US (United States) Code. Title 38. Part II. Chapter 13: Dependency and indemnity compensation for service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

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-CITE-

38 USC CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION

FOR SERVICE-CONNECTED DEATHS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

-HEAD-

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1301. Definitions.

1302. Determination of pay grade.

1303. Cost-of-living adjustments.

1304. Special provisions relating to surviving spouses.

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

1310. Deaths entitling survivors to dependency and indemnity

compensation.

1311. Dependency and indemnity compensation to a surviving

spouse.

1312. Benefits in certain cases of in-service or

service-connected deaths.

1313. Dependency and indemnity compensation to children.

1314. Supplemental dependency and indemnity compensation to

children.

1315. Dependency and indemnity compensation to parents.

1316. Dependency and indemnity compensation in cases of

prior deaths.

1317. Restriction on payments under this chapter.

1318. Benefits for survivors of certain veterans rated

totally disabled at time of death.

SUBCHAPTER III - CERTIFICATIONS

1321. Certifications with respect to pay grade.

1322. Certifications with respect to social security

entitlement.

1323. Certifications with respect to circumstances of death.

AMENDMENTS

1997 - Pub. L. 105-33, title VIII, Sec. 8031(b)(2), Aug. 5, 1997,

111 Stat. 669, added item 1303.

1991 - Pub. L. 102-83, Secs. 4(b)(3)(B), 5(b)(1), Aug. 6, 1991,

105 Stat. 405, 406, renumbered items 401 to 423 as 1301 to 1323,

respectively, and in item 1323 substituted "with respect to

circumstances of death" for "by Administrator".

1988 - Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(2), Nov.

18, 1988, 102 Stat. 4130, added item 418.

1982 - Pub. L. 97-306, title I, Sec. 113(b)(2), Oct. 14, 1982, 96

Stat. 1432, struck out item 403 "Coverage of members of Reserve

Officers' Training Corps".

1976 - Pub. L. 94-433, Sec. 405(6), (8), Sept. 30, 1976, 90 Stat.

1379, substituted "surviving spouses" for "widows" in item 404 and

"surviving spouse" for "widow" in item 411.

1969 - Pub. L. 91-96, Sec. 6, Oct. 27, 1969, 83 Stat. 145,

substituted "Determination of pay grade" for "Computation of basic

pay" in item 402 and "Certifications with respect to pay grade" for

"Certifications with respect to basic pay" in item 421.

UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS;

EFFECTIVE DATE

Provisions of section 552(a) of Title 37, Pay and Allowances of

the Uniformed Services, for full effectiveness for all purposes of

promotion of a member while in a missing status notwithstanding a

determination of death before the making of the promotion effective

as of Nov. 24, 1971, for the purposes of this chapter, see section

2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as an

Effective Date of 1973 Amendment note under section 552 of Title

37.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 106, 107, 1151,

4213, 5105, 5310, 5313, 5313B of this title; title 10 sections

1431, 1446; title 26 section 6334; title 31 section 3803.

-End-

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38 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

38 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1301. Definitions

-STATUTE-

As used in this chapter -

The term "veteran" includes a person who died in the active

military, naval, or air service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 401; Pub. L.

91-24, Sec. 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, Sec.

5, Oct. 27, 1969, 83 Stat. 145; renumbered Sec. 1301, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 401 of this title as

this section.

1969 - Pub. L. 91-96 struck out par. (1) which defined "basic

pay".

Par. (1). Pub. L. 91-24 substituted "sections 201, 202, 203, 204,

205, or 207 of title 37" for "sections 232(a), 232(e), or 308 of

Title 37".

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-96 effective first day of second calendar

month which begins after Oct. 27, 1969, see section 8 of Pub. L.

91-96, set out as a note under section 1302 of this title.

COST-OF-LIVING INCREASES IN COMPENSATION RATES

For limitation on increases in dependency and indemnity

compensation payable under this chapter, see section 8005 of Pub.

L. 101-508, set out as a note under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 sections 1612, 1613, 1622.

-End-

-CITE-

38 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1302. Determination of pay grade

-STATUTE-

(a) With respect to a veteran who died in the active military,

naval, or air service, such veteran's pay grade shall be determined

as of the date of such veteran's death or as of the date of a

promotion after death while in a missing status.

(b) With respect to a veteran who did not die in the active

military, naval, or air service, such veteran's pay grade shall be

determined as of -

(1) the time of such veteran's last discharge or release from

active duty under conditions other than dishonorable; or

(2) the time of such veteran's discharge or release from any

period of active duty for training or inactive duty training, if

such veteran's death results from service-connected disability

incurred during such period and if such veteran was not

thereafter discharged or released under conditions other than

dishonorable from active duty.

(c) The pay grade of any veteran described in section 106(b) of

this title shall be that to which such veteran would have been

assigned upon final acceptance or entry upon active duty.

(d) If a veteran has satisfactorily served on active duty for a

period of six months or more in a pay grade higher than that

specified in subsection (a) or (b) and any subsequent discharge or

release from active duty was under conditions other than

dishonorable, the higher pay grade shall be used if it will result

in greater monthly payments to such veteran's surviving spouse

under this chapter. The determination as to whether an individual

has served satisfactorily for the required period in a higher pay

grade shall be made by the Secretary of the department in which

such higher pay grade was held.

(e) The pay grade of any person not otherwise described in this

section, but who had a compensable status on the date of such

person's death under laws administered by the Secretary, shall be

determined by the head of the department under which such person

performed the services by which such person obtained such status

(taking into consideration such person's duties and

responsibilities) and certified to the Secretary. For the purposes

of this chapter, such person shall be deemed to have been on active

duty while performing such services.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 402; Pub. L.

86-492, June 8, 1960, 74 Stat. 161; Pub. L. 89-622, Sec. 1, Oct. 4,

1966, 80 Stat. 873; Pub. L. 91-96, Sec. 1, Oct. 27, 1969, 83 Stat.

144; Pub. L. 92-169, Sec. 2, Nov. 24, 1971, 85 Stat. 489; Pub. L.

94-433, title IV, Sec. 405(1)-(3), Sept. 30, 1976, 90 Stat. 1379;

Pub. L. 102-54, Sec. 14(b)(2), June 13, 1991, 105 Stat. 283;

renumbered Sec. 1302 and amended Pub. L. 102-83, Secs. 4(a)(1),

(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 402 of this

title as this section.

Subsec. (d). Pub. L. 102-54 substituted "department" for

"Department".

Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" before period at end of first

sentence.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(1), substituted

"such veteran's" for "his" in two places.

