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38 U.S.C. § 6101 — Misappropriation by fiduciaries
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, being a fiduciary (as defined in [section 5506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5506&num=0&edition=prelim)) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange for other funds or property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom in whole or in part and coming into such fiduciary’s control in any manner whatever in the execution of such fiduciary’s trust, or under color of such fiduciary’s office or service as such fiduciary, shall be fined in accordance with title 18, or imprisoned not more than five years, or both.
**(b)** Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.
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Stable record: federal_law:legal_authorities:record_usc_5ed98a20973a5499c87fb036
Source file: Laws/federal/codes/united-states-code/title-38/section-6101-misappropriation-by-fiduciaries--d8c40f2f93.md
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Source location: Title 38, Chapter 61, § 6101; chapter-061-penal-and-forfeiture-provisions.md
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**(a)** Whoever, being a fiduciary (as defined in [section 5506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5506&num=0&edition=prelim)) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange for other funds or property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom in whole or in part and coming into such fiduciary’s control in any manner whatever in the execution of such fiduciary’s trust, or under color of such fiduciary’s office or service as such fiduciary, shall be fined in accordance with title 18, or imprisoned not more than five years, or both.
**(b)** Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805&num=0&edition=prelim), as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.
**(b)**
(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter and chapter 61 of this title, the term “fiduciary” means—
(1) a person who is a guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant (or a claimant’s estate) or of a beneficiary (or a beneficiary’s estate); or
(2) any other person having been appointed in a representative capacity to receive money paid under any of the laws administered by the Secretary for the use and benefit of a minor, incompetent, or other beneficiary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5506
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this chapter and chapter 36 of this title—
(1) The term “eligible person” means any of the following:
(A) A child of a person who, as a result of qualifying service—
(i) died of a service-connected disability; or
(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence.
(B) The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.
(C) The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power.
(D)
(i) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence.
(E) The spouse or child of a person who—
(i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment;
(ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
**(b)**
(1) Except as otherwise provided—
(A) an annuity of an employee or Member commences on the first day of the month after—
(i) separation from the service; or
(ii) pay ceases and the service and age requirements for title to annuity are met; and
(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
(2) The annuity of—
(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and
(B) an employee or Member retiring under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) due to a disability;
shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
**(c)** The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs.
**(d)** An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
**(e)**
(1) Payment due a
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8345
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member.
**(b)** Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
**(c)**
(1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
(2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8466
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Federal law — U.S. Code and appendices · legal_authorities
Page 1106
TITLE 38—VETERANS’ BENEFITS
§ 6101
Sec.
6102.
Fraudulent acceptance of payments.
6103.
Forfeiture for fraud.
6104.
Forfeiture for treason.
6105.
Forfeiture for subversive activities.
6106.
Misuse of benefits by fiduciaries.
6107.
Reissuance of benefits.
6108.
Authority for judicial orders of restitution.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–454, title V, §§ 503(b), 504(b)(2), Dec.
10, 2004, 118 Stat. 3620, 3621, added items 6106 to 6108.
1991—Pub. L. 102–40, title IV, § 402(c)(1), May 7, 1991,
105 Stat. 239, renumbered items 3501 to 3505 as 6101 to
6105, respectively.
1959—Pub. L. 86–222, § 3(b), Sept. 1, 1959, 73 Stat. 453,
added item 3505.
§ 6101. Misappropriation by fiduciaries
(a) Whoever, being a fiduciary (as defined in
section 5506 of this title) for the benefit of a
minor, incompetent, or other beneficiary under
laws administered by the Secretary, shall lend,
borrow, pledge, hypothecate, use, or exchange
for other funds or property, except as authorized
by law, or embezzle or in any manner misappro-
priate any such money or property derived
therefrom in whole or in part and coming into
such fiduciary’s control in any manner whatever
in the execution of such fiduciary’s trust, or
under color of such fiduciary’s office or service
as such fiduciary, shall be fined in accordance
with title 18, or imprisoned not more than five
years, or both.
(b) Any willful neglect or refusal to make and
file proper accountings or reports concerning
such money or property as required by law shall
be taken to be sufficient evidence prima facie of
such embezzlement or misappropriation.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3501;
Pub. L. 99–576, title VII, § 701(82), Oct. 28, 1986, 100
Stat. 3298; renumbered § 610
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 6101
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.