PL 108-1 83

A Compensation & Pension Manager's Conference Call on February 19, 2004, addresses questions regarding PL 108-183. They are as follows:

We have received many questions concerning two provisions of the recently enacted PL 108-183. Those questions concern the restoration/continuation of DIC benefits for surviving spouses who remarry after age 57, and payment of a plot allowance to a state cemetery in certain death cases.

Restoration/continuation of DIC Benefits Section 101 of the law creates two classes of eligible survivors

(1) survivors who prior to the date of the law, 12/16/03, remarried after reaching the age of 57 and who were then terminated from the DIC rolls. Those survivors have one year from the date of the law that is until 12/16/04, to apply for reinstatement. If they do, benefits are to be retroactive to January 1, 2004. If such a survivor does not file a claim for reinstatement prior to 12/16/04, they cannot be restored to the rolls.

(2) Survivors who are currently on the DIC rolls, and who remarry after 12/16/03, after reaching the age of 57, may continue to stay on the DIC rolls.

Payment of plot allowance to a state cemetery Section 501 of the law expands existing law to allow payment of the $300 plot allowance to a state cemetery for the interment of veterans who did not serve during a wartime period and for veterans who died as a result of service connected disabilities and who survivors sought entitlement to service connected burial benefits under section 2307 of Title 38. The plot allowance payable to the state is in addition to payment to survivors of the service connected burial benefit. We have been advised by General Counsel that this provision applies to burials which occur after the date of legislation, December 16, 2003.

We definitely want to ensure that we get the word out to widows that received DIC, remarried and are age 57 or older.

They only have one year to apply for reinstatement.

If you have any questions, please contact the nearest VA Office or Veterans Representative in your area.