Subsec. (b). Pub. L. 94-433, Sec. 405(1), substituted "such

veteran's" for "his" in introductory clause and items (1) and (2)

and "such veteran" for "he" in item (2).

Subsec. (c). Pub. L. 94-433, Sec. 405(2), substituted "such

veteran" for "he".

Subsec. (d). Pub. L. 94-433, Sec. 405(2), substituted "such

veteran's surviving spouse" for "his widow".

Subsec. (e). Pub. L. 94-433, Sec. 405(3), substituted "such

person's" for "his" in two places and "such person" for "he".

1971 - Subsec. (a). Pub. L. 92-169 provided, with regard to

determination of veteran's pay grade at date of his death, that in

the case of a promotion after death while the veteran is in a

missing status, the pay grade determination date is the date of

such promotion.

1969 - Pub. L. 91-96 substituted "Determination of pay grade" for

"Computation of basic pay" in section catchline.

Subsec. (a). Pub. L. 91-96 substituted provisions determining the

pay grade of a veteran who died in the active service for

provisions determining the basic pay of a veteran who died in the

active service as that prescribed on Jan. 1, 1957, or on the date

of his death (whichever is the later date) for a member of a

uniformed service on active duty of the same rank and years of

service.

Subsec. (b). Pub. L. 91-96 substituted provisions determining the

pay grade of a veteran who did not die in the active service for

provisions determining the basic pay of a veteran who did not die

in the active service as that prescribed on Jan. 1, 1957, or on the

date of his death (whichever is the later date) for a member of a

uniformed service on active duty of the same rank and years of

service.

Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as

(c) and substituted "pay grade" for "basic pay" and "assigned" for

"entitled". Former subsec. (c)(2) redesignated (e).

Subsec. (d). Pub. L. 91-96 substituted provisions determining the

applicability of a higher pay grade of a veteran who had served six

months or more in a pay grade higher than that specified in subsec.

(a) or (b) for provisions determining the basic pay of a veteran

who had served six months or more in a rank higher than that

specified in the former provisions of subsec. (a) or (b).

Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as

(e), substituted "pay grade" for "basic pay", and struck out "and

years of service" after "responsibilities".

1966 - Subsec. (d). Pub. L. 89-622 substituted "any subsequent

discharge or release from active duty was under conditions other

than dishonorable" for "was so serving in such rank within one

hundred and twenty days before death in the active military, naval,

or air service or before last discharge or release from active duty

under conditions other than dishonorable".

1960 - Subsec. (d). Pub. L. 86-492 added subsec. (d).

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

Section 3 of Pub. L. 92-169 provided that: "For the purposes of

chapter 13 of title 38, United States Code, this Act [amending this

section and section 552 of Title 37, Pay and Allowances of the

Uniformed Services] becomes effective upon the date of enactment

[Nov. 24, 1971]. For all other purposes this Act becomes effective

as of February 28, 1961."

EFFECTIVE DATE OF 1969 AMENDMENT

Section 8 of Pub. L. 91-96 provided that: "This Act [amending

this section and sections 322 [now 1122], 401 [now 1301], 403, 411

[now 1311], and 421 [now 1321] of this title] shall take effect on

the first day of the second calendar month which begins after the

date of enactment [Oct. 27, 1969]."

EFFECTIVE DATE OF 1966 AMENDMENT

Section 2 of Pub. L. 89-622 provided that: "The amendment made by

this Act [amending this section] shall take effect on the first day

of the second calendar month after the date of enactment of this

Act [Oct. 4, 1966]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1311 of this title.

-End-

-CITE-

38 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1303. Cost-of-living adjustments

-STATUTE-

(a) In the computation of cost-of-living adjustments for fiscal

years 1998 through 2011 in the rates of dependency and indemnity

compensation payable under this chapter, such adjustments (except

as provided in subsection (b)) shall be made by a uniform

percentage that is no more than the percentage equal to the social

security increase for that fiscal year, with all increased monthly

rates (other than increased rates equal to a whole dollar amount)

rounded down to the next lower whole dollar amount.

(b) For purposes of this section, the term "social security

increase" means the percentage by which benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.)

are increased for any fiscal year as a result of a determination

under section 215(i) of such Act (42 U.S.C. 415(i)).

-SOURCE-

(Added Pub. L. 105-33, title VIII, Sec. 8031(b)(1), Aug. 5, 1997,

111 Stat. 668; amended Pub. L. 107-103, title II, Sec. 205, Dec.

27, 2001, 115 Stat. 990.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is

classified generally to subchapter II (Sec. 401 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103 substituted "2011" for

"2002".

-End-

-CITE-

38 USC Sec. 1304 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1304. Special provisions relating to surviving spouses

-STATUTE-

No dependency and indemnity compensation shall be paid to the

surviving spouse of a veteran dying after December 31, 1956, unless

such surviving spouse was married to such veteran -

(1) before the expiration of fifteen years after the

termination of the period of service in which the injury or

disease causing the death of the veteran was incurred or

aggravated; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 404; Pub. L.

90-77, title I, Sec. 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L.

94-433, title IV, Sec. 405(4), (5), Sept. 30, 1976, 90 Stat. 1379;

renumbered Sec. 1304, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 404 of this title as

this section.

1976 - Pub. L. 94-433, Sec. 405(4), (5), substituted "surviving

spouse", "such surviving spouse", and "such veteran" for "widow",

"she", and "him", respectively, in introductory clause and

"surviving spouses" for "widows" in section catchline.

1967 - Pub. L. 90-77 qualified widow of a veteran for receipt of

compensation by reducing in par. (2) the requisite marriage period

from five years to one year and by making her eligible for benefits

in par. (3) in event of antenuptial birth.

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 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 sections 1612, 1613, 1622.

-End-

-CITE-

38 USC SUBCHAPTER II - DEPENDENCY AND INDEMNITY

COMPENSATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-End-

-CITE-

38 USC Sec. 1310 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1310. Deaths entitling survivors to dependency and indemnity

compensation

-STATUTE-

(a) When any veteran dies after December 31, 1956, from a

service-connected or compensable disability, the Secretary shall

pay dependency and indemnity compensation to such veteran's

surviving spouse, children, and parents. The standards and criteria

for determining whether or not a disability is service-connected

shall be those applicable under chapter 11 of this title.

(b) Dependency and indemnity compensation shall not be paid to

the surviving spouse, children, or parents of any veteran dying

after December 31, 1956, unless such veteran (1) was discharged or

released under conditions other than dishonorable from the period

of active military, naval, or air service in which the disability

causing such veteran's death was incurred or aggravated, or (2)

died while in the active military, naval, or air service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 410; Pub. L.

