H.R.3123 - Ernest Peltz Accrued Veterans Benefits Act (119th Congress)
Summary
H.R.3123, the Ernest Peltz Accrued Veterans Benefits Act, aims to amend Title 38 of the United States Code to improve the payment of certain veterans' benefits affected by death. Specifically, it addresses situations where a veteran is awarded a pension before death, but the payment is issued after their passing. The bill establishes a clear order of precedence for who receives the unpaid pension benefits.
Expected Effects
The bill will ensure that unpaid pension benefits are distributed in a specific order: first to the veteran's spouse, then to the children, then to dependent parents, and finally to the veteran's estate. This will provide clarity and prevent potential disputes over the distribution of these benefits. If no application is filed within one year, the pension will be paid to the estate, unless it escheats.
Potential Benefits
- Provides a clear order of precedence for the payment of accrued veteran benefits after death.
- Ensures that benefits are paid to the veteran's family members in a defined sequence.
- Reduces potential legal disputes and administrative burdens related to benefit distribution.
- Offers financial support to surviving spouses, children, or dependent parents of deceased veterans.
- Streamlines the process for distributing benefits when a veteran passes away after being approved for a pension.
Most Benefited Areas:
Potential Disadvantages
- May create administrative complexities in identifying and contacting eligible recipients.
- Could potentially delay the distribution of benefits if there are disputes among family members.
- The one-year application period might be insufficient for some families to navigate the process.
- The bill does not address situations where the veteran has specific instructions in a will that conflict with the order of precedence.
- The 'unless the estate will escheat' clause may require additional legal determinations.
Constitutional Alignment
The bill appears to align with the Constitution's general welfare clause (Preamble). By ensuring veterans' benefits are properly distributed to their families after death, the bill supports the well-being of those who have served the nation. It falls under Congress's power to legislate for the military and veterans, as outlined in Article I, Section 8. The bill does not appear to infringe upon any specific constitutional rights or freedoms.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).