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38 USC § 1542 - Children of veterans of a period of war

---
identifier: "/us/usc/t38/s1542"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1542 - Children of veterans of a period of war"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1542"
section_name: "Children of veterans of a period of war"
chapter_number: 15
chapter_name: "PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE"
subchapter_number: "III"
subchapter_name: "[Surviving Spouses of Veterans of All Periods of War—Repealed]"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 542; Pub. L. 86–211, § 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88–664, § 4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, § 107, title II, § 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub. L. 91–588, §§ 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 92–198, § 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L. 93–177, § 3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93–527, § 4, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94–169, title I, §§ 101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94–432, title II, § 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95–204, title I, § 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95–588, title I, § 110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1542 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 111–275, title VI, § 608(c), Oct. 13, 2010, 124 Stat. 2887.)"
---

# § 1542. Children of veterans of a period of war

section 1521(j) of this titlesection 1541 of this titlesection 5312 of this titlesection 1541(c) of this titlesection 5312 of this title

The Secretary shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in , or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under , pension at the annual rate of $2,020, as increased from time to time under  and reduced by the amount of such child’s annual income; or, if such child is residing with a person who is legally responsible for such child’s support, at an annual rate equal to the amount by which the appropriate annual rate provided under  exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $2,020, as increased from time to time under , exceeds the annual income of such child. The appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Secretary shall prescribe.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 542; Pub. L. 86–211, § 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88–664, § 4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, § 107, title II, § 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub. L. 91–588, §§ 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 92–198, § 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L. 93–177, § 3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93–527, § 4, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94–169, title I, §§ 101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94–432, title II, § 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95–204, title I, § 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95–588, title I, § 110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1542 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 111–275, title VI, § 608(c), Oct. 13, 2010, 124 Stat. 2887.)

## Editorial Notes

### Amendments

2010— substituted “$2,020” for “$600” in two places.

1991—, renumbered  as this section.

, substituted “1521(j)” for “521(j)”, “1541” for “541”, and “1541(c)” for “541(c)” in two places.

, (2)(E), substituted “Secretary” for “Administrator” in two places.

substituted “5312” for “3112” in two places.

1978— amended section generally to speak in terms of children of veterans of any period of war rather than children of veterans of specifically named conflicts, restructured section to eliminate subsection designations, struck out provision formerly comprising subsec. (b) of this section which related to payment of pensions to recipient children in equal shares, and inserted reference to periodic pension increases pursuant to .

1977—Subsec. (a). , substituted “$61” and “$26” for “$57” and “$24”, respectively.

Subsec. (c). , substituted “$3,080” for “$2,890”.

1976—Subsec. (a). , substituted “$57” and “$24” for “$53” and “$22”, respectively.

Subsec. (c). , substituted “$2,890” for “$2,700”.

1975—Subsec. (a). , §§ 101(2)(D), 104(1), substituted “surviving spouse” for “widow”, struck out “his” before “death,” and, effective for period beginning , and ending , substituted “$53” for “$49” and “$22” for “$20”.

Subsec. (c). , substituted, effective for period beginning , and ending , “$2700” for “$2400”.

1974—Subsec. (a). , substituted “$49” and “$20” for “$44” and “$18”, respectively.

Subsec. (c). , substituted “$2,400” for “$2,000”.

1973—Subsec. (a).  substituted “$44” for “$42” and “$18” for “$17”.

1971—Subsec. (a).  substituted “$42” and “$17” for “$40” and “$16”, respectively.

1970—, inserted reference to Mexican border period in section catchline.

Subsec. (a). , inserted reference to Mexican border period.

Subsec. (c). , substituted “$2,000” for “$1,800”.

1967—, inserted reference to Vietnam era in section catchline.

Subsec. (a). , §§ 107, 202(g), substituted “$40” and “$16” for “$38” and “$15” and included reference to Vietnam era, respectively.

1964—Subsec. (a).  increased monthly pension for one child from $35 to $38.

1959— included children of World War II and Korean conflict veterans in section catchline.

Subsec. (a).  included children of World War II and Korean conflict veterans, and substituted provisions authorizing the payment of a monthly pension of $35 for one child with $15 for each additional child for provisions which authorized the payment of $27.30 for one child, $40.95 for two children, $54.60 for three children and $7.56 for each additional child.

Subsec. (c).  added subsec. (c).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by  applicable with respect to pensions paid on or after , see , set out as a note under .

### Effective Date of 1978 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1977 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1976 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1975 Amendment

, , , provided that the amendment made by that section is effective .

, , , as amended by , , , eff. , provided that the amendment made by that section is effective .

### Effective Date of 1974 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1973 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1971 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1970 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1967 Amendment

Amendment by  effective first day of first calendar month which begins more than ten days after , see , set out as a note under .

### Effective Date of 1964 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1959 Amendment

Amendment by  effective , see , set out as a note under .