Ernest Peltz Accrued Veterans Benefits Act
This bill ensures that if the Department of Veterans Affairs approves a veteran's pension but the veteran dies before the check is issued, the money is still paid out to their surviving family. The unpaid benefits go first to a surviving spouse, then to any surviving children, dependent parents, or the veteran's estate. The legislation also extends an existing cap on monthly pension payments for certain veterans receiving Medicaid-funded nursing home care through February 2033.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- Surviving family members of deceased veteransUnder Section 2(a), surviving spouses, children, and dependent parents are entitled to receive a deceased veteran's unpaid pension payments that were awarded before death but paid afterward.
- Estates of deceased veteransUnder Section 2(a), a deceased veteran's estate receives unpaid pension funds awarded before death if there are no living eligible family members or if no relative applies within one year of the death (unless the estate escheats).
Who it burdens
- Veterans in Medicaid-covered nursing homesUnder Section 3, the $90 monthly limit on Department of Veterans Affairs pension payments for certain veterans receiving Medicaid-covered nursing home care is extended for an additional month, through February 28, 2033.
- Department of Veterans AffairsUnder Section 2(a), the Department of Veterans Affairs is required to route and disburse accrued pension payments to specified surviving family members or the veteran's estate when pension awards are paid post-mortem.
The provisions, in plain language.
Requires the Department of Veterans Affairs, when a veteran is awarded a pension before dying but payment is issued after their death, to pay the unpaid money to the veteran's living spouse, children, dependent parents, or estate, in that order, for deaths on or after enactment.
Directs the Department of Veterans Affairs to pay a deceased veteran's unpaid pension directly to their estate if no eligible family members apply for the funds within one year of the veteran's death.
Extends through February 28, 2033, the $90 monthly cap on Department of Veterans Affairs pension payments for certain veterans receiving Medicaid-covered nursing home care.