Sec. CHAPTER XVIII PENSION LAWS RELATING LARGELY TO OTHER DEPARTMENTS AND BUREAUS 1. Twenty years' service in Navy or Marine Corps. 2. Ten years' service in Navy or Marine Corps. 3. Medal-of-honor roll; special pension of 4. Medal-of-honor pensions; how paid. 6. Existing pension laws not applicable to 8. Pension not withheld from beneficiaries Sec. 9. War risk insurance act not applicable to persons entering the service after six months from August 9, 1921. 10. Pension laws applicable to persons en- 11. War risk compensation may be paid for 13. Pension and compensation not payable 14. Pension laws not applicable-when. U. S. C. Title Section 1. Twenty years' service in Navy or Marine Corps. Sec. 4756, R. S. There shall be paid out of the naval pension fund to every 38, sec. 229. person who, from age or infirmity, is disabled from sea service but who has served as an enlisted person, or as an appointed petty officer, or both, in the Navy or Marine Corps for the period of twenty years, and not been discharged for misconduct, in lieu of being provided with a home in the Naval Asylum, Philadelphia, if he so elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the direction of the Commissioner of Pensions; and applications for such pension shall be made. to the Secretary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this section, shall certify the same to the Commissioner of Pensions, and such certificate shall be his warrant for making payment as herein authorized. Sec. 2. Ten years' service in Navy or Marine Corps.-Every disabled person who has served in the Navy or Marine Corps as an enlisted man, or as an appointed petty officer, or both, for a period not less than ten years, and not been discharged for misconduct, may apply to the Secretary of the Navy for aid from the surplus income of the naval pension fund; and the Secretary of the Navy is authorized to convene a board of not less than three naval officers, one of whom shall be a surgeon, to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy, and a certificate thereof to the Commissioner of Sec. 4757, R. S. U. S. C. Title 38, sec. 230. Act Apr. 27, 1916, vol. 39, p. 53. U. S. C. Title 38, sec. 391. Application. Pensions, the amount shall be paid in the same manner as is provided in the preceding section for the payment to persons disabled by long service in the Navy; but no allowance so made shall exceed the rate of a pension for full disability corresponding to the grade of the applicant, nor, if in addition to a pension, exceed one-fourth the rate of such pension. Note.-Sections 4756 and 4757, Revised Statutes, as amended by act December 23, 1886 (24 Stat. L. 353, as construed by Secretary of the Interior, 12 P. D. 166), grant money benefits over the allowance of which the Commissioner of Pensions has no jurisdiction, and are intended to be a further provision for the support of the beneficiaries thereunder in addition to the pension granted by the pension laws. Section 4715, Revised Statutes, and proviso of second section of act June 27, 1890, have no application to this class of cases. Sec. 3. Medal-of-honor roll; special pension of $10.—That there is hereby established in the War Department and Navy Department, respectively, a roll designated as "the Army and Navy medal-of-honor roll." Upon written application made to the Secretary of the proper department, and subject to the conditions and requirements hereinafter contained, the name of each surviving person who has served in the military or naval service of the United States in any war, who has attained or shall attain the age of sixty-five years, and who has been awarded a medal of honor for having in action involving actual conflict with an enemy distinguished himself conspicuously by gallantry or intrepidity, at the risk of his life, above and beyond the call of duty, and who was honorably discharged from service by muster out, resignation, or otherwise, shall be, by the Secretary of the proper department, entered and recorded on said roll. Applications for entry on said roll shall be made in such form and under such regulations as shall be prescribed by the War Department and Navy Department, respectively, and proper blanks and instructions shall be, by the proper Secretary, furnished without charge upon request made by any person claiming the benefits of this act. SEC. 2. That it shall be the duty of the Secretary of War and of the Secretary of the Navy to carry this act into effect and to decide whether each applicant, under this act, in his departAward of medal. ment is entitled to the benefit of this act. If the official award of Certificate. the medal of honor to the applicant, or the official notice to him thereof, shall appear to show that the medal of honor was awarded to the applicant for such an act as is required by the provisions of this act, it shall be deemed sufficient to entitle the applicant to such special pension without further investigation. Otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence now on file in any public office or department shall be considered. A certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the medal of honor was awarded, and of enrollment under this act, and of the right of the special pensioner to be entitled to and to receive the special pension herein granted, shall be furnished each person whose name shall be so entered on said roll. The Secretary of