Skip to main content

February 2, 2026

House passes bill helping families claim veterans' unpaid pensions

FindLaw
National Constitution Center
Wikipedia
Vote Smart
Bloomberg Government
+18

Veteran families can now claim pensions approved before death

The House voted 405-1 on February 2, 2026, to pass H.R. 3123, the Ernest Peltz Accrued Veterans Benefits Act. Rep. Lizzie FletcherLizzie Fletcher (D-TX) cast the only dissenting vote. The bill passed under suspension of the rules, which requires a two-thirds majority and limits debate.

The bill is named after World War II veteran Ernest Peltz of Queensbury, New York. The VA approved his pension while he was alive, but due to a processing error, deposited the funds into his account seven days after he died. The VA then clawed the money back, classifying it as an "overpayment," and billed his estate to recoup the deposit. His family was left paying for his end-of-life care and funeral out of pocket.

Charles Peltz, Ernest's son and a conductor with the Glens Falls Symphony Orchestra, contacted Rep. Elise StefanikElise Stefanik's constituent services office for help. Stefanik's staff discovered that existing law did not clearly authorize the VA to pay approved-but-undelivered pensions to survivors, creating a legal gap that let the VA treat post-death deposits as overpayments.

The bill establishes a clear priority order for distributing unpaid pension payments after a veteran's death: living spouse first, then living children in equal shares, then dependent parents in equal shares, then the veteran's estate. If the estate would escheat (revert to the state because no heirs exist), the payment is not made. Survivors must file a claim within one year of the veteran's death.

Rep. Stefanik (R-NY) sponsored the bill with Rep. Ro KhannaRo Khanna (D-CA) as cosponsor, making it a bipartisan effort. Stefanik first introduced the bill in the 117th Congress as H.R. 7050 (2021-2022), reintroduced it in the 118th Congress as H.R. 4562 (2023-2024), and finally passed it in the 119th Congress as H.R. 3123. The bill took three Congresses โ€” roughly six years โ€” to reach a floor vote.

The Congressional Budget Office estimates the bill reduces net federal spending by $3 million over 2026-2035. But the accrued benefits provision (Section 2) actually increases spending by $1 million. The net savings come from a separate provision (Section 3) that extends pension payment reductions for veterans and survivors living in Medicaid-funded nursing homes, which saves $4 million.

The bill also extends an existing policy that reduces VA pension payments for veterans and survivors residing in Medicaid-funded nursing homes. This provision prevents veterans from receiving full VA pensions while Medicaid covers their long-term care costs. Congress often bundles related veterans benefits provisions into a single bill.

The bill now moves to the Senate for consideration. Given the 405-1 House vote and the fact that it codifies existing VA practice while saving money, Senate passage is likely. VA Secretary Doug Collins, confirmed by the Senate on February 4, 2025, would oversee implementation of the new procedures.

๐Ÿ›๏ธGovernment

People, bills, and sources

Elise Stefanik

Elise Stefanik

U.S. Representative (R-NY-21), bill sponsor

Ro Khanna

Ro Khanna

U.S. Representative (D-CA), bill cosponsor

Ernest Peltz

World War II veteran, bill namesake

Charles Peltz

Ernest Peltz's son, constituent who initiated the legislation

Lizzie Fletcher

Lizzie Fletcher

U.S. Representative (D-TX-7), lone dissenting vote

Doug Collins

VA Secretary (confirmed Feb. 4, 2025)

What you can do

1

resource

Contact your representative's constituent services office if you need help with VA benefits

Every congressional office has staff dedicated to helping constituents navigate federal agencies like the VA. If you are a veteran or veteran family member struggling with benefits claims, denials, or bureaucratic problems, your representative's office can intervene. The Peltz family's case shows how constituent services can identify problems that lead to legislative fixes.

I am calling because I need help with a VA benefits issue. My [family member] is a veteran and [describe the problem with benefits claim, denial, or payment]. I have tried working with the VA directly but have not resolved it. Can the Representative's constituent services office help me navigate this?

2

resource

If a veteran family member dies with approved but unpaid VA benefits, file a claim within one year

Under the Ernest Peltz Act (once signed into law), survivors have exactly one year from a veteran's date of death to file for accrued pension benefits. The VA pays in priority order: spouse first, then children, then dependent parents, then the estate. Missing the one-year deadline means forfeiting the claim.