Page:United States Statutes at Large Volume 60 Part 1.djvu/1006

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 951-AUG. 10 , 1946 TITLE HI-BENEFITS IN CASE OF DECEASED WORLD WAR II VETERANS SEC. 201. The Social Security Act, as amended, is amended by adding after subsection (r) of section 209 of Title II (added to such section by section 411 of this Act) a new section to read as follows: "B EN EFITS IN CASE OF DECEASED WORLD WAR II VETERANS "SEC. 210. (a) Any individual who has served in the active mili- tary or naval service of the United States at any time on or after September 16, 1940, and prior to the date of the termination of World War II, and who has been discharged or released therefrom under conditions other than dishonorable after active service of ninety days or more, or by reason of a disability or injury incurred or aggravated in service in line of duty, shall in the event of his death during the period of three years immediately following separation from the active military or naval service, whether his death occurs on, before, or after the date of the enactment of this section, be deemed- "(1) to have died a fully insured individual; "(2) to have an average monthly wage of not less than $160; and " (3) for the purposes of section 209 (e) (2), to have been paid not less than $200 of wages in each calendar year in which he had thirty days or more of active service after September 16, 1940. This section shall not apply in the case of the death of any individual occurring (either on, before, or after the date of the enactment of this section) while he is in the active military or naval service, or in the case of the death of any individual who has been discharged or released from the active military or naval service of the United States subsequent to the expiration of four years and one day after the date of the termination of World War II. "(b) (1) If any pension or compensation is determined by the Veterans' Administration to be payable on the basis of the death of any individual referred to in subsection (a) of this section, any monthly benefits or lump-sum death payment payable under this title with respect to the wages of such individual shall be determined without regard to such subsection (a). "(2) Upon an application for benefits or a lump-sum death pay- ment with respect to the death of any individual referred to in sub- section (a), the Federal Security Administrator shall make a decision without regard to paragraph (1) of this subsection unless he has been notified by the Veterans' Administration that pension or compensa- tion is determined to be payable by the Veterans' Administration by reason of the death of such individual. The Federal Security Admin- istrator shall notify the Veterans' Administration of any decision made by him authorizing payment, pursuant to subsection (a), of monthly benefits or of a lump-sum death payment. If the Veterans' Administration in any such case has made an adjudication or there- after makes an adjudication that any pension or compensation is payable under any law administered by it, by reason of the death of any such individual, it shall notify the Federal Security Administra- tor, and the Administrator shall certify no further benefits for pay- ment, or shall recompute the amount of any further benefits payable, 979 49 Stat. 620. 42U. .c. i.301- 1307; Supp. V , ! 401 e seq. Ante, p. 732; post, pp. 981, 982 t seq. 53 Stat. 1373. 42U.S.0. 1409(e) (2). Nonappllcability. Monthly benefits, etc. Decision by Admin- Istrator. Notice of adjudia- tion.