[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Notices]
[Pages 65089-65090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30643]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Cost-of-Living Adjustments and Headstone or Marker Allowance Rate
AGENCY: Department of Veterans Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: As required by law, the Department of Veterans Affairs (VA) is
hereby giving notice of cost-of-living adjustments (COLAs) in certain
benefit rates and income limitation. These COLAs affect the pension and
parents' dependency and indemnity compensation (DIC) programs. These
adjustments are based on the rise in the Consumer Price Index (CPI)
during the one-year period ending September 30, 1995. VA is also giving
notice of the maximum amount of reimbursement that may be paid for
headstones or markers purchased in lieu of Government-furnished
headstones or markers in Fiscal Year 1996, which began on October 1,
1995.
DATES: These COLAs are effective December 1, 1995. The headstone or
marker allowance rate is effective October 1, 1995.
FOR FURTHER INFORMATION CONTACT:
Paul Trowbridge, Consultant, Regulations Staff, Compensation and
Pension Service (211B), Veterans Benefit Administration, Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202)
273-7210.
SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 2306(d), VA may provide
reimbursement for the cost of non-Government headstones or markers at a
rate equal to the actual cost or the average actual cost of Government-
furnished headstones or markers during the fiscal year preceding the
fiscal year in which the non-Government headstone or marker was
purchased, whichever is less.
Section 8041 of Public Law 101-508 amended 38 U.S.C. 2306(d) to
eliminate the payment of the monetary allowance in lieu of VA-provided
headstone or marker for deaths occurring on or after November 1, 1990.
However, in a precedent opinion (O.G.C. Prec. 17-90), VA's General
Counsel held at that there is no limitation period applicable to claims
for benefits under the provisions of 38 U.S.C. 2306(d).
The average actual cost of Government-furnished headstones or
markers during any fiscal year is determined by dividing the sum of VA
costs during that fiscal year for procurement, transportation, Office
of Memorial Programs and miscellaneous administration, inspection and
support staff by the total number of headstones and markers procured by
VA during that fiscal year and rounding to the nearest whole dollar
amount.
The average actual cost of Government-furnished headstones or
markers for Fiscal Year 1995 under the above computation method was
$101. Therefore, effective October 1, 1995, the maximum rate of
reimbursement for non-Government headstones or markers purchased during
Fiscal Year 1996 is $101.
Cost-of-Living Adjustments
Under the provisions of 38 U.S.C. 5312 and section 306 of Public
Law 95-588, VA is required to increase the benefit rates and income
limitations in the pension and parents' DIC programs by the same
percentage, and effective the same date, as increases in the benefit
amounts payable under title II of the Social Security Act. The
increased rates and income limitations are also required to be
published in the Federal Register.
The Social Security Administration has announced that there will be
a 2.6 percent cost-of-living increase in social security benefits
effective December 1, 1995. Therefore, applying the same percentage,
the following increased rates and income limitations for the VA pension
and parents' DIC programs will be effective December 1, 1995:
Table 1.--Improved Pension
[Maximum annual rates]
------------------------------------------------------------------------
-------------------------------------------------------------------------
(1) Veterans permanently and totally disabled (38 U.S.C. 1521):
Veteran with no dependents, $8,246
Veteran with one dependent, $10,801
For each additional dependent, $1,404
(2) Veterans in need of aid and attendance (38 U.S.C. 1521):
Veteran with no dependents, $13,190
Veteran with one dependent, $15,744
For each additional dependent, $1,404
(3) Veterans who are house bound (38 U.S.C. 1521):
Veteran with no dependents, $10,080
Veteran with one dependent, $12,634
For each additional dependent, $1,404
(4) Two veterans married to one another, combined rates (38 U.S.C.
1521):
Neither veteran in need of aid and attendance or housebound, $10,801
Either veteran in need of aid and attendance, $15,744
Both veteran in need of aid and attendance, $20,686
Either veteran housebound, $12,634
[[Page 65090]]
Both veterans housebound, $14,469
One veteran housebound and one veteran in need of aid and
attendance, $17,575
For each dependent child, $1,404
(5) Surviving spouse alone and with a child or children of the deceased
veteran in custody of the surviving spouse (38 U.S.C. 1541):
Surviving spouse alone, $5,527
Surviving spouse and one child in his or her custody, $7,240
For each additional child in his or her custody, $1,404
(6) Surviving spouses in need of aid and attendance (38 U.S.C. 1541):
Surviving spouse alone, $8,839
Surviving spouse and one child in his or her custody, $10,548
For each additional child in his or her custody, $1,404
(7) surviving spouses who are housebound (38 U.S.C. 1541):
Surviving spouse alone, $6,758
Surviving spouse and one child in his or her custody, $8,466
For each additional child in his or her custody, $1,404
(8) Surviving child alone (38 U.S.C. 1542), $1,404
------------------------------------------------------------------------
Reduction for income. The rate payable is the applicable maximum
rate minus the countable annual income of the eligible person. (38
U.S.C. 1521, 1541 and 1542).