94-433, title IV, Sec. 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub.

L. 95-479, title II, Sec. 204, Oct. 18, 1978, 92 Stat. 1564; Pub.

L. 97-306, title I, Sec. 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub.

L. 100-687, div. B, title XIV, Sec. 1403(b), Nov. 18, 1988, 102

Stat. 4131; renumbered Sec. 1310 and amended Pub. L. 102-83, Secs.

4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 410 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1988 - Subsecs. (b), (c). Pub. L. 100-687 redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

"(1) Notwithstanding the provisions of subsection (a) of this

section, when any veteran dies, not as the result of the veteran's

own willful misconduct, if the veteran was in receipt of or

entitled to receive (or but for the receipt of retired or

retirement pay was entitled to receive) compensation at the time of

death for a service-connected disability that either (A) was

continuously rated totally disabling for a period of ten or more

years immediately preceding death, or (B) if so rated for a lesser

period, was so rated continuously for a period of not less than

five years from the date of such veteran's discharge or other

release from active duty, the Administrator shall pay benefits

under this chapter to the veteran's surviving spouse, if such

surviving spouse was married to such veteran for not less than two

years immediately preceding such veteran's death, and to such

veteran's children, in the same manner as if the veteran's death

were service connected.

"(2) If a surviving spouse or a child receives any money or

property of value pursuant to an award in a judicial proceeding

based upon, or a settlement or compromise of, any cause of action

for damages for the death of a veteran described in paragraph (1)

of this subsection, benefits under this chapter payable to such

surviving spouse or child by virtue of this subsection shall not be

paid for any month following a month in which any such money or

property is received until such time as the total amount of such

benefits that would otherwise have been payable equals the total of

the amount of the money received and the fair market value of the

property received.

"(3) For purposes of sections 1448(d) and 1450(c) of title 10,

eligibility for benefits under this chapter by virtue of this

subsection shall be deemed eligibility for dependency and indemnity

compensation under section 411(a) of this title."

1982 - Subsec. (b)(1). Pub. L. 97-306 inserted "or entitled to

receive" after "was in receipt of".

1978 - Subsecs. (b), (c). Pub. L. 95-479 added subsec. (b) and

redesignated former subsec. (b) as (c).

1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's

surviving spouse" for "his widow".

Subsec. (b). Pub. L. 94-433 substituted "surviving spouse", "such

veteran", and "such veteran's" for "widow", "he", and "his",

respectively.

EFFECTIVE DATE OF 1982 AMENDMENT; RETROSPECTIVE PAYMENTS

Section 112(b) of Pub. L. 97-306 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall take effect on October 1, 1982.

"(2)(A) As soon as practicable after September 30, 1982, the

Administrator of Veterans' Affairs shall pay an amount determined

under subparagraph (B) to each person who would have been entitled

to a payment under chapter 13 of title 38, United States Code, for

any part of the period beginning on October 1, 1978, and ending on

September 30, 1982, if the amendment made by subsection (a)

[amending this section] had taken effect on October 1, 1978.

"(B) The amount of any payment to a person under subparagraph (A)

is the amount equal to the total of all payments under chapter 13

of title 38, United States Code, that would have been made to that

person for the period described in such subparagraph if the

amendment made by subsection (a) [amending this section] had taken

effect on October 1, 1978."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 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.

GAO REPORT RELATING TO BENEFITS FOR SURVIVORS OF VETERANS AND

MEMBERS OF ARMED FORCES

Pub. L. 102-568, title I, Sec. 104, Oct. 29, 1992, 106 Stat.

4322, provided that:

"(a) In General. - The Comptroller General of the United States

shall submit to the Committees on Veterans' Affairs of the Senate

and House of Representatives a report with respect to the most

appropriate combination of financial, health-care, educational, and

other survivor benefits to meet the needs of survivors of veterans.

"(b) Contents of Report. - The report shall include the

following:

"(1) A review and compilation of data on current and proposed

survivor benefits programs that will permit an assessment of the

adequacy of such benefits programs, including information on -

"(A) in the case of each current and proposed alternative

survivor benefits program -

"(i) each benefit provided;

"(ii) the survivors entitled to the benefit;

"(iii) the extent to which survivors are entitled to

similar benefits under the program; and

"(iv) the costs of providing such benefits under the

program;

"(B) the extent to which current and anticipated benefits

under current survivor benefits programs meet the current and

anticipated financial, health-care, educational, and other

needs of survivors; and

"(C) the differences, if any, in the survivor benefits

provided under current and proposed survivor benefits programs

to survivors of various categories of veterans and members of

the Armed Forces (including survivors of veterans having

service-connected disabilities, veterans without such

disabilities, members of the Armed Forces who die during

service in the Armed Forces, members of the Armed Forces

retired under any provision of law other than chapter 61 of

title 10, United States Code, and members of the Armed Forces

retired under chapter 61 of title 10, United States Code

(relating to retirement or separation for physical

disability)).

"(2) A review and compilation of existing studies on the

adequacy of survivor benefits provided under current and proposed

survivor benefits programs to meet the financial, health-care,

educational, and other needs of survivors.

"(3) A comprehensive assessment and evaluation of the adequacy

of current and proposed survivor benefits programs, including

data and methods for an assessment and evaluation of -

"(A) the feasibility and desirability of limiting the period

of entitlement of survivors to survivor benefits;

"(B) the feasibility and desirability of modifying the

provision of monetary benefits to survivors by -

"(i) revising the term of payment of any such benefits;

"(ii) replacing the periodic payment of such benefits with

a lump sum payment;

"(iii) providing such benefits through insurance or other

premium-based payment mechanisms; or

"(iv) carrying out any other revision or modification

proposed before the date of the enactment of this Act [Oct.

29, 1992] by the Secretary of Veterans Affairs, the Secretary

of Defense, the Secretary of Health and Human Services, or

organizations recognized by the Secretary of Veterans Affairs

under section 5902(a)(1) of title 38, United States Code;

"(C) the feasibility and desirability of modifying the

provision of health-care benefits to survivors;

"(D) the feasibility and desirability of modifying the

provision of benefits to children survivors; and

"(E) the feasibility and desirability of consolidating,

expanding, or otherwise modifying any program relating to the

provision of survivor benefits.

"(4) The recommendations of the Comptroller General (including

a proposal for legislation) on the most appropriate combination

of survivor benefits to meet the current and anticipated

financial, health-care, educational, and other needs of

survivors.

