, and would add a new entry for section 5121B to the table of sections at the start of chapter 51. These changes would apply to the death of a veteran occurring on or after the date this Act is enacted.
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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: 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.
Where it is
In the House.