Page:United States Statutes at Large Volume 106 Part 5.djvu/684

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106 STAT. 4322 PUBLIC LAW 102-568—OCT. 29, 1992 "(2) The rate under paragraph (1) shall be increased Inr $165 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immemately preceding death. In determining the period of a veteran's disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered. "(3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined! with respect to that veteran under paragraphs (1) and (2):". (b) ADDITIONAL RATE FOR SURVIVING SPOUSE WITH MINOR CHIL- DREN.—Subsection (b) of such section is amended by striking out "$71 for each such child" and inserting in lieu thereof "$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter". 38 USC 1311 (c) EFFECTIVE DATE.— The amendments made by this section "°^ shall take effect on January 1, 1993. 38 USC 1311 (d) PAYMENT FOR IMPLEMENTATION OF REVISIONS. —The costs "°*®- of implementing, during fiscal years 1993 and 1994, any revisions in the payment of dependency and indemnity compensation to surviving spouses under section 1311 of title 38, United States Code, that result from the amendments made by subsections (a) and (b) shall be paid from amounts available to the Department of Veterans Affairs for the payment of compensation and pension. 38 USC 103 note. SEC. 103. EXCEPTION TO OPERATION OF OBRA PROVISION. (a) EXCEPTION.—The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) shall not apply to any case in which a legal proceeding to terminate an existing marital relationship was commenced l^fore November 1, 1990, by an individual described in subsection (b) if that proceeding directly resulted in the termination of such marriage. (b) COVERED INDIVIDUALS. — An individual referred to in subsection (a) is an individual who, but for the marital relationship referred to in subsection (a), would be considered to be the surviving spouse of a veteran. 38 USC 1310 SEC. 104. GAO REPORT RELATING TO THE PROVISION OF BENEFITS note. TO SURVIVORS OF VETERANS AND MEMBERS OF THE ARMED FORCES. (a) IN GENERAL.—The Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report with respect to the most appropriate combmation of financial, health-care, educational, and other survivor benefits to meet the needs of survivors of veterans. (b) CONTENTS OF REPORT.— The report shall include the following: (1) A review and compilation of data on current and proposed survivor benefits programs that will permit an assessment of the adequacy of such benefits programs, including information on—