"(c) Submission of Report. - The Comptroller General shall submit

the report not later than April 1, 1994.

"(d) Definitions. - In this section:

"(1) The term 'survivor', in the case of a veteran or member of

the Armed Forces who dies, means the surviving spouse or

surviving dependent child of the veteran or member.

"(2) The term 'survivor benefit' means any monetary,

health-care, educational, or other benefit paid, payable, or

otherwise provided to survivors of veterans and survivors of

members of the Armed Forces under the following:

"(A) Laws administered by the Secretary of Veterans Affairs.

"(B) Laws administered by the Secretary of Defense.

"(C) The Social Security Act (42 U.S.C. 301 et seq.).

"(3) The term 'veteran' has the meaning given such term in

section 101(2) of title 38, United States Code."

DEPENDENCY AND INDEMNITY COMPENSATION PROGRAM

Section 204 of Pub. L. 94-433 directed Administrator of Veterans'

Affairs to study dependency and indemnity compensation program

authorized by this chapter in order to evaluate benefits provided

by program and to determine whether, or to what extent, benefits

should be based on military pay grade of person upon whose death

entitlement is predicated, and directed Administrator to submit to

Congress and President not later than Oct. 1, 1977, a report

containing results of study together with Administrator's

recommendations for improvement of program.

STUDY BY ADMINISTRATOR OF DEPENDENCY AND INDEMNITY COMPENSATION

CLAIMS

Pub. L. 94-71, Sec. 204, Aug. 5, 1975, 89 Stat. 397, directed

Administrator of Veterans' Affairs to make a study of claims for

dependency and indemnity compensation relating to veterans who at

time of death during period Sept. 1, 1975 to Mar. 1, 1976, were

receiving disability compensation based upon a total and permanent

disability and required report to be submitted to Speaker of House

and President of Senate no later than Oct. 1, 1976.

Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183,

directed Administrator to make a study of claims for dependency and

indemnity compensation relating to veterans who, at time of death

within six months of May 31, 1974, were receiving disability

compensation, and to report to Speaker of House and President of

Senate no more than 30 days after beginning of 94th Congress.

-End-

-CITE-

38 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1311. Dependency and indemnity compensation to a surviving

spouse

-STATUTE-

(a)(1) Dependency and indemnity compensation shall be paid to a

surviving spouse at the monthly rate of $948.

(2) The rate under paragraph (1) shall be increased by $204 in

the case of the death of a veteran who at the time of death was in

receipt of or was entitled to receive (or but for the receipt of

retired pay or retirement pay was entitled to receive) compensation

for a service-connected disability that was rated totally disabling

for a continuous period of at least eight years immediately

preceding death. In determining the period of a veteran's

disability for purposes of the preceding sentence, only periods in

which the veteran was married to the surviving spouse shall be

considered.

(3) In the case of dependency and indemnity compensation paid to

a surviving spouse that is predicated on the death of a veteran

before January 1, 1993, the monthly rate of such compensation shall

be the amount based on the pay grade of such veteran, as set forth

in the following table, if the amount is greater than the total

amount determined with respect to that veteran under paragraphs (1)

and (2):

Pay grade Monthly rate

E-1 $948

E-2 948

E-3 948

E-4 948

E-5 948

E-6 948

E-7 980

E-8 1,035

E-9 1,080 (!1)

W-1 1,001

W-2 1,042

W-3 1,072

W-4 1,134

O-1 1,001

O-2 1,035

O-3 1,107

O-4 1,171

O-5 1,289

O-6 1,453

O-7 1,570

O-8 1,722

O-9 1,843

O-10 2,021 (!2)

(!1)If the veteran served as sergeant major of the Army, senior

enlisted advisor of the Navy, chief master sergeant of the Air

Force, sergeant major of the Marine Corps, or master chief petty

officer of the Coast Guard, at the applicable time designated by

section 1302 of this title, the surviving spouse's rate shall be

$1,165.

(!2)If the veteran served as Chairman or Vice-Chairman of the

Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval

Operations, Chief of Staff of the Air Force, Commandant of the

Marine Corps, or Commandant of the Coast Guard, at the applicable

time designated by section 1302 of this title, the surviving

spouse's rate shall be $2,168.

(b) If there is a surviving spouse with one or more children

below the age of eighteen of a deceased veteran, the dependency and

indemnity compensation paid monthly to the surviving spouse shall

be increased by $237 for each such child.

(c) The monthly rate of dependency and indemnity compensation

payable to a surviving spouse shall be increased by $237 if the

spouse is (1) a patient in a nursing home or (2) helpless or blind,

or so nearly helpless or blind as to need or require the regular

aid and attendance of another person.

(d) The monthly rate of dependency and indemnity compensation

payable to a surviving spouse shall be increased by $113 if the

surviving spouse is, by reason of disability, permanently

housebound but does not qualify for the aid and attendance

allowance under subsection (c) of this section. For the purposes of

this subsection, the requirement of "permanently housebound" will

be considered to have been met when the surviving spouse is

substantially confined to such surviving spouse's home (ward or

clinical areas, if institutionalized) or immediate premises by

reason of a disability or disabilities which it is reasonably

certain will remain throughout such surviving spouse's lifetime.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 411; Pub. L.

87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21,

Sec. 1, May 15, 1963, 77 Stat. 17; Pub. L. 88-134, Sec. 1, Oct. 5,

1963, 77 Stat. 223; Pub. L. 91-24, Sec. 4(b), June 11, 1969, 83

Stat. 33; Pub. L. 91-96, Sec. 3, Oct. 27, 1969, 83 Stat. 144; Pub.

L. 91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197,

Sec. 1, Dec. 15, 1971, 85 Stat. 660; Pub. L. 92-455, Sec. 4, Oct.

2, 1972, 86 Stat. 761; Pub. L. 93-295, title II, Sec. 201, May 31,

1974, 88 Stat. 182; Pub. L. 94-71, title II, Sec. 201, Aug. 5,

1975, 89 Stat. 396; Pub. L. 94-433, title II, Sec. 201, Sept. 30,

1976, 90 Stat. 1375; Pub. L. 95-117, title II, Sec. 201, Oct. 3,

1977, 91 Stat. 1064; Pub. L. 95-479, title II, Sec. 201, Oct. 18,

1978, 92 Stat. 1562; Pub. L. 96-128, title II, Sec. 201, Nov. 28,

1979, 93 Stat. 984; Pub. L. 96-385, title II, Sec. 201, Oct. 7,

1980, 94 Stat. 1529; Pub. L. 97-66, title II, Sec. 201, Oct. 17,

1981, 95 Stat. 1028; Pub. L. 97-253, title IV, Sec. 405(e), Sept.

