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38 U.S.C. § 5506 — Definition of “fiduciary”
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.
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Source location: Title 38, Chapter 55, § 5506; chapter-055-minors-incompetents-and-other-wards.md
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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.
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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
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 1081
TITLE 38—VETERANS’ BENEFITS
§ 5507
$500 limitations of subsection (b)(1) of such section 3203
[now 5503] as amended by this Act. If a competent vet-
eran dies before payment is made the withheld amounts
shall be paid according to the order of precedence, and
subject to the time limitation, of subsection (a)(2) of
such section 3203 [now 5503] in effect the day before the
effective date of this Act. In the event of the death of
an incompetent veteran before payment of all withheld
amounts, no part of the remainder shall be payable.’’
[For effective date of Pub. L. 92–328, see Effective
Date of 1972 Amendment notes set out under sections
1114, 1134, and 3713 of this title.]
APPLICABILITY
OF 1966 AMENDMENTS
TO ANY PENSION
ELIGIBILITY WHICH IS SUBJECT
TO VETERANS’ PEN-
SION ACT OF 1959
Pub. L. 89–362, § 3, Mar. 7, 1966, 80 Stat. 30, provided
that: ‘‘The amendments made by this Act [amending
this section] shall also apply to cases in which pension
eligibility is subject to the provisions of section 9(b) of
the Veterans’ Pension Act of 1959 [set out as a note
under section 1521 of this title].’’
APPLICABILITY OF 1962 AMENDMENTS TO PERSONS NOT
ELECTING PENSION UNDER VETERANS’ ACT OF 1959
Pub. L. 87–556, § 2(a), July 27, 1962, 76 Stat. 245, pro-
vided that: ‘‘The amendments made by this Act
[amending this section] shall not apply to cases in
which pension is payable pursuant to sections 9(b) and
(c) of the Veterans’ Pension Act of 1959 [set out as notes
under section 1521 of this title].’’
Pub. L. 87–544, § 2, July 25, 1962, 76 Stat. 208, provided
that: ‘‘The amendment made by this Act [amending
this section] shall also apply to cases in which pension
eligibility is subject to the provisions of section 9(b) of
the Veterans’ Pension Act of 1959
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