38 U.S.C. § 5112 — Untitled legal text

Page 1045 TITLE 38—VETERANS’ BENEFITS § 5112 (Added Pub. L. 97–253, title IV, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011; amended Pub. L. 98–223, title I, § 113, Mar. 2, 1984, 98 Stat. 40; renumbered § 5111 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), Aug. 6, 1991, 105 Stat. 403; Pub. L. 111–275, title VI, § 605(a), Oct. 13, 2010, 124 Stat. 2885; Pub. L. 112–154, title V, § 507(b), Aug. 6, 2012, 126 Stat. 1194; Pub. L. 115–55, § 2(m), Aug. 23, 2017, 131 Stat. 1110; Pub. L. 116–283, div. A, title IX, § 926(a)(53), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(2)(A). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2017—Subsec. (d)(1). Pub. L. 115–55 substituted ‘‘award or award based on a supplemental claim’’ for ‘‘or re- opened award’’. 2012—Subsec. (c)(1). Pub. L. 112–154 substituted ‘‘not apply to payments made pursuant to section 5310 of this title’’ for ‘‘apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred’’. 2010—Subsec. (a). Pub. L. 111–275 designated existing provisions as par. (1), substituted ‘‘in paragraph (2) and subsection (c)’’ for ‘‘in subsection (c) of this section’’, and added par. (2). 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5110’’ for ‘‘3010’’ in two places. Subsec. (b)(1). Pub. L. 102–83 substituted ‘‘adminis- tered by the Secretary’’ for ‘‘administered by the Vet- erans’ Administration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5110’’ for ‘‘3010’’. Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5305’’ for ‘‘3105’’. Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5310’’ for ‘‘3110’’. 1984—Subsec. (c). Pub. L. 98–223 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to ad- dress appeals of decisions on legacy claims, with provi- sion for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and brack- eted note thereunder. EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–154, title V, § 507(c), Aug. 6, 2012, 126 Stat. 1194, provided that: ‘‘The amendments made by this section [amending this section and section 5310 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to deaths that occur on or after that date.’’ EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–275, title VI, § 605(b), Oct. 13, 2010, 124 Stat. 2886, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on October 1, 2011, and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title. EFFECTIVE DATE Pub. L. 97–253, title IV, § 401(b), Sept. 8, 1982, 96 Stat. 802, provided that: ‘‘Section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982.’’ § 5112. Effective dates of reductions and discontinuances (a) Except as otherwise specified in this sec- tion, the effective date of reduction or dis- continuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with the facts found. (b) The effective date of a reduction or dis- continuance of compensation, dependency and indemnity compensation, or pension— (1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs; (2) by reason of marriage, annulment, di- vorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, annulment, divorce, or death oc- curs; (3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began; (4) by reason of— (A) change in income shall (except as pro- vided in section 5312 of this title) be the last day of the month in which the change oc- curred; and (B) change in corpus of estate shall be the last day of the calendar year in which the change occurred; (5) by reason of a change in disability or em- ployability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved; (6) by reason of change in law or administra- tive issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or em- ployability status or change in physical condi- tion shall be the last day of the month fol- lowing sixty days from the date of notice to the payee of the reduction or discontinuance; (7) by reason of the discontinuance of school attendance of a payee or a dependent of a payee shall be the last day of the month in which such discontinuance occurred; (8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day of the month in which the hospital discharge or ter- mination of treatment occurred, whichever is earlier; (9) by reason of an erroneous award based on an act of commission or omission by the bene- ficiary, or with the beneficiary’s knowledge, shall be the effective date of the award; and Page 1046 TITLE 38—VETERANS’ BENEFITS § 5113 (10) by reason of an erroneous award based solely on administrative error or error in judg- ment shall be the date of last payment. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3012; Pub. L. 87–825, § 2, Oct. 15, 1962, 76 Stat. 949; Pub. L. 89–730, § 3, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 90–275, § 5, Mar. 28, 1968, 82 Stat. 68; Pub. L. 92–198, § 3, Dec. 15, 1971, 85 Stat. 664; Pub. L. 94–433, title IV, § 402, Sept. 30, 1976, 90 Stat. 1378; Pub. L. 95–588, title III, § 303, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 97–253, title IV, § 402(a), Sept. 8, 1982, 96 Stat. 802; Pub. L. 99–576, title V, § 503, title VII, § 701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; re- numbered § 5112 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 107–103, title II, § 204(b)(2), Dec. 27, 2001, 115 Stat. 990; Pub. L. 117–168, title VIII, § 807(a)(4), Aug. 10, 2022, 136 Stat. 1806.