38 U.S.C. § 5306 — Renouncement of right to benefits

Page 1062 TITLE 38—VETERANS’ BENEFITS § 5305 1986—Subsec. (a)(1). Pub. L. 99–576, § 701(71)(A), sub- stituted ‘‘such person’s’’ for ‘‘his’’. Subsec. (b)(1). Pub. L. 99–576, § 701(71)(B)(i), (ii), sub- stituted ‘‘surviving spouse’’ for ‘‘widow’’ and ‘‘such per- son’s’’ for ‘‘his’’. Subsec. (b)(3). Pub. L. 99–576, § 701(71)(B)(iii), sub- stituted ‘‘such person’’ for ‘‘he or she’’. Subsec. (c). Pub. L. 99–576, § 701(71)(C), substituted ‘‘any person’s’’ for ‘‘his’’, ‘‘to such person’’ for ‘‘to any person’’, and ‘‘such person’’ for ‘‘he’’. 1980—Subsec. (a). Pub. L. 96–385 designated existing provisions as par. (1) and added par. (2). 1978—Subsec. (b)(1). Pub. L. 95–588 inserted ‘‘of this subsection and in section 521(i) of this title’’ after ‘‘(2) and (3)’’. 1970—Subsec. (b)(1), (3). Pub. L. 91–376 inserted ref- erence to par. (3) in par. (1) and added par. (3). 1964—Subsec. (a). Pub. L. 88–664 inserted ‘‘or concur- rently to any person based on the service of any other person’’ after ‘‘own service’’. 1960—Subsec. (b)(2). Pub. L. 86–495 substituted provi- sions prohibiting the payment or furnishing of benefits other than insurance to or on account of any child by reason of the death of more than one parent in the same parental line, and permitting the child to elect one or more times to receive benefits by reason of the death of any one of such parents, for provisions which prohibited the payment of dependency and indemnity compensation to or on account of a child by reason of the death of another parent where the child receives or there is paid by the Veterans’ Administration on ac- count of a child dependency and indemnity compensa- tion, or death compensation, by reason of the death of a parent. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–495, § 2, June 8, 1960, 74 Stat. 163, provided that: ‘‘The amendment made by this Act [amending this section] shall apply only to cases where the death of a parent occurs after the date of enactment of this Act [June 8, 1960].’’ § 5305. Waiver of retired pay Except as provided in section 1414 of title 10, any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a com- missioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to re- ceive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person’s retired or retirement pay as is equal in amount to such pension or compensa- tion. To prevent duplication of payments, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3105; Pub. L. 91–621, § 6(a)(3), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 99–576, title VII, § 701(72), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5305, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (2)(A)(viii), Aug. 6, 1991, 105 Stat. 403; Pub. L. 108–454, title III, § 308(b), Dec. 10, 2004, 118 Stat. 3614.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–454 substituted ‘‘Except as provided in section 1414 of title 10, any’’ for ‘‘Any’’ in first sen- tence. 1991—Pub. L. 102–40 renumbered section 3105 of this title as this section. Pub. L. 102–83, § 4(a)(2)(A)(viii), substituted ‘‘Sec- retary’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. 1986—Pub. L. 99–576 substituted ‘‘such person’’ for ‘‘he’’ and ‘‘such person’s’’ for ‘‘his’’. 1970—Pub. L. 91–621 substituted ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Coast and Geo- detic Survey’’. § 5306. Renouncement of right to benefits (a) Any person entitled to pension, compensa- tion, or dependency and indemnity compensa- tion under any of the laws administered by the Secretary may renounce the right thereto. The application renouncing the right shall be in writing over the person’s signature. Upon the filing of such an application, payment of such benefits and the right thereto shall be termi- nated, and such person shall be denied any and all rights thereto from such filing. (b) Renouncement of rights shall not preclude any person from filing a new application for pen- sion, compensation, or dependency and indem- nity compensation at a later date, but such new application shall be treated as an original appli- cation, and no payments shall be made for any period before the date such new application is filed. (c) Notwithstanding subsection (b), if a new application for pension under chapter 15 of this title or for dependency and indemnity com- pensation for parents under section 1315 of this title is filed within one year after renouncement of that benefit, such application shall not be treated as an original application and benefits will be payable as if the renouncement had not occurred. Page 1063 TITLE 38—VETERANS’ BENEFITS § 5309 (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106; Pub. L. 99–576, title VII, § 701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103–446, title V, § 503, Nov. 2, 1994, 108 Stat. 4663.) Editorial Notes AMENDMENTS 1994—Subsec. (c). Pub. L. 103–446 added subsec. (c). 1991—Pub. L. 102–40 renumbered section 3106 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Administration’’. 1986—Subsec. (a). Pub. L. 99–576 substituted ‘‘the’’ for ‘‘his’’ before ‘‘right’’ in first sentence. § 5307. Apportionment of benefits (a) All or any part of the compensation, pen- sion, or emergency officers’ retirement pay pay- able on account of any veteran may— (1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivi- sion thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent par- ents; and (2) if the veteran is not living with the vet- eran’s spouse, or if the veteran’s children are not in the custody of the veteran, be appor- tioned as may be prescribed by the Secretary. (b) Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation other- wise payable to the surviving spouse may be ap- portioned as prescribed by the Secretary. (c) If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsist- ence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on ac- count of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107; Pub. L. 92–540, title V, § 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, § 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3107 of this title as this section. Subsecs. (a)(2), (b), (c). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1983—Subsec. (a)(1). Pub. L. 98–160, § 703(2)(A), sub- stituted ‘‘the veteran’s spouse’’ for ‘‘his wife’’. Subsec. (a)(2). Pub. L. 98–160, § 703(2)(A)–(C), sub- stituted ‘‘the veteran’s spouse’’ for ‘‘his wife’’, ‘‘the veteran’s children’’ for ‘‘his children’’, and ‘‘the cus- tody of the veteran’’ for ‘‘his custody’’. Subsec. (b). Pub. L. 98–160, § 703(2)(D), substituted ‘‘surviving spouse’’ for ‘‘widow’’ in two places. Subsec. (c). Pub. L. 98–160, § 703(2)(A)–(C), (E), sub- stituted ‘‘the veteran’s spouse’’ for ‘‘his wife’’, ‘‘the veteran’s children’’ for ‘‘his children’’, ‘‘the custody of the veteran’’ for ‘‘his custody’’, and ‘‘payable to the veteran’’ for ‘‘payable to him’’. 1972—Subsec. (c). Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title. § 5308. Withholding benefits of persons in terri- tory of the enemy (a) When any alien entitled to gratuitous ben- efits under laws administered by the Secretary is located in territory of, or under military con- trol of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith. (b) Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the fil- ing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabo- tage, or rendering assistance to such enemy. Ex- cept as provided in section 5309 of this title, such gratuitous benefits shall not be paid for any period before the date the new claim is filed. (c) While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Sec- retary, in the Secretary’s discretion, may appor- tion and pay any part of such benefits to the de- pendents of such alien. No dependent of such alien shall receive benefits by reason of this sub- section in excess of the amount to which the de- pendent would be entitled if such alien were dead. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3108 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted ‘‘ad- ministered by the Secretary’’ for ‘‘administered by the Veterans’ Administration’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5309’’ for ‘‘3109’’. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. 1986—Subsec. (c). Pub. L. 99–576 substituted ‘‘the Ad- ministrator’s’’ for ‘‘his’’ in first sentence, and ‘‘the de- pendent’’ for ‘‘he’’ in second sentence. § 5309. Payment of certain withheld benefits (a) Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose