118 STAT. 3610 PUBLIC LAW 108–454—DEC. 10, 2004 TITLE III—BENEFITS MATTERS SEC. 301. ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSA- TION FOR SURVIVING SPOUSES WITH DEPENDENT CHIL- DREN. (a) ADDITIONAL DEPENDENCY AND INDEMNITY COMPENSATION.— Section 1311 is amended by adding at the end the following new subsection: ‘‘(e)(1) Subject to paragraphs (2) and (3), if there is a surviving spouse with one or more children below the age of 18, the depend- ency and indemnity compensation paid monthly to the surviving spouse shall be increased by $250, regardless of the number of such children. ‘‘(2) Dependency and indemnity compensation shall be increased under this subsection only for months occurring during the two- year period beginning on the date on which entitlement to depend- ency and indemnity compensation commenced. ‘‘(3) The increase in dependency and indemnity compensation of a surviving spouse under this subsection shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18. ‘‘(4) Dependency and indemnity compensation under this sub- section is in addition to any other dependency and indemnity com- pensation payable under this chapter.’’. (b) EFFECTIVE DATE.—Subsection (e) of section 1311 of title 38, United States Code, as added by subsection (a), shall take effect with respect to payments for the first month beginning after the date of the enactment of this Act. SEC. 302. OFFSET OF VETERANS’ DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION FROM AWARDS UNDER RADIATION EXPOSURE COMPENSATION PROGRAM. (a) OFFSET IN LIEU OF FORFEITURE FROM DISABILITY COM- PENSATION.—Subsection (c) of section 1112 is amended by adding at the end the following new paragraph: ‘‘(4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act.’’. (b) OFFSET IN LIEU OF FORFEITURE FROM DEPENDENCY AND INDEMNITY COMPENSATION.—Section 1310 is amended by adding at the end the following new paragraph: ‘‘(c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity com- pensation the amount of the payment under that Act.’’. (c) EFFECTIVE DATE.—Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning 38 USC 1112 note. 38 USC 1311 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00144 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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