8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Secs. 104, 107,

Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, Sec.

104, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, Sec. 104,

Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, Sec. 104,

Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, Sec. 104,

Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-180, div. A, title XIII,

Sec. 1314(d)[(1)], Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-227,

title I, Sec. 104, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687,

div. B, title XI, Sec. 1104, Nov. 18, 1988, 102 Stat. 4124; Pub. L.

101-237, title I, Sec. 104, Dec. 18, 1989, 103 Stat. 2063; Pub. L.

102-3, Sec. 5, Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1311 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 102-152, Sec. 5, Nov. 12, 1991, 105 Stat. 986; Pub. L.

102-568, title I, Sec. 102(a), (b), Oct. 29, 1992, 106 Stat. 4321,

4322; Pub. L. 103-78, Sec. 4, Aug. 13, 1993, 107 Stat. 768; Pub. L.

103-140, Sec. 5, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105-98,

Sec. 5, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 105-178, title VIII,

Sec. 8207(a), June 9, 1998, 112 Stat. 495; Pub. L. 106-117, title

V, Sec. 502(b), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 106-118,

Sec. 5, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 5, Dec.

21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec. 309(d),

Dec. 6, 2002, 116 Stat. 2830.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-330, Sec. 309(d)(1)(A),

substituted "$948" for "$935".

Subsec. (a)(2). Pub. L. 107-330, Sec. 309(d)(1)(B), substituted

"$204" for "$202".

Subsec. (a)(3). Pub. L. 107-330, Sec. 309(d)(2), generally

upgraded monthly rates for all pay grades, in footnote 1,

substituted "sergeant major of the Army, senior enlisted advisor of

the Navy, chief master sergeant of the Air Force, sergeant major of

the Marine Corps, or master chief petty officer of the Coast Guard"

for "Sergeant Major of the Army, Senior Enlisted Advisor of the

Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the

Marine Corps, or Master Chief Petty Officer of the Coast Guard" and

"$1,165" for "$1,149", and, in footnote 2, substituted "$2,168" for

"$2,139".

Subsec. (b). Pub. L. 107-330, Sec. 309(d)(3), substituted "$237"

for "$234".

Subsec. (c). Pub. L. 107-330, Sec. 309(d)(4), substituted "$237"

for "$234".

Subsec. (d). Pub. L. 107-330, Sec. 309(d)(5), substituted "$113"

for "$112".

2001 - Subsec. (a)(1). Pub. L. 107-94, Sec. 5(a)(1), substituted

"$935" for "$881".

Subsec. (a)(2). Pub. L. 107-94, Sec. 5(a)(2), substituted "$202"

for "$191".

Subsec. (a)(3). Pub. L. 107-94, Sec. 5(b), generally upgraded

monthly rates for all pay grades, in footnote 1, substituted

"Sergeant Major of the Army, Senior Enlisted Advisor of the Navy,

Chief Master Sergeant of the Air Force, Sergeant Major of the

Marine Corps, or Master Chief Petty Officer" for "sergeant major of

the Army, senior enlisted advisor of the Navy, chief master

sergeant of the Air Force, sergeant major of the Marine Corps, or

master chief petty officer" and "$1,149" for "$1,082", and, in

footnote 2, substituted "$2,139" for "$2,013".

Subsec. (b). Pub. L. 107-94, Sec. 5(c), substituted "$234" for

"$222".

Subsec. (c). Pub. L. 107-94, Sec. 5(d), substituted "$234" for

"$222".

Subsec. (d). Pub. L. 107-94, Sec. 5(e), substituted "$112" for

"$107".

1999 - Subsec. (a)(1). Pub. L. 106-118, Sec. 5(a)(1), substituted

"$881" for "$850".

Subsec. (a)(2). Pub. L. 106-118, Sec. 5(a)(2), substituted "$191"

for "$185".

Subsec. (a)(3). Pub. L. 106-118, Sec. 5(b), generally upgraded

monthly rates for all pay grades, substituted "section 1302 of this

title" for "section 402 of this title" and "$1,082" for "$1,044" in

footnote 1, and substituted "section 1302 of this title" for

"section 402 of this title" and "$2,013" for "$1,941" in footnote

2.

Subsecs. (b), (c). Pub. L. 106-118, Sec. 5(c), (d), substituted

"$222" for "$215".

Subsec. (d). Pub. L. 106-118, Sec. 5(e), substituted "$107" for

"$104".

Pub. L. 106-117 struck out subsec. (e) which provided that the

termination by death, divorce, or annulment of the remarriage of

the surviving spouse of a veteran or cessation of a surviving

spouse living with another person would not bar the furnishing of

dependency or indemnity compensation in the absence of fraud.

1998 - Subsec. (e). Pub. L. 105-178 added subsec. (e).

1997 - Subsec. (a)(1). Pub. L. 105-98, Sec. 5(a)(1), substituted

"$850" for "$769".

Subsec. (a)(2). Pub. L. 105-98, Sec. 5(a)(2), substituted "$185"

for "$169".

Subsec. (a)(3). Pub. L. 105-98, Sec. 5(b), inserted table entries

for pay grades E-1 to E-6, generally upgraded monthly rates in

table for pay grades E-7 to E-9, W-1 to W-4, and O-1 to O-10,

substituted "section 402 of this title" for "section 1302 of this

title" and "$1,044" for "$943" in footnote 1, and substituted

"section 402 of this title" for "section 1302 of this title" and

"$1,941" for "$1,753" in footnote 2.

Subsec. (b). Pub. L. 105-98, Sec. 5(c), substituted "$215 for

each such child." for "$100 for each such child during fiscal year

1993, $150 for each such child during fiscal year 1994, and $200

for each such child thereafter."

Subsec. (c). Pub. L. 105-98, Sec. 5(d), substituted "$215" for

"$195".

Subsec. (d). Pub. L. 105-98, Sec. 5(e), substituted "$104" for

"$95".

1993 - Subsec. (a)(1). Pub. L. 103-140, Sec. 5(1), substituted

"$769" for "$750".

Subsec. (a)(2). Pub. L. 103-140, Sec. 5(2), substituted "$169"

for "$165".

Subsec. (a)(3). Pub. L. 103-140, Sec. 5(3), generally upgraded

monthly rates in table for pay grades E-7 to E-9, W-1 to W-4, and

O-1 to O-10, struck out table entries for pay grades E-1 to E-6,

and substituted "$943" for "$934" in footnote 1 and "section 1302"

for "section 402" and "$1,753" for "$1,744" in footnote 2.