Mexican border period and World War I veterans. The applicable
maximum annual rate payable to a Mexican border period or World War I
veteran under this table shall be increased by $1,867. (38 U.S.C.
1521(g))
Parents' DIC
DIC shall be paid monthly to parents of a deceased veteran in the
following amounts (38 U.S.C. 1315):
Table 2
[One parent. If there is only one parent, the monthly rate of DIC paid
to such parent shall be $391 reduced on the basis of the parent's annual
income according to the following formula:]
------------------------------------------------------------------------
For each $1 of annual income
-------------------------------------------------------------------------
The $391 monthly rate
shall be reduced by Which is more than But not more than
------------------------------------------------------------------------
$0.00 $0 $800
.08.................... 800 9,381
------------------------------------------------------------------------
No DIC is payable under this table if annual income exceeds $9,381.
One parent who has remarried. If there is only one parent and the
parent has remarried and is living with the parent's spouse, DIC shall
be paid under Table 2 or under Table 4, whichever shall result in the
greater being paid to the veteran's parent. In the case of remarriage,
the total combined annual income of the parent and the parent's spouse
shall be counted in determing the monthly rate of DIC.
Two parents not living together. The rates in Table 3 apply to (1)
two parents who are not living together, or (2) an unmarried parent
when both parents are living and the other parent has remarried. The
monthly rate of DIC paid to each such parent shall be $281 reduced on
the basis of each parent's annual income, according to the following
formula:
Table 3
------------------------------------------------------------------------
For each $1 of annual income
-------------------------------------------------------------------------
The $281 monthly rate
shall be reduced by Which is more than But not more than
------------------------------------------------------------------------
$0.00 $0 $800
.06.................... 800 900
0.7.................... 900 1,100
.08.................... 1,100 9,381
------------------------------------------------------------------------
No DIC is payable under this table if annual income exceeds $9,381.
Two parents living together or remarried parents living with
spouses. The rates in Table 4 apply to each parent living with another
parent; and each remarried parent, when both parents are alive. The
monthly rate of DIC paid to such parents will be $264 reduced on the
basis of the combined annual income of the two parents living together
or the remarried parent or parents and spouse or spouses, as computed
under the following formula:
Table 4
------------------------------------------------------------------------
For each $1 of annual income
-------------------------------------------------------------------------
The $264 monthly rate
shall be reduced by Which is more than But not more than
------------------------------------------------------------------------
$.00................... $0 $1,000
.03.................... 1,000 1,500
.04.................... 1,500 1,900
.05.................... 1,900 2,400
.06.................... 2,400 2,900
.07.................... 2,900 3,200
.08.................... 3,200 12,611
------------------------------------------------------------------------
No DIC is payable under this table if annual income exceeds
$12,611.
The rates in this table are also applicable in the case of one
surviving parent who has remarried, computed on the basis of the
combined income of the parent and spouse, if this would be a greater
benefit than that specified in Table 2 for one parent.
Aid and attendance. The monthly rate of DIC payable to a parent
under Table 2 through 4 shall be increased by $209 if such parent is
(1) a patient in a nursing home, or (2) helpless or blind, or so nearly
helpless or blind as to need or require the regular aid and attendance
of another person.
Minimum rate. The monthly rate of DIC payable to any parent under
Tables 2 through 4 shall not be less than $5.
Table 5.--Section 306 Pension Income Limitations
------------------------------------------------------------------------
-------------------------------------------------------------------------
(1) Veteran or surviving spouse with no dependents, $9,381 (Pub. L. 95-
588, section 306(a)).
(2) Veteran with no dependents in need of aid and attendance, $9,881 (38
U.S.C. 1521(d) as in effect on December 31, 1978).
(3) Veteran or surviving spouse with one or more dependents, $12,611
(Pub. L. 95-588, section 306(a)).
(4) Veteran with one or more dependents in need of aid and attendance,
$13,111 (38 U.S.C. 1521(d) as in effect on December 31, 1978).
(5) Child (no entitled veteran or surviving spouse), $7,668 (Pub. L. 95-
588, section 306(a)).
(6) Spouse income exclusion (38 CFR 3.262), $2,992 (Pub. L. 95-588,
section 306(a)(2)(B)).
------------------------------------------------------------------------
Table 6.--Old-Law Pension Income Limitations
------------------------------------------------------------------------
-------------------------------------------------------------------------
(1) Veteran or surviving spouse without dependents or an entitled child,
$8,211 (Pub. L. 95-588, section 306(b)).
(2) Veteran or surviving spouse with one or more dependents, $11,840
(Pub. L. 95-588, section 306(b)).
------------------------------------------------------------------------
Dated: December 8, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
[FR Doc. 95-30643 Filed 12-15-95; 8:45 am]
BILLING CODE 8320-01-M
