---
kind: "section"
citation: "38 U.S.C. § 1536"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1536"
heading: "Surviving spouses of Spanish-American War veterans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1536"
units:
  - "Part II — General Benefits"
  - "Chapter 15 — Pension for Non-Service-Connected Disability or Death or for Service"
  - "Subchapter III — Pensions to Surviving Spouses and Children"
---

# §1536. Surviving spouses of Spanish-American War veterans

- (a) The [Secretary](/usc/38/101.md?p=1) shall pay to the [surviving spouse](/usc/38/101.md?p=3) of each [Spanish-American War](/usc/38/101.md?p=6) [veteran](/usc/38/1101.md?p=1) who met the service requirements of [section 1512(a) of this title](/usc/38/1512.md?p=a) a [pension](/usc/38/101.md?p=15) at the monthly rate of $70, unless such [surviving spouse](/usc/38/101.md?p=3) was the [spouse](/usc/38/101.md?p=31) of the [veteran](/usc/38/1101.md?p=1) during such [veteran](/usc/38/1101.md?p=1)’s service in the [Spanish-American War](/usc/38/101.md?p=6), in which case the monthly rate shall be $75.
- (b) If there is a [child](/usc/38/1831.md?p=1) of the [veteran](/usc/38/1101.md?p=1), the rate of [pension](/usc/38/101.md?p=15) paid to the [surviving spouse](/usc/38/101.md?p=3) under [subsection (a)](#a) shall be increased by $8.13 per month for each such [child](/usc/38/1831.md?p=1).
- (c) No [pension](/usc/38/101.md?p=15) shall be paid to a [surviving spouse](/usc/38/101.md?p=3) of a [veteran](/usc/38/1101.md?p=1) under this section unless such [surviving spouse](/usc/38/101.md?p=3) was married to such [veteran](/usc/38/1101.md?p=1)—
  - (1) before January 1, 1938; or
  - (2) for one year or more; or
  - (3) for any period of time if a [child](/usc/38/1831.md?p=1) was born of the marriage, or was born to them before the marriage.
- (d)
  - (1) Any [surviving spouse](/usc/38/101.md?p=3) eligible for [pension](/usc/38/101.md?p=15) under this section shall, if such [surviving spouse](/usc/38/101.md?p=3) so elects, be paid [pension](/usc/38/101.md?p=15) at the rates prescribed by [section 1541 of this title](/usc/38/1541.md), and under the conditions (other than the service requirements) applicable to [pension](/usc/38/101.md?p=15) paid under that section to [surviving spouses](/usc/38/101.md?p=3) of [veterans](/usc/38/1101.md?p=1) of a [period of war](/usc/38/1101.md?p=2). If [pension](/usc/38/101.md?p=15) is paid pursuant to such an election, the election shall be irrevocable.
  - (2) The [Secretary](/usc/38/101.md?p=1) shall pay each month to the [surviving spouse](/usc/38/101.md?p=3) of each [Spanish-American War](/usc/38/101.md?p=6) [veteran](/usc/38/1101.md?p=1) who is receiving, or entitled to receive, [pension](/usc/38/101.md?p=15) based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to such [surviving spouse](/usc/38/101.md?p=3) under subsections [(a)](#a) and [(b)](#b) of this section as increased by [section 544](/usc/38/544.md)[^1] of this title, as in effect on December 31, 1978; or (B) that which is payable under [section 1541 of this title](/usc/38/1541.md), as in effect on December 31, 1978, as increased by such section 544,[^1] as in effect on such date, to a [surviving spouse](/usc/38/101.md?p=3) of a [World War I](/usc/38/1501.md?p=2) [veteran](/usc/38/1101.md?p=1) with the same annual income and corpus of estate. Each change in the amount of [pension](/usc/38/101.md?p=15) required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 536; Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 92–328, title I, § 107, June 30, 1972, 86 Stat. 395; Pub. L. 94–169, title I, § 106(32)–(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L. 95–588, title I, § 108, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1536 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

## Notes

### Editorial Notes

### References in Text

Section 544 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 95–588, title I, § 112(a)(1), Nov. 4, 1978, 92 Stat. 2505, eff. Jan. 1, 1979.

### Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 536 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1512(a)” for “512(a)”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2).

Subsec. (d)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

1978—Subsec. (d)(1). Pub. L. 95–588, § 108(1), substituted “a period of war” for “World War I”, and struck out “, except as provided in paragraph (2)” after “irrevocable”.

Subsec. (d)(2). Pub. L. 95–588, § 108(2), inserted “, as in effect on December 31, 1978” after “of this title” in two places, and “as in effect on such date” after “such section 544”.

1975—Pub. L. 94–169, § 106(37), substituted “Surviving spouses” for “Widows” in section catchline.

Subsec. (a). Pub. L. 94–169, § 106(32), substituted “pay to the surviving spouse” for “pay to the widow”, “unless such surviving spouse” for “unless she”, “the spouse” for “the wife” and “such veteran’s” for “his”.

Subsec. (b). Pub. L. 94–169, § 106(33), substituted “surviving spouse” for “widow”.

Subsec. (c). Pub. L. 94–169, § 106(33), substituted “paid to a surviving spouse” for “paid to a widow”, “unless such surviving spouse” for “unless she” and “such veteran” for “him”.

Subsec. (d)(1). Pub. L. 94–169, § 106(34), substituted “Any surviving spouse” for “Any widow”, “if such surviving spouse” for “if she” and “surviving spouses” for “widows”.

Subsec. (d)(2). Pub. L. 94–169, § 106(35), (36), substituted “surviving spouse” for “widow” wherever appearing, and “such surviving spouse” for “her”.

1972—Subsec. (d). Pub. L. 92–328 added subsec. (d).

1967—Subsec. (a). Pub. L. 90–77, § 105, substituted “$70” for “$65”.

Subsec. (c). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

### Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

### Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as a note under section 1114 of this title.

### Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

### Increase in Aid and Attendance Rates for Veterans Eligible for Pension

Maximum annual pension rates under subsec. (d)(2) of this section increased by $600, effective Oct. 1, 1998, see section 8206 of Pub. L. 105–178, set out as a note under section 1521 of this title.