Pub. L. 103-78, Sec. 4(1), generally upgraded monthly rates for

all pay grades in table.

Subsec. (c). Pub. L. 103-140, Sec. 5(4), substituted "$195" for

"$191".

Pub. L. 103-78, Sec. 4(2), substituted "$191" for "$185".

Subsec. (d). Pub. L. 103-140, Sec. 5(5), substituted "$95" for

"$93".

Pub. L. 103-78, Sec. 4(3), substituted "$93" for "$90".

1992 - Subsec. (a). Pub. L. 102-568, Sec. 102(a), added pars. (1)

to (3) before table and struck out former provision before table

which read as follows: "Dependency and indemnity compensation shall

be paid to a surviving spouse, based on the pay grade of the person

upon whose death entitlement is predicated, at monthly rates set

forth in the following table:".

Subsec. (b). Pub. L. 102-568, Sec. 102(b), substituted "$100 for

each such child during fiscal year 1993, $150 for each such child

during fiscal year 1994, and $200 for each such child thereafter"

for "$71 for each such child".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 411 of this

title as this section.

Subsec. (a). Pub. L. 102-152, Sec. 5(1), generally upgraded

monthly rates for all pay grades.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1302" for "402" in

footnotes 1 and 2.

Pub. L. 102-3, Sec. 5(1), generally upgraded monthly rates for

all pay grades.

Subsec. (b). Pub. L. 102-152, Sec. 5(2), substituted "$71" for

"$68".

Pub. L. 102-3, Sec. 5(2), substituted "$68" for "$65".

Subsec. (c). Pub. L. 102-152, Sec. 5(3), substituted "$185" for

"$178".

Pub. L. 102-3, Sec. 5(3), substituted "$178" for "$169".

Subsec. (d). Pub. L. 102-152, Sec. 5(4), substituted "$90" for

"$87".

Pub. L. 102-3, Sec. 5(4), substituted "$87" for "$83".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 104(1), generally

upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 101-237, Sec. 104(2), substituted "$65" for

"$62".

Subsec. (c). Pub. L. 101-237, Sec. 104(3), substituted "$169" for

"$161".

Subsec. (d). Pub. L. 101-237, Sec. 104(4), substituted "$83" for

"$79".

1988 - Subsec. (a). Pub. L. 100-687, Sec. 1104(1), generally

upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 100-687, Sec. 1104(2), substituted "$62" for

"$60".

Subsec. (c). Pub. L. 100-687, Sec. 1104(3), substituted "$161"

for "$155".

Subsec. (d). Pub. L. 100-687, Sec. 1104(4), substituted "$79" for

"$76".

1987 - Subsec. (a). Pub. L. 100-227, Sec. 104(1), generally

upgraded monthly rates for all pay grades.

Pub. L. 100-180 inserted "or Vice Chairman" in footnote 2 after

table.

Subsec. (b). Pub. L. 100-227, Sec. 104(2), substituted "$60" for

"$58".

Subsec. (c). Pub. L. 100-227, Sec. 104(3), substituted "$155" for

"$149".

Subsec. (d). Pub. L. 100-227, Sec. 104(4), substituted "$76" for

"$73".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 104(1), generally

upgraded monthly rates for all pay grades.

Pub. L. 99-238, Sec. 104(1), generally upgraded monthly rates for

all pay grades.

Subsec. (b). Pub. L. 99-576, Sec. 104(2), substituted "$58" for

"$57".

Pub. L. 99-238, Sec. 104(2), substituted "$57" for "$55".

Subsec. (c). Pub. L. 99-576, Sec. 104(3), substituted "$149" for

"$147".

Pub. L. 99-238, Sec. 104(3), substituted "$147" for "$143".

Subsec. (d). Pub. L. 99-576, Sec. 104(4), substituted "$73" for

"$72".

Pub. L. 99-238, Sec. 104(4), substituted "$72" for "$70".

1984 - Subsec. (a). Pub. L. 98-543, Sec. 104(a), generally

upgraded monthly rates for all pay grades.

Pub. L. 98-223, Sec. 104(a), generally upgraded monthly rates for

all pay grades.

Subsec. (b). Pub. L. 98-543, Sec. 104(b), substituted "$55" for

"$53".

Pub. L. 98-223, Sec. 104(b), substituted "$53" for "$51".

Subsec. (c). Pub. L. 98-543, Sec. 104(c), substituted "$143" for

"$139".

Pub. L. 98-223, Sec. 104(c), substituted "$139" for "$134".

Subsec. (d). Pub. L. 98-543, Sec. 104(d), substituted "$70" for

"$68".

Pub. L. 98-223, Sec. 104(d), substituted "$68" for "$66".

1982 - Subsec. (a). Pub. L. 97-306, Secs. 104(a), 107, 108,

generally upgraded monthly rates for all pay grades, and repealed

amendments made by Pub. L. 97-253, Sec. 405(e)(1), eff. Oct. 1,

1982.

Pub. L. 97-253, Sec. 405(e)(1), (h), eff. Jan. 1, 1983, lowered

monthly rates for all grades and for positions mentioned in

footnotes by $1, except for grades E-3 through E-7.

Subsec. (b). Pub. L. 97-306, Secs. 104(b), 107, 108, substituted

"$51" for "$48", and repealed amendment made by Pub. L. 97-253,

Sec. 405(e)(2), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(e)(2), (h), eff. Jan. 1, 1983,

substituted "$47" for "$48" after "shall be increased by".

Subsec. (c). Pub. L. 97-306, Secs. 104(c), 107, 108, substituted

"$134" for "$125", and repealed amendment made by Pub. L. 97-253,

Sec. 405(e)(3), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(e)(3), (h), eff. Jan. 1, 1983,

substituted "$124" for "$125".

Subsec. (d). Pub. L. 97-306, Secs. 104(d), 107, 108, substituted

"$66" for "$62", and repealed amendment made by Pub. L. 97-253,

Sec. 405(e)(4), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(e)(4), (h), eff. Jan. 1, 1983,

substituted "$61" for "$62" after "shall be increased by".

1981 - Subsec. (a). Pub. L. 97-66, Sec. 201(a), generally

upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 97-66, Sec. 201(b), increased from $43 to

$48 monthly dependency and indemnity compensation rate for each

child.

Subsec. (c). Pub. L. 97-66, Sec. 201(c), increased monthly rate

of compensation from $112 to $125.

Subsec. (d). Pub. L. 97-66, Sec. 201(d), increased monthly rate

of compensation from $56 to $62.

