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38 U.S.C. § 5123 — Rounding down of pension rates
Federal law — U.S. Code and appendices · legal_authorities
The monthly or other periodic rate of pension payable to an individual under section 1521, 1541, or 1542 of this title or under section 306(a) of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (Public Law 95–588), if not a multiple of $1, shall be rounded down to the nearest dollar.
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Source file: Laws/federal/codes/united-states-code/title-38/section-5123-rounding-down-of-pension-rates--ed4ceb066c.md
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Source location: Title 38, Chapter 51, § 5123; chapter-051-claims-effective-dates-and-payments.md
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The monthly or other periodic rate of pension payable to an individual under section 1521, 1541, or 1542 of this title or under section 306(a) of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (Public Law 95–588), if not a multiple of $1, shall be rounded down to the nearest dollar.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
**(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income.
**(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.
**(d)**
(1) If the vetera
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1521
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3023
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility; agreement with Commissioner** In order for any State which makes supplementary payments of the type described in [section 1382e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382e/a&num=0&edition=prelim) (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66), on or after June 30, 1977, to be eligible for payments pursuant to subchapter XIX with respect to expenditures for any calendar quarter which begins—
(1) after June 30, 1977, or, if later,
(2) after the calendar quarter in which it first makes such supplementary payments,
(3) continue to make such supplementary payments, and
(4) maintain such supplementary payments at levels which are not lower than the levels of such payments in effect in December 1976, or, if no such payments were made in that month, the levels for the first subsequent month in which such payments were made.
**(b) Levels of supplementary payments**
(1) The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for a particular month or months if the State’s expenditures for such payments in the twelve-month period (within which such month or months fall) beginning on the effective date of any increase in the level of supplemental security income benefits pursuant to [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim) are not less than its expenditures for such payments in the preceding twelve-month period.
(2) For purposes of determining under paragraph (1) whether a State’s expenditures for supplementary payme
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1382i
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Federal law — U.S. Code and appendices · legal_authorities
Page 1050
TITLE 38—VETERANS’ BENEFITS
§ 5121A
§ 5121A. Substitution in case of death of claimant
(a) SUBSTITUTION.—(1) If a claimant dies while
a claim for any benefit under a law administered
by the Secretary, or an appeal of a decision with
respect to such a claim, is pending, a living per-
son who would be eligible to receive accrued
benefits due to the claimant under section
5121(a) of this title may, not later than one year
after the date of the death of such claimant, file
a request to be substituted as the claimant for
the purposes of processing the claim to comple-
tion.
(2) Any person seeking to be substituted for
the claimant shall present evidence of the right
to claim such status within such time as pre-
scribed by the Secretary in regulations.
(3) Substitution under this subsection shall be
in accordance with such regulations as the Sec-
retary may prescribe.
(b) LIMITATION.—Those who are eligible to
make a claim under this section shall be deter-
mined in accordance with section 5121 of this
title.
(Added Pub. L. 110–389, title II, § 212(a), Oct. 10,
2008, 122 Stat. 4151.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 110–389, title II, § 212(c), Oct. 10, 2008, 122 Stat.
4151, provided that: ‘‘Section 5121A of title 38, United
States Code, as added by subsection (a), shall apply
with respect to the claim of any claimant who dies on
or after the date of the enactment of this Act [Oct. 10,
2008].’’
§ 5122. Cancellation of checks mailed to deceased
payees
A check received by a payee in payment of ac-
crued benefits shall, if the payee died on or after
the last day of the period covered by the check,
be returned to the issuing office and canceled,
unless negotiated by the payee or the duly ap-
pointed represent
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5123
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