PUBLIC LAW 95-588—NOV. 4, 1978
92 STAT. 2507
CONFORMING AMENDMENT RELATING TO PROHIBITION ON CONCURRENT PENSIONS
SEC. 304. Paragraph (1) of section 3104(b) of title 38, United States Code, is amended by inserting "of this subsection and in section 521(i) of this title" after "(2) and (3)". A N N U A L COST-OF-LIVING
ADJUSTMENTS
S E C 305. (a) Chapter 53 of title 38, United States Code, is amended by adding at the end thereof the following new section: 38 USC 3112.
- § 3112. Annual adjustment of certain benefit rates
" (a) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act as a result of a determination made 42 USC 401. under section 215(i) of such Act, the Administrator shall, effective on 42 USC 415. the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 521, 541, and 542 of this title and the rate of increased pension paid under such sections 521 and 541 on account of children, as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. "(b)(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act as a result of a determination made under section 215(i) of such Act, the Administrator shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsection (h), of section 415 of such title and the annual income limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such section, as such rates and limitations were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. " (2)(A) Whenever there is an increase under paragraph (1) of this subsection in such rates and annual income limitations, the Administrator shall, effective on the date of such increase in such rates and limitations, adjust (as provided in subparagraph (B) of this paragraph) the rates of dependency and indemnity compensation payable under subsection (b)(1) or (c)(1) of section 415 of this title to any parent whose annual income is more than $800 but not more than the annual income limitation in effect under subsection (b)(3) or (c)(3) of such section, as appropriate, and adjust the rates of such compensation payable under subsection (d)(1) of such section to any parent whose annual income is more than $1,000 but not more than the annual income limitation in effect under subsection (d)(3) of such section. "(B) The adjustment in rates of dependency and indemnity com- Regulations pensation referred to in subparagraph (A) of this paragraph shall be made by the Administrator in accordance with regulations which the Administrator shall prescribe. "(c)(1) Whenever there is an increase under subsection (a) in Publication in benefit rates payable under sections 521, 541, and 542 of this title and Federal an increase under subsection (b) in benefit rates and annual income Register. limitations under section 415 of this title, the Administrator shall publish such rates and limitations (including those rates adjusted by the Administrator under subsection (b)(2) of this section), as increased
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