1980 - Subsec. (a). Pub. L. 96-385, Sec. 201(a), generally

upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 96-385, Sec. 201(b), increased from $38 to

$43 monthly dependency and indemnity compensation rate for each

child.

Subsec. (c). Pub. L. 96-385, Sec. 201(c), increased monthly rate

of compensation from $98 to $112.

Subsec. (d). Pub. L. 96-385, Sec. 201(d), increased monthly rate

of compensation from $49 to $56.

1979 - Subsec. (a). Pub. L. 96-128, Sec. 201(a), generally

upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 96-128, Sec. 201(b), increased from $35 to

$38 monthly dependency and indemnity compensation rate for each

child.

Subsec. (c). Pub. L. 96-128, Sec. 201(c), increased monthly rate

of compensation from $89 to $98.

Subsec. (d). Pub. L. 96-128, Sec. 201(d), increased monthly rate

from $45 to $49.

1978 - Subsec. (a). Pub. L. 95-479, Sec. 201(a), generally

upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 95-479, Sec. 201(b), increased from $33 to

$35 monthly dependency and indemnity compensation rate for each

child.

Subsec. (c). Pub. L. 95-479, Sec. 201(c), increased monthly rate

of compensation from $83 to $89.

Subsec. (d). Pub. L. 95-479, Sec. 201(d), added subsec. (d).

1977 - Subsec. (a). Pub. L. 95-117 generally upgraded monthly

rates for all pay grades.

Subsec. (b). Pub. L. 95-117 increased from $31 to $33 monthly

dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 95-117 increased monthly rate of

compensation payable to a surviving spouse from $78 to $83.

1976 - Pub. L. 94-433 substituted "surviving spouse" for "widow"

in section catchline.

Subsec. (a). Pub. L. 94-433 substituted "surviving spouse" for

"widow" and "pay grade of the person upon whose death entitlement

is predicated" for "pay grade of her deceased husband" in text and

"surviving spouse's rate" for "widow's rate" in footnotes 1 and 2

and generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 94-433 substituted "surviving spouse" for

"widow" in two places and increased from $29 to $31 monthly

dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 94-433 substituted "surviving spouse" and

"spouse" for "widow" and "she" and increased monthly rate of

compensation payable from $72 to $78.

1975 - Subsec. (a). Pub. L. 94-71 generally upgraded monthly

rates for all pay grades.

Subsec. (b). Pub. L. 94-71 increased from $26 to $29 monthly

dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 94-71 increased monthly rate of compensation

payable to a widow from $64 to $72.

1974 - Subsec. (a). Pub. L. 93-295 generally upgraded monthly

rates for all pay grades.

Subsec. (b). Pub. L. 93-295 increased from $22 to $26 monthly

dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 93-295 increased monthly rate of

compensation payable to the widow from $55 to $64.

1972 - Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of

table "chief master sergeant of the Air Force, sergeant major of

the Marine Corps, or master chief petty officer of the Coast

Guard," for "chief master sergeant of the Air Force, or sergeant

major of the Marine Corps,".

1971 - Subsec. (a). Pub. L. 92-197 generally upgraded monthly

rate for all pay grades.

Subsec. (b). Pub. L. 92-197 increased dependency and indemnity

compensation rate by $22 per month for each child from $20.

Subsec. (c). Pub. L. 92-197 reenacted subsec. (c) without change.

1970 - Subsec. (c). Pub. L. 91-588 substituted "$55" for "$50".

1969 - Subsec. (a). Pub. L. 91-96 substituted provisions setting

forth dependency and indemnity compensation table based on the pay

grade of the deceased husband for provisions that dependency and

indemnity compensation was to be paid at a monthly rate equal to

$120 plus 12 per centum of basic pay of the deceased husband.

Subsec. (b). Pub. L. 91-96 substituted provisions which increased

dependency and indemnity compensation rate by $20 per month for

each child below the age of eighteen of a deceased veteran for

provisions which increased dependency and indemnity compensation

rate by $28 per month for each child of a deceased veteran in

excess of one where there was a widow and two or more children

below the age of eighteen and the total of monthly benefits they

were receiving was less than a determined amount.

Subsec. (c). Pub. L. 91-96 substituted provisions increasing

dependency and indemnity compensation rate by $50 per month for

widows that are patients in nursing homes, or are helpless or blind

for provisions authorizing Administrator to increase to next

highest dollar any fraction of a dollar payable under former

subsecs. (a) and (b).

Subsecs. (d) to (f). Pub. L. 91-96 struck out subsecs. (d) to (f)

which provided for determination of amount of additional

compensation payable to a widow under former provisions of subsec.

(b).

Subsec. (d)(3). Pub. L. 91-24 substituted "section 228c-1(h)" for

"section 228c-1(i)".

1963 - Subsec. (a). Pub. L. 88-134 increased from $112 to $120

the monthly rate of widow's dependency and indemnity compensation.

Subsec. (b). Pub. L. 88-21 substituted "$28" for "$25".

1961 - Subsec. (d)(1). Pub. L. 87-268 substituted "section

412(a)" for "section 412".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7

of Pub. L. 107-94, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section

7 of Pub. L. 106-118, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 106-117 effective on first day of first

month beginning after Nov. 1999, see section 502(c) of Pub. L.

106-117, set out as a note under section 103 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-178, title VIII, Sec. 8207(b), June 9, 1998, 112

Stat. 495, provided that: "No payment may be made by reason of

section 1311(e) of title 38, United States Code, as added by

subsection (a) [amending this section], for any month before

October 1998."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7

of Pub. L. 105-98, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section

7 of Pub. L. 103-140, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 102(c) of Pub. L. 102-568 provided that: "The amendments

made by this section [amending this section] shall take effect on

January 1, 1993."

EFFECTIVE DATE OF 1991 AMENDMENTS

Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section

7 of Pub. L. 102-152, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7

of Pub. L. 102-3, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section

106 of Pub. L. 101-237, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section

1106 of Pub. L. 100-687, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section

107 of Pub. L. 100-227, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not

effective unless benefit amounts payable under section 401 et seq.

of Title 42, The Public Health and Welfare, are increased effective

Dec. 1, 1986, as a result of a determination under section 415(i)

of Title 42, see section 107 of Pub. L. 99-576, set out as a note

under section 1114 of this title.

Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section

107 of Pub. L. 99-238, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section

107 of Pub. L. 98-543, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section

107 of Pub. L. 98-223, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section

108 of Pub. L. 97-306, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 applicable only to payments for

months beginning after Sept. 30, 1980, see section 601(a) of Pub.