War and the Secretary of the Navy shall deliver to the Commissioner of pensions a certified copy of each of such of said certificates as he may issue, as aforesaid, and the same shall be full and sufficient authority to the Commissioner of Pensions for the payment by him to the beneficiary named in each such certificate the special pension herein provided for. SEC. 3. That each such surviving person whose name shall have been entered on said roll in accordance with this act shall be entitled to and shall receive and be paid by the Commissioner of Pensions in the Department of the Interior, out of any moneys in the Treasury of the United States not otherwise appropriated, a special pension of $10 per month for life, payable quarter Rate $10. yearly. The Commissioner of Pensions shall make all necessary rules and regulations for making payment of such special pensions to the beneficiaries thereof. Such special pension shall begin on the day that such person shall file his application for enrollment on said roll in the office of the Secretary of War or of the Secretary of the Navy after the passage and approval of this act, and shall continue during the life of the beneficiary. Such special pension shall not deprive any such special pensioner of any other pension or of any benefit, right, or privilege to which he is or may hereafter be entitled under any existing or subsequent law, but shall be in addition thereto. The special pension allowed under this act shall not be subject to any attachment, execution, levy, tax, lien, or detention under any process whatever. SEC. 4. That in case any person has been awarded two or more medals of honor, he shall not be entitled to and shall not receive more than one such special pension. Rank in the service shall not be considered in applications filed hereunder. Commence ment. Other pensions not affected. Two or more medals. Rank. 242. Sec. 4. Medal-of-honor pensions; how paid. And provided Act June 30, further, That all allowances made, or hereafter to be made, to 1916, vol. 39, p. medal-of-honor pensioners under the act of Congress approved U. S. C., title April twenty-seventh, nineteen hundred and sixteen, shall be paid 38, sec. 393. from the moneys appropriated for the payment of invalid and other pensions, and section three of the said act of April twentyseventh, nineteen hundred and sixteen, is amended accordingly. Sec. 5. Increased rate of $25 to certain widows-Civil War, Sec. 314, act Oct. 6, 1917, vol. war with Spain, and Philippine insurrection.-That from and 40, p. 408 (war risk insurance after the passage of this act the rate of pension for a widow of act). an officer or enlisted man of the Army, Navy, or Marine Corps U. S. C., title of the United States who served in the Civil War, the war with 38, sec. 287. Spain, or the Philippine insurrection, now on the pension roll or hereafter to be placed on the pension roll, and entitled to receive a less rate than hereinafter provided, shall be $25 per month; and nothing herein shall be construed to affect the additional allowance provided by existing pension laws on account of a helpless child or child under sixteen years of age: Provided, however, That this act shall not be so construed as to reduce any pension under any act, public or private: And provided further, That the provisions of this section shall be administered, executed, and enforced by the Commissioner of Pensions. Sec. 312, war risk insurance 1918, vol. 40, p. 613. Sec. 6. Existing pension laws not applicable to persons in act, as amended the active service October 6, 1917, or entering it thereafter.by act June 25, That compensation under this article shall not be paid while the person is in receipt of service or retirement pay. The laws (Repealed by providing for gratuities or payments in the event of death in act June 7, 1924, vol. 43, p. 607.) the service and existing pension laws shall not be applicable after the enactment of this amendment to any person in the active military or naval service on the sixth day of October, nineteen hundred and seventeen, or who thereafter entered the active military or naval service, or to their widows, children, or their dependents, except in so far as rights under any such law have heretofore accrued. Secs. 10 and 11, act Dec. 24, 1919 * * Sec. 7. Pension and compensation not payable for same (war risk insur- period.-* That section 301 of the war risk insurance ance act), vol. 41, pp. 372-374. act as amended shall be deemed to be in effect as of April 6, 1917: Provided, however, That before compensation thereunder (Amended by act June 7, 1924, shall be paid there shall first be deducted from said sum so to vol. 43, p. 607.) be paid the amount of any payments such person may have received by way of gratuities or payments under pension laws in force and existence between April 6, 1917, and October 6, 1917. Sec. 7, act Sept. p. 743. Sec. 8. Pension not withheld from beneficiaries of the United 7, 1916, vol. 39, States employees' compensation act.-That as long as the emU. S. C., title ployee is in receipt of compensation under this act, or, if he has 5, sec. 757. been paid a lump sum in commutation of installment payments, until the expiration of the period during which such installment payments would have continued, he shall not receive from the United States any salary, pay, or remuneration whatsoever except in return for services actually performed, and except pensions for service in the Army or Navy of the United States. Sec. 22, act of Sec. 9. War risk insurance act not applicable to persons Aug. 9, 1921, vol. 42, p. 155. entering the service after six months from August 9, 1921.