Ernest Peltz Accrued Veterans Benefits Act
The Ernest Peltz Accrued Veterans Benefits Act adds a new provision (Sec. 5121B) to title 38 U.S.C. to ensure that pension benefits awarded to a veteran before death, but unpaid at the time of death, are paid to eligible survivors or, if none exist, to the veteran’s estate (subject to whether the estate would escheat). The order of payment is: (1) the veteran’s spouse, (2) the veteran’s children (in equal shares), (3) the veteran’s dependent parents (in equal shares), and (4) the veteran’s estate (unless the estate would escheat). If no eligible survivor files an application within one year after death, the pension is paid to the estate unless the estate would escheat. The bill applies to deaths occurring on or after the enactment date and updates cross-references in the pension statute accordingly. The bill was introduced by Rep. Stefanik (joined by Rep. Khanna) and referred to the House Committee on Veterans’ Affairs.
Key Points
- 1Establishes a new Sec. 5121B: Payment of pension after death in certain circumstances.
- 2Payment priority if an eligible pension award was made before death but unpaid after death:
- 3One-year filing deadline: If no application is filed under Sec. 5121 within one year after the veteran’s death, the pension is paid to the estate unless the estate would escheat.
- 4Technical/clerical changes: Adds cross-reference to include Sec. 5121B in existing pension-related provisions and updates the table of sections accordingly.
- 5Effective date: Provisions apply to deaths occurring on or after enactment.