38 U.S.C. § 1508 — Frequency of payment of pension benefits

Page 239 TITLE 38—VETERANS’ BENEFITS [§ 1510 EFFECTIVE DATE Pub. L. 86–211, § 10, Aug. 29, 1959, 73 Stat. 436, provided that: ‘‘This Act [see Tables for classification] shall take effect on July 1, 1960.’’ § 1507. Disappearance Where a veteran receiving pension under sub- chapter II of this chapter disappears, the Sec- retary may pay the pension otherwise payable to such veteran’s spouse and children. In apply- ing the provisions of this section, the Secretary may presume, without reports pursuant to sec- tion 1506(a) of this title, that the status of the veteran at the time of disappearance, with re- spect to permanent and total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non- service-connected disability. (Added Pub. L. 89–467, § 1(a), June 22, 1966, 80 Stat. 218, § 507; amended Pub. L. 94–169, title I, § 106(15), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1507 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes PRIOR PROVISIONS Prior section 1507 was renumbered section 3107 of this title. Another prior section 1507, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 92–540, title I, § 101(3), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 94–502, title I, § 104(6), Oct. 15, 1976, 90 Stat. 2384, related to loans to trainees com- mencing or undertaking courses of vocational rehabili- tation under chapter 31 of this title, prior to repeal, ef- fective Oct. 1, 1980, by Pub. L. 96–466, title VIII, § 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3112 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 507 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1506(a)’’ for ‘‘506(a)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. 1975—Pub. L. 94–169 struck out ‘‘in his discretion’’ after ‘‘Administrator’’ and substituted ‘‘payable to such veteran’s spouse’’ for ‘‘payable to his wife,’’ and ‘‘made to a spouse’’ for ‘‘made to a wife’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976. § 1508. Frequency of payment of pension benefits (a) Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid monthly. (b) Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid less fre- quently than monthly if the amount of the an- nual benefit is less than 4 percent of the max- imum annual rate payable to a veteran under section 1521(b) of this title. (Added Pub. L. 95–588, title I, § 104(a), Nov. 4, 1978, 92 Stat. 2499, § 508; amended Pub. L. 102–54, § 14(b)(6), June 13, 1991, 105 Stat. 283; renumbered § 1508 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes PRIOR PROVISIONS Prior section 1508 was renumbered section 3108 of this title. Another prior section 1508, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94–502, title I, § 104(7), Oct. 15, 1976, 90 Stat. 2384, authorized Administrator to pre- scribe rules and regulations to promote good conduct and cooperation on the part of veterans receiving voca- tional rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1508 continue in effect until Mar. 31, 1981. See section 3111 of this title. Prior section 1509 was renumbered section 3109 of this title. Another prior section 1509, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94–502, title I, § 104(8), (9), Oct. 15, 1976, 90 Stat. 2384, related to books, supplies, and equipment furnished a veteran under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1509 continue in effect until Mar. 31, 1981. Prior section 1510 was renumbered section 3110 of this title. Another prior section 1510, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94–502, title I, § 104(10), Oct. 15, 1976, 90 Stat. 2384, related to vocational rehabilita- tion of persons hospitalized pending final discharge from the active military, naval, or air service, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of chapter 31 of this title, provided that this prior section 1510 con- tinue in effect until Mar. 31, 1981. See section 3113 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 508 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521, 1541, and 1542’’ for ‘‘521, 541, and 542’’. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521, 1541, and 1542’’ for ‘‘521, 541, and 542’’ and ‘‘1521(b)’’ for ‘‘521(b)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–54 substituted ‘‘percent’’ for ‘‘per cen- tum’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as an Effective Date of 1978 Amend- ment note under section 101 of this title. SUBCHAPTER II—VETERANS’ PENSIONS SERVICE PENSION [§ 1510. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 510 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, which pro-