Text: H.R.6371 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (09/29/2010)


111th CONGRESS
2d Session
H. R. 6371


To amend title 38, United States Code, to provide for the payment of a monthly stipend to the surviving parents (known as “Gold Star parents”) of members of the Armed Forces who die during a period of war.


IN THE HOUSE OF REPRESENTATIVES

September 29, 2010

Mr. Nye introduced the following bill; which was referred to the Committee on Veterans’ Affairs


A BILL

To amend title 38, United States Code, to provide for the payment of a monthly stipend to the surviving parents (known as “Gold Star parents”) of members of the Armed Forces who die during a period of war.

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 “Gold Star Parents Annuity Act of 2010”.

SEC. 2. Special pension for Gold Star parents.

(a) Special Pension.—

(1) IN GENERAL.—Chapter 15 of title 38, United States Code, is amended by adding at the end the following new subchapter:

“SUBCHAPTER VSPECIAL PENSION FOR GOLD STAR PARENTS

§ 1571. Gold Star parents

“(a) Monthly payment.—The Secretary shall pay monthly to each person who has received a gold star lapel button under section 1126 of title 10 as a parent of a person who died in a manner described in subsection (a) of that section a special pension in an amount determined under subsection (b).

“(b) Amount.—The amount of special pension payable under this section with respect to the death of any person shall be $125 per month. In any case in which there is more than one parent eligible for special pension under this section with respect to the death of a person, the Secretary shall divide the payment equally among those eligible parents.

“(c) Relationship to other laws.—The receipt of special pension under this section shall not deprive any person of any other pension or other benefit, right, or privilege to which such person is or may hereafter be entitled under any existing or subsequent law. Special pension under this section shall be paid in addition to all other payments under laws of the United States.

“(d) Treatment of special pension.—Special pension under this section shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatsoever.

“(e) Definition of parent.—For purposes of this section, the term ‘parent’ has the meaning provided in section 1126(d)(2) of title 10.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 15 of such title is amended by adding at the end the following:

“SUBCHAPTER V—SPECIAL PENSION FOR GOLD STAR PARENTS”.


“1571. Gold Star parents.”.

(b) Effective date.—

(1) IN GENERAL.—Section 1571 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2011, and apply with respect to deaths occurring on or after that date.

(2) RETROACTIVE PAYMENTS.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to any person who is entitled to a pension under that section by reason of the death of an individual during the period beginning October 1, 2011, and ending on the date of the enactment of this Act, an amount equal to the total amount of pension to which that person is entitled under that section for that period.