This bill ensures that veterans' pension payments approved before their death are paid to their surviving family members or estate, preventing the funds from reverting to the government.
Elise Stefanik
Representative
NY-21
The "Ernest Peltz Accrued Veterans Benefits Act" ensures that veterans' pension payments approved before their death, but issued afterward, are paid to their surviving spouse, children, dependent parents, or estate. If no application is filed within a year of the veteran's death, the pension will be paid to the veteran's estate, unless subject to escheat. This act applies to veterans who die on or after the date of enactment.
New Bill Ensures Veterans' Approved Pensions Reach Families, Even After Death
Alright, let's talk about a new piece of legislation called the "Ernest Peltz Accrued Veterans Benefits Act." In plain English, this bill tackles a specific problem: what happens if a veteran's pension is approved by the Secretary of Veterans Affairs, but the veteran passes away before the actual payment is issued? This Act amends Chapter 51 of title 38, United States Code, by adding a new section (5121B) to make sure those earned benefits don't just vanish into thin air. It applies to veterans who die on or after the date the bill becomes law.
The Nitty-Gritty: Who Gets What, and How?
So, how does this work? The bill sets up a clear pecking order for who receives that unpaid pension. First dibs go to the veteran’s surviving spouse. If there's no spouse, it goes to the veteran’s children. No children? Then it's the veteran’s dependent parents. And if none of those family members are around, the payment goes to the veteran’s estate. There's a catch for the estate, though: the money won't go there if the estate is "subject to escheat," which is a legal term meaning the state would otherwise take the funds because there are no heirs or claimants. The bill also specifies that if no one files an application for these benefits under the existing section 5121 of Title 38 within one year of the veteran's death, the pension will then be paid to the veteran's estate (again, unless escheat applies). It also tidies up some related paperwork by making technical tweaks to section 5121(a) to align with this new provision.
Why This Matters: A Bit More Certainty for Families
This is one of those commonsense changes that can make a real difference for families going through a tough time. Imagine a scenario where a pension is approved, the paperwork is done, but the veteran dies before the check is cut. Previously, navigating this could be a bureaucratic headache. This Act aims to provide a straightforward path for those funds to support the people the veteran intended to care for. It’s about ensuring that benefits a veteran was rightfully due actually reach their loved ones or their estate, providing a measure of financial stability. While the VA will need to have processes to ensure payments go to the correct beneficiaries, the core idea is to prevent accrued benefits from getting lost in the system simply due to the timing of a veteran's passing.