L. 96-385, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section

601(a)(1) of Pub. L. 96-128, set out as a note under section 1114

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section

501 of Pub. L. 95-117, set out as a note under section 1114 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 1975 AMENDMENT

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section

1101 of Pub. L. 94-71, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 10 of Pub. L. 92-197 provided that: "This Act [amending

this section and sections 321, 322, 341, 413 to 415, 417 and 724

[now 1121, 1122, 1141, 1313 to 1315, 1317, and 1924] of this title

and enacting provisions set out as note under section 1317 of this

title] shall take effect on January 1, 1972."

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-96 effective first day of second calendar

month which begins after Oct. 27, 1969, see section 8 of Pub. L.

91-96, set out as a note under section 1302 of this title.

EFFECTIVE DATE OF 1963 AMENDMENTS

Section 2 of Pub. L. 88-134 provided that: "The amendment made by

this Act [amending this section] shall take effect on the effective

date of the Uniformed Services Pay Act of 1963 [effective Oct. 1,

1963; see Short Title note set out under section 201 of Title 37,

Pay and Allowances of the Uniformed Services] or on January 1,

1964, whichever first occurs."

Section 5 of Pub. L. 88-21 provided that: "The amendments made by

this Act [amending this section and sections 413 to 415 [now 1313

to 1315] of this title] shall take effect on the first day of the

second calendar month which begins after the date of enactment of

this Act [May 15, 1963]."

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3

of Pub. L. 87-268, set out as a note under section 1312 of this

title.

REPEAL

Section 405(e) of Pub. L. 97-253, cited as a credit to this

section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,

1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

SAVINGS PROVISION

Section 13(a) of Pub. L. 88-132, Oct. 2, 1963, 77 Stat. 218,

provided that: "The enactment of this Act [see Short Title note

under section 201 of Title 37, Pay and Allowances of the Uniformed

Services] does not reduce the rate of dependency and indemnity

compensation under section 411 [now 1311] of title 38, United

States Code, that any person was receiving on the day before the

effective date of this Act [Oct. 1, 1963] or which thereafter

becomes payable for that day by reason of a subsequent

determination."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

RATE INCREASES

For increases in rates and limitations on Department of Veterans

Affairs disability compensation and dependency and indemnity

compensation, see notes set out under section 1114 of this title.

PAYMENT FOR IMPLEMENTATION OF REVISIONS

Section 102(d) of Pub. L. 102-568 provided that: "The costs of

implementing, during fiscal years 1993 and 1994, any revisions in

the payment of dependency and indemnity compensation to surviving

spouses under section 1311 of title 38, United States Code, that

result from the amendments made by subsections (a) and (b)

[amending this section] shall be paid from amounts available to the

Department of Veterans Affairs for the payment of compensation and

pension."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 1318, 5110 of this

title; title 10 sections 1059, 1450, 1451, 1457.

-End-

-CITE-

38 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1312. Benefits in certain cases of in-service or

service-connected deaths

-STATUTE-

(a) In the case of any veteran -

(1) who dies after December 31, 1956, and is not a fully and

currently insured individual (as defined in section 214 of the

Social Security Act (42 U.S.C. 414)) at the time of such

veteran's death; and

(2) whose death occurs -

(A) while on active duty, active duty for training, or

inactive duty training; or

(B) as the result of a service-connected disability incurred

after September 15, 1940; and

(3) who leaves one or more survivors who are not entitled for

any month to monthly benefits under section 202 of the Social

Security Act (42 U.S.C. 402) on the basis of such veteran's wages

and self-employment income but who would, upon application

therefor, be entitled to such benefits if such veteran had been

fully and currently insured at the time of such veteran's death;

the Secretary shall pay for such month benefits under this section

to each such survivor in an amount equal to the amount of the

benefits which would have been paid for such month to such survivor

under title II of the Social Security Act (42 U.S.C. 401 et seq.),

if such veteran had been both fully and currently insured at the

time of such veteran's death and if such survivor had filed

application therefor on the same date on which application for

benefits under this section is filed with the Secretary.

(b) In any case where the amount of dependency and indemnity

compensation payable under this chapter to a surviving spouse who

has children is less than the amount of pension which would be

payable to (1) such surviving spouse, or (2) such children if the

surviving spouse were not entitled, under chapter 15 of this title

had the death occurred under circumstances authorizing payment of

death pension, the Secretary shall pay dependency and indemnity

compensation to such surviving spouse in an amount equal to such

amount of pension.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 412; Pub. L.

87-268, Sec. 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-466,

June 22, 1966, 80 Stat. 217; Pub. L. 94-433, title IV, Sec. 405(9),

Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec.

213(2), Mar. 2, 1984, 98 Stat. 46; Pub. L. 102-54, Sec. 14(b)(3),

June 13, 1991, 105 Stat. 283; renumbered Sec. 1312 and amended Pub.

L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.

404-406.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social

Security Act is classified generally to subchapter II (Sec. 401 et

seq.) of chapter 7 of Title 42, The Public Health and Welfare.

Sections 214 and 202 of the Social Security Act are classified to

sections 414 and 402 of Title 42, respectively. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 412 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places in concluding

provisions.

Pub. L. 102-54 substituted "401" for "201" in concluding

provisions.

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1984 - Subsec. (a). Pub. L. 98-223, Sec. 213(2), substituted

"section 214 of the Social Security Act (42 U.S.C. 414)" for

"section 414 of title 42" in par. (1), "section 202 of the Social

Security Act (42 U.S.C. 402)" for "section 402 of title 42" in par.

(3), and "title II of the Social Security Act (42 U.S.C. 201 et

seq.)" for "subchapter II of chapter 7 of title 42" in provision

following par. (3).

1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's"

for "his" in cls. (1) and (3) and in text following cl. (3) and

"such veteran" for "he" in cl. (3).

Subsec. (b). Pub. L. 94-433 substituted "surviving spouse" for

"widow" wherever appearing.

1966 - Pub. L. 89-466 inserted "to a widow who has children", "to

(1) such widow, or (2) such children if the widow were not

entitled", and "such widow".

1961 - Pub. L. 87-268 designated existing provisions as subsec.

(a) and added subsec. (b).

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 1961 AMENDMENT

Section 3 of Pub. L. 87-268 provided that: "The amendments made

by this Act [amending this section and sections 107, 411 [now

1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this

title and enacting provisions set out as notes under this section]

shall take effect as of the first day of the first calendar month

which begins after the date of its enactment [Sept. 21, 1961]."

FILING OF APPLICATION FOR BENEFITS

