Page:United States Statutes at Large Volume 72 Part 1.djvu/1170

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[72 Stat. 1128]
[72 Stat. 1128]
PUBLIC LAW 85-000—MMMM. DD, 1958

1128

PUBLIC LAW 85-857-SEPT. 2, 1958

[72 STAT.

(d) The laws referred to in subsection (b)(1) are— (1) section 412 of this title; 42 use402,403. (2) section 402 of title 42 (including the reduction provisions of subsection (a) of section 403 of title 42, but without regard to the deduction provisions of section 403); and 22V y^^ ^^* (^) section 228e of title 45 (including the reduction provisions of section 228c-l (i) and 228e r h) of title 45). (e) The amount referred to in subsection (b)(2) is an amount equal to the total of the monthly benefits to which a widow and two children of a deceased fully and currently insured individual would be entitled under section 402 of title 42 (after reduction under subsection (a) of section 403 of title 42 but without regard to deduction provisions of section 403) if such deceased individual's average monthly wage had been $160. (f) The amount referred to in subsection (b)(1) shall be determined by the Secretary of Health, Education, and Welfare, or the Railroad Retirement Board, as the case may be, and shall be certified to the Administrator upon his request. § 412. Benefits in certain cases of in-service or service-connected deaths I n the case of any veteran— (1) who dies after December 31, 1956, and is not a fully and 42 USC 414. currently insured individual (as defined in section 414 of title 42) at the time of his death; and (2) whose death occurs— (A) while on active duty, active duty for training, or inactive duty training; or (B) as the result of a service-connected disability incurred after September 15, 1940; and (3) who leaves one or more survivors who are not entitled for any month to monthly benefits under section 402 of title 42 on the basis of his wages and self-employment income but who would, upon application therefor, be entitled to such benefits if he had been fully and currently insured at the time of his death; the Administrator shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor 42 USC 401 et under subchapter II of chapter 7 of title 42, if such veteran had been both fully and currently insured at the time of his death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Administrator. § 413. Dependency and indemnity compensation to children Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: (1) One child, $70. (2) Two children, $100. (3) Three children, $130. (4) More than three children, $130, plus $25 for each child in excess of three. § 414. Supplemental dependency and indemnity compensation to children (a) I n the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to him shall be increased by $25.