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(6). Pub. L. 117–168 struck out ‘‘(at the payee’s last address of record)’’ after ‘‘notice to the payee’’. 2001—Subsec. (c). Pub. L. 107–103 struck out subsec. (c) which read as follows: ‘‘The effective date of a dis- continuance under section 5503(b)(1)(A) of this title of pension, compensation, or emergency officers’ retire- ment pay by reason of hospital treatment or institu- tional or domiciliary care shall be the last day of the first month of such treatment or care during which the value of the veteran’s estate, as determined under such section, equals or exceeds $1,500.’’ 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3012 of this title as this section. Subsec. (b)(4)(A). Pub. L. 102–40, § 402(d)(1), sub- stituted ‘‘5312’’ for ‘‘3112’’. Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5503(b)(1)(A)’’ for ‘‘3203(b)(1)(A)’’. 1986—Subsec. (b)(6). Pub. L. 99–576, § 701(64), sub- stituted ‘‘the payee’s’’ for ‘‘his’’. Subsec. (c). Pub. L. 99–576, § 503, added subsec. (c). 1982—Subsec. (b)(2). Pub. L. 97–253 substituted ‘‘month’’ for ‘‘calendar year’’. 1978—Subsec. (b)(4). Pub. L. 95–588 restructured sub- section and, as so restructured, provided that the effec- tive date of a change in compensation by reason of a change in income would be the last day of the month in which the change occurred rather than the last day in the calendar year in which such change in income occurred. 1976—Subsec. (b)(2). Pub. L. 94–433, § 402(1), inserted ‘‘annulment,’’ before ‘‘divorce’’ in two places. Subsec. (b)(9). Pub. L. 94–433, § 402(2), substituted ‘‘the beneficiary’s’’ for ‘‘his’’ before ‘‘knowledge’’. 1971—Subsec. (b)(2). Pub. L. 92–198 substituted ‘‘last day of the calendar year’’ for ‘‘last day of the month’’. 1968—Subsec. (b)(4). Pub. L. 90–275 struck out excep- tion which provided that where change in income is due to an increase in payments under a public or private re- tirement plan the effective date of the resulting reduc- tion or discontinuance shall be the last day of the cal- endar year in which the change occurred. 1966—Subsec. (b)(4). Pub. L. 89–730 provided for excep- tion that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or dis- continuance shall be the last day of the calendar year in which the change occurred. 1962—Subsecs. (b), (c). Pub. L. 87–825 redesignated subsec. (c) as (b), amended such subsec. generally, and among other changes, inserted provisions relating to the marriage, divorce, or death of a dependent of a payee, the change in income or corpus of an estate, the change in disability or employability of a veteran, the change in law or administrative issue of service-con- nected or employability status or physical condition, the discontinuance of school attendance, the termi- nation of a temporary increase in compensation for hospitalization or treatment, an erroneous award based on an act or omission of the beneficiary or with his knowledge, and an erroneous award based solely on ad- ministrative error or error in judgment, changed the ef- fective date by reason of death, or by reason of mar- riage or remarriage, from the date of death, or the day before the date of marriage or remarriage, respectively, to the last day of the month before such death, mar- riage or remarriage occurs, and eliminated provisions relating to attaining age 18 or 21, as applicable, and to fraud on the part of the beneficiary or with his knowl- edge. Former subsec. (b), which related to the effective date of a reduction or discontinuance in rates, of a compensation, dependency and indemnity compensa- tion, or a pension award, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–253, title IV, § 402(b), Sept. 8, 1982, 96 Stat. 802, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to any marriage, annulment, divorce, or death that occurs after September 30, 1982.’’ 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 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–198 effective Jan. 1, 1972, see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–275 effective first day of first calendar month following month of initial pay- ment of increases in monthly insurance benefits pro- vided by Social Security Amendments of 1967, see sec- tion 6(b) of Pub. L. 90–275, set out as a note under sec- tion 1521 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–730 effective first day of second calendar month following Nov. 2, 1966, see sec- tion 7(a) of Pub. L. 89–730, set out as a note under sec- tion 1315 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title. RULE OF CONSTRUCTION Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title. § 5113. Effective dates of educational benefits (a) Except as provided in subsections (b) and (c), effective dates relating to awards under chapters 30, 31, 32, 34, and 35 of this title or chap- ter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.