38 U.S.C. § 5310 — Payment of benefits for month of death

Page 1064 TITLE 38—VETERANS’ BENEFITS § 5310 award of benefits was terminated under such section, or whose benefits were not paid pursu- ant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall cer- tify to the Secretary of the Treasury the amounts of payments which, but for this sec- tion, would have been made from the special de- posit account, and the Secretary of the Treas- ury, as directed by the Secretary, shall reim- burse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified. (b) No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was termi- nated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Ger- many or Japan. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109; Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–576, title VII, § 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5309 and amend- ed 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), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places in last sentence. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in last sentence. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’ in first sentence. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5308’’ for ‘‘3108’’ in two places in first sentence. 1986—Subsec. (a). Pub. L. 99–576, § 701(75)(A), sub- stituted ‘‘such person’s’’ for ‘‘his’’ in two places. Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted ‘‘such person’’ for ‘‘he’’. 1982—Subsec. (a). Pub. L. 97–258 substituted ‘‘sections 3329 and 3330 of title 31’’ for ‘‘sections 123–128 of title 31’’ wherever appearing. § 5310. Payment of benefits for month of death (a) IN GENERAL.—(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if— (A) at the time of the veteran’s death, the veteran was receiving compensation or pen- sion under chapter 11 or 15 of this title; or (B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pen- sion under chapter 11 or 15 of this title for the month of the veteran’s death. (2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died. (b) CLAIMS PENDING ADJUDICATION.—If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the dif- ference between the amount to which the vet- eran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under sec- tion 5121 of this title. (Added Pub. L. 87–825, § 4(a), Oct. 15, 1962, 76 Stat. 950, § 3110; amended Pub. L. 98–160, title VII, § 703(3), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5310 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–275, title V, § 506(a), Oct. 9, 1996, 110 Stat. 3343; Pub. L. 105–114, title IV, § 401(f), Nov. 21, 1997, 111 Stat. 2294; Pub. L. 112–154, title V, § 507(a), Aug. 6, 2012, 126 Stat. 1194.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–154, § 507(a), amended section gen- erally. Prior to amendment, text read as follows: ‘‘(a) If, in accordance with the provisions of section 5110(d) of this title, a surviving spouse is entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which a veteran’s death occurs, the amount of such death benefits for that month shall be not less than the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the veteran. ‘‘(b)(1) If the surviving spouse of a veteran who was in receipt of compensation or pension at the time of death is not entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which the veteran’s death occurs, that surviving spouse shall be entitled to a benefit for that month in the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the vet- eran. ‘‘(2) If (notwithstanding section 5112(b)(1) of this title) a check or other payment is issued to, and in the name of, the deceased veteran as a benefit payment under chapter 11 or 15 of this title for the month in which death occurs, that check or other payment (A) shall be treated for all purposes as being payable to the sur- viving spouse, and (B) if that check or other payment is negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under paragraph (1). However, if such check or other payment is in an amount less than the amount of the benefit under paragraph (1), the unpaid amount shall be treat- ed in the same manner as an accrued benefit under sec- tion 5121 of this title.’’ 1997—Subsec. (b)(2). Pub. L. 105–114 substituted ‘‘under paragraph (1)’’ for ‘‘under this paragraph’’ be- fore period at end of first sentence. 1996—Pub. L. 104–275 designated existing provisions as subsec. (a) and added subsec. (b). Page 1065 TITLE 38—VETERANS’ BENEFITS § 5312 1991—Pub. L. 102–40 renumbered section 3110 of this title as this section and substituted ‘‘5110(d)’’ for ‘‘3010(d)’’. 1983—Pub. L. 98–160 substituted ‘‘surviving spouse’’ for ‘‘widow’’, and ‘‘the death of the veteran’’ for ‘‘his death’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–154 effective Aug. 6, 2012, and applicable with respect to deaths that occur on or after that date, see section 507(c) of Pub. L. 112–154, set out as a note under section 5111 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–275, title V, § 506(b), Oct. 9, 1996, 110 Stat. 3343, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect to the death of compensation and pension recipi- ents occurring after December 31, 1996.’’ EFFECTIVE DATE Section effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as an Effective Date of 1962 Amendment note under section 110 of this title. § 5311. Prohibition of certain benefit payments There shall be no payment of dependency and indemnity compensation, death compensation, or death pension which, because of a widow’s re- lationship with another man before enactment of Public Law 87–674, would not have been pay- able by the Veterans’ Administration under the standard for determining remarriage applied by that agency before said enactment. (Added Pub. L. 91–376, § 8(b), Aug. 12, 1970, 84 Stat. 790, § 3111; renumbered § 5311, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.) Editorial Notes REFERENCES IN TEXT Public Law 87–674, referred to in text, is Pub. L. 87–674, Sept. 19, 1962, 76 Stat. 558, which was enacted Sept. 19, 1962, and amended sections 101, 103, and 3010 [now 5110] of this title to provide for the restoration of certain widows and children to the benefit rolls upon annulment of their marriages or remarriages. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3111 of this title as this section. § 5312. Annual adjustment of certain benefit rates (a) Whenever there is an increase in benefit amounts payable under title II of the Social Se- curity Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effec- tive 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 chil- dren, and each rate of monthly allowance paid under section 1805 of this title, 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 ben- efit amounts are increased. (b)(1) Whenever there is an increase in benefit amounts payable under title II of the Social Se- curity Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effec- tive 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 subsection (g), of section 1315 of this title and the annual income limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such section, and the annual benefit amount limitations under sec- tions 5507(c)(2)(D) and 5508 of this title, as such rates and limitations were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Se- curity Act, by the same percentage as the per- centage by which such benefit amounts are in- creased. (2)(A) Whenever there is an increase under paragraph (1) of this subsection in such rates and annual income limitations, the Secretary shall, effective on the date of such increase in such rates and limitations, adjust (as provided in subparagraph (B) of this paragraph) the rates of dependency and indemnity compensation pay- able under subsection (b)(1) or (c)(1) of section 1315 of this title to any parent whose annual in- come is more than $800 but not more than the annual income limitation in effect under sub- section (b)(3) or (c)(3) of such section, as appro- priate, and adjust the rates of such compensa- tion payable under subsection (d)(1) of such sec- tion to any parent whose annual income is more than $1,000 but not more than the annual income limitation in effect under subsection (d)(3) of such section. (B) The adjustment in rates of dependency and indemnity compensation referred to in subpara- graph (A) of this paragraph shall be made by the Secretary in accordance with regulations which the Secretary shall prescribe. (c)(1) Whenever there is an increase under sub- section (a) in benefit rates payable under sec- tions 1521, 1541, 1542, and 1805 of this title and an increase under subsection (b) in benefit rates and annual income limitations under section 1315 of this title, the Secretary shall publish such rates and limitations (including those rates adjusted by the Secretary under subsection (b)(2) of this section), as increased pursuant to such subsections, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of a deter- mination under section 215(i) of such Act (42 U.S.C. 415(i)). (2) Whenever such rates and income limita- tions are so increased, the Secretary may round such rates and income limitations in such man- ner as the Secretary considers equitable and ap- propriate for ease of administration. (Added Pub. L. 95–588, title III, § 305(a), Nov. 4, 1978, 92 Stat. 2507, § 3112; amended Pub. L. 97–295, § 4(76), Oct. 12, 1982, 96 Stat. 1311; renumbered § 5312, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 104–204, title IV, § 421(c), Sept. 26, 1996, 110 Stat.