(Repealed by act June 7, 1924, A new section is hereby added to Article III of the war risk invol. 43, p. 607.) surance act to be known as section 315, and to read as follows: Act Sept. 22, 1922, vol. 42, p. 1038. "SEC. 315. That no person admitted into the military or naval forces of the United States after six months from the passage of this amendatory act shall be entitled to the compensation or any other benefits or privileges provided under the provisions of Article III of the war risk insurance act, as amended." Sec. 10. Pension laws applicable to persons entering the service after six months from August 9, 1921.-That section (Rendered ineffective by act 312 of the war risk insurance act, as amended by section 17 of June 7, 1924, the act of June 25, 1918 (Fortieth Statutes, page 613), shall not vol. 43, p. 607.) be construed as making the pension laws inapplicable to persons admitted into the military or naval service after six months from the passage of the act of August 9, 1921, establishing the Veterans' Bureau and adding section 315 to the war risk insurance act. Sec. 2, act Mar. * * * Sec. 11. War risk compensation may be paid for disability 4, 1923, vol. 42, p. 1523. contracted prior to April 6, 1917, to persons in the service (Superseded by act June 7, 1924, April 6, 1917, and discharged thereafter. And provol. 43, p. 607.) vided further, That compensation as hereinafter provided may be paid for disability resulting from personal injury or disease Sec. 201, act Mar. 4, 1925. (See also sec. contracted in line of duty prior to April 6, 1917, or for aggravation of a disability existing prior to examination, acceptance, and enrollment in service, for such aggravation suffered and contracted in line of duty prior to April 6, 1917, by any member of the military or naval forces in active service on April 6, 1917, who was discharged subsequent to April 6, 1917. With the exception of members of the military and naval forces whose injury was suffered or disease contracted prior to April 6, 1917, this section shall be deemed to be in effect as of April 6, 1917. Sec. 12. Both pension and compensation may be paid in certain cases."(7) That this section shall be deemed to be in effect as of April 6, 1917: Provided, however, That the receipt of a gratuity, pension, or compensation, including adjusted compensa- 617.) Vol. 43, p. 1305. tion, by widow, child, or parent, on account of the death, disability, U. S. C. Title or service of any person shall not bar the payment of compensa- 38, sec. 472 (7). tion on account of the death or disability of any other person: Provided, That before compensation under this section shall be paid the claimant shall first surrender all claim to any gratuity or pension payable under any other law on account of the death of the same person: Provided further, That no changes in rates or compensation made by this act shall be retroactive in effect." 21, act June 7, 1924, vol. 43, p. June 7, 1924, Sec. 13. Pension and compensation not payable for same Sec. 202, act period, except in certain cases.-(15) That any person who is vol. 48, p. 621. now receiving a gratuity or pension from the United States under Act Mar. 4, existing law shall not receive compensation under this section 1925, vol. 43, p. unless he shall first surrender all claim to further payments of U. S. C. Title such gratuity or pension, except as provided in subdivision 7 of 38, sec. 489. section 201. 1306. 798. 38, sec. 422. Sec. 14. Pension laws not applicable.-This act is intended to Act of July 2, provide a system for the relief of persons who were disabled, and 1926, vol. 44, p. for the dependents of those who died as a result of disability suf- U. S. C. Title fered in the military service of the United States between April 6, 1917, and July 2, 1921. For such disabilities and deaths no other pension laws or laws providing for gratuities or payments in the event of death in the service shall be applicable: Provided, however, That the laws relating to the retirement of persons in the regular military or naval service shall not be considered to be laws providing for pensions, gratuities, or payments within the meaning of this section: And provided further, That compensation under this title shall not be paid while the person is in receipt of active service or retirement pay, this proviso to be effective as of April 6, 1917. Titles II and IV of this act shall not be applicable to any disability or resultant death in the service if such disability occurred as a result of service prior to April 6, 1917, or after July 2, 1921: Provided, however, That the schedule of ratings provided by section 202 (4) of this statute shall hereafter be applicable to disabilities occurring as a result of service prior to April 6, 1917, or after July 2, 1921, wherever a person has an accrued right to compensation under section 602 of the World War veterans' act, 1924. Act of July 2, 1926, vol. 44, p. Sec. 15. Hospital facilities for veterans of wars-Hospitalization in insular possessions.-All hospital facilities under the 794. control and jurisdiction of the bureau shall be available for every 38, sec. 484. U. S. C. Title |