Ernest Peltz Accrued Veterans Benefits Act
Floor Speech
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Mr. BOST. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 3123) to amend title 38, United States Code, to make certain improvements to laws relating to the payment of certain benefits administered by the Secretary of Veterans Affairs that are affected by death, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 3123
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ernest Peltz Accrued Veterans Benefits Act''. SEC. 2. PAYMENT BY SECRETARY OF VETERANS AFFAIRS OF PENSION AFTER DEATH OF A VETERAN IN CERTAIN CIRCUMSTANCES.
(a) In General.--Chapter 51 of title 38, United States Code, is amended by inserting, after section 5121A, the following new section: ``Sec. 5121B. Payment of pension after death of a veteran in
certain circumstances
``(a) In General.--Subject to subsection (b), if the Secretary issues a decision awarding entitlement to a pension to a veteran before the death of such veteran, and the Secretary issues payment of such pension after the veteran dies, such pension that was due and unpaid at the time of the veteran's death shall be paid to the first living person or entity listed below:
``(1) The veteran's spouse.
``(2) The veteran's children (in equal shares).
``(3) The veteran's dependent parents (in equal shares).
``(4) The estate of the deceased veteran unless the estate will escheat.
``(b) Limitation.--In a case described in subsection (a), if no application is filed under section 5121 of this title during the one-year period following the death of the veteran, the pension described in such subsection shall be paid to the estate of the deceased veteran unless the estate will escheat.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendment.--Section 5121(a) of such title is amended, in the matter preceding paragraph (1), by inserting ``section 5121B of this title, or'' before ``sections 3329 and 3330''.
(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 5121A, the following new item: ``5121B. Payment of pension after death of a veteran in certain circumstances.''.
(c) Effective Date.--The amendments made by this section shall apply with respect to the death of a veteran that occurs on or after the date of the enactment of this Act. SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by striking ``January 31, 2033'' and inserting ``February 28, 2033''.
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Mr. BOST. 3123, as amended.
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Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 3123, as amended, offered by my colleague Representative Elise Stefanik of New York.
This bill would require VA to pay out a due and unpaid pension to a veteran's next of kin in cases where the VA issues a decision granting a claim for a pension to a veteran, but the veteran passed away before VA had issued the first payment.
In the rare circumstances where an elderly veteran dies in the period between their VA pension being approved and receipt of their first payment, a surviving family should be able to rely on those funds as a source of support to honor their veteran's legacy.
Veterans eligible for the VA pension must be at least 65 years old and meet the annual net worth limit.
A great portion of eligible veterans served in the Korean war, Vietnam war, and Gulf war. This legislation would close the loophole and prevent VA bureaucracy from being forced to take back benefits delivered to the veteran who earned it through their service.
Families grieving a veteran's passing should not have to worry that VA will go after them to recover a pension payment.
This legislation would prevent those situations while recognizing our commitment to honor those who have served this country.
Madam Speaker, I urge all of my colleagues to support H.R.
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Mr. BOST. Madam Speaker, at this time I yield such time as she may consume to the gentlewoman from New York (Ms. Stefanik), the sponsor of this bill.
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Mr. BOST. Madam Speaker, once again, I encourage all Members to support this legislation, and I yield back the balance of my time.
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Mr. BOST. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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