Payment of certain benefits to survivors of persons who died in or as a result of military service

This executive order establishes the administrative framework for paying survivor benefits to spouses and children of certain service members who died in or due to military service. It designates the Veterans' Administration to administer the program, requires HHS to provide technical assistance, and mandates Defense Department fund transfers from the 'Retired Pay, Defense' account to cover benefits and administrative costs beginning in fiscal year 1983.

48 FR 34931

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Impact dates

Jul 29, 1983
Defense transfers for FY 1983 benefits and expenses
Jan 1, 1983
EO effective date (retroactive)

Key directives

Administrator of Veterans' Affairs designated to administer Section 156 of Public Law 97-377
Secretary of HHS shall provide information and technical assistance to VA as required
VA shall reimburse HHS for all expenses from VA account established in Section 3
Secretary of Defense shall transfer funds from 'Retired Pay, Defense' to VA account for FY 1983 and each succeeding fiscal year
Transfers shall be made in advance of benefit payments when feasible
Order effective as of January 1, 1983

Who is ordered

Timeline

Immediate

EO effective retroactively to January 1, 1983
Administrator of Veterans' Affairs designated as program administrator

Near term (90d)

Secretary of Defense to begin transfers from 'Retired Pay, Defense' to Veterans' Administration account
HHS to begin providing information and technical assistance to VA

Long term

Ongoing annual transfers for 'each succeeding fiscal year'
Continuing benefit payments and administrative cost reimbursements

Risks & tensions

Retroactive effective date (Jan 1, 1983) predates signing by 7 months, creating potential administrative complexity for back payments
Phrase 'to the extent feasible' in Section 3 creates soft obligation for advance transfers
Open-ended 'each succeeding fiscal year' commitment creates perpetual budgetary obligation without sunset review
Inter-agency reimbursement mechanism (Sec. 2) adds administrative overhead but ensures cost accountability