PUBLIC LAWS-CHS. 267, 268-MAY 24, 1938 May 24, 1938 [H. R. 50301 [Public, No. 541] Pensions. Service of 90 days or more during War with Spain, Philippine In- surrection, or China Relief Expedition. If discharged for dis- ability. Pensionable status on reaching age of 65 years. Provisos. Leaves of absence and furloughs. Provisions extended to female contract nurses. Increase for pension- er helpless by age, dis- ability, etc., requiring an attendant. Commencemen t of payment. Payment, if pen- sioner deceased. Army and Navy Medal of Honor Roll, pensions not affected. Provisos. Soldiers' Home,etc., inmates. of the Public Health Service relating to the prevention, treatment, and control of venereal diseases, or the expenditure of money therefor." Approved, May 24, 1938. [CHAPTER 268] AN ACT Granting pensions and increases of pensions to certain soldiers, sailors, and nurses of the War with Spain, the Philippine Insurrection, or the China Relief Expe- dition, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who served ninety days or more in the military or naval service of the United States during the War with Spain, the Philippine Insur- rection, or the China Relief Expedition between the dates of April 21, 1898, and July 4, 1902, both dates inclusive, and who have been honorably discharged therefrom, or who, having served less than ninety days, were discharged for disability incurred in the service in line of duty, upon reaching the age of sixty-five years shall, upon making proof of such fact, be placed upon the pension roll and entitled to receive a pension of $60 a month: Provided, That all leaves of absence and furloughs under General Orders, Numbered 130, August 29, 1898, War Department, shall be included in determining the period of pensionable service: Provided further, That the provi- sions, limitations and benefits of this section be, and hereby are, extended to and shall include any woman who served honorably as a nurse, chief nurse, or superintendent of the Nurse Corps under con- tract for ninety days or more between April 21, 1898, and February 2, 1901, inclusive, and to any such nurse, regardless of length of service, who was released from service before the expiration of the ninety days because of disability contracted by her while in the service in line of duty. SEC. 2. Any soldier, sailor, or marine, or nurse with service as defined in section 1 of this Act now on the pension roll or who may be hereafter entitled to a pension under existing laws, or under this Act on account of his service during the War with Spain, the Philip- pine Insurrection, or China Relief Expedition, who is now or here- after may become, on account of age or physical or mental disabilities, helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person, shall be given a rate of $100 a month. SEC. 3 . That the pension or increased rate of pension herein pro- vided for shall commence from the date of filing application therefor after the approval of this Act in such form as may be prescribed by the Administrator of Veterans' Affairs, provided they are entitled to a pension under the provisions of this Act, and the issue of a check in payment of a pension for which the execution and submission of a voucher was not required shall constitute payment in the event of the death of the pensioner on or after the last day of the period cov- ered by such check, and it shall not be canceled, but shall become an asset of the estate of the deceased pensioner. SEC. 4 . Nothing contained in this Act shall be held to affect or diminish the additional pension to those on the roll designated as the Army and Navy Medal of Honor Roll, as provided by the Act of April 27, 1916, but any pension or increase of pension herein pro- vided for shall be in addition thereto: Provided, That no one while an inmate of the United States Soldiers' Home or of any National or State Soldiers' Home, and while the Government of the United States contributes toward defraying the expense incurred in pro- 440 [52 STAT.
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