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HR 3123 - Ernest Peltz Accrued Veterans Benefits Act - National Key Vote

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Title: Ernest Peltz Accrued Veterans Benefits Act

Vote Smart's Synopsis:

Vote to pass a bill that establishes procedures for the Department of Veterans Affairs to issue a pension that was due but unpaid at the time of a veteran's death.

Highlights:

  • Establishes procedures for the Department of Veterans Affairs (VA) to issue a pension that was due but unpaid at the time of a veteran’s death (Sec. 2).

  • Specifies that if the VA issues a decision awarding entitlement to a pension to a veteran prior to the veteran’s death but issues the payment after the veteran dies, the pension must be paid to the first available recipient on the following list (Sec. 2):

    • The veteran’s living spouse;

    • The veteran’s living children;

    • The veteran’s living dependent parents; or

    • The estate of the veteran, unless the estate will escheat (i.e., transfer to the state).

  • Requires a claimant of accrued benefits to file an application within one year after the veteran's death in order to be eligible for such pension payments (Sec. 2).

  • Specifies that if no application for accrued benefits is filed within one year following the death of the veteran, the pension must be paid to the veteran’s estate unless the estate will escheat (Sec. 2).

NOTE: THIS VOTE WAS TAKEN UNDER A SUSPENSION OF THE RULES TO CUT OFF DEBATE EARLY AND VOTE TO PASS THE BILL, THEREBY REQUIRING A TWO-THIRDS MAJORITY FOR PASSAGE.

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