Page:United States Statutes at Large Volume 96 Part 1.djvu/844

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 802 Waiver.

38 USC 3105.

38 USC 3110.

"Award or increased award."

PUBLIC LAW 97-253—SEPT. 8, 1982 "(2) If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 3105 of this title, such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date. "(c) This section shall apply to payments made pursuant to section 3110 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran's death, for the month in which such veteran's death occurred. "(d) For the purposes of this section, the term 'award or increased award' means— "(1) an original or reopened award; or "(2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3010 the following new item: "3011. Commencement of period of payment.".

Effective date. 38 USC 3011 note.

(b) Section 3011 of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982. ADVANCEMENT OF EFFECTIVE DATE OF CERTAIN REDUCTIONS OF COMPENSATION AND PENSION

38 USC 3012 note.

SEC. 402. (a) Section 3012(b)(2) of title 38, United States Code, is amended by striking out "calendar year" and inserting in lieu thereof "month". (b) The amendment made by subsection (a) shall apply with respect to any marriage, annulment, divorce, or death that occurs after September 30, 1982. ROUNDING DOWN OF PENSION TO NEAREST DOLLAR

SEC. 403. (a)(1) Chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 38 USC 3023. 38 USC 521, 541, 542. 38 USC 521 note.

"§ 3023. Rounding down of pension rates "The monthly or other periodic rate of pension payable to an individual under section 521, 541, or 542 of this title or under section 306(a) of the Veterans' and Survivors' Pension Improvement Act of 1978 (Public Law 95-588), if not a multiple of $1, shall be rounded down to the nearest dollar.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "3023. Rounding down of pension rates.".

38 USC 3023 note.

(b) The amendment made by this section shall apply with respect to amounts payable for periods beginning after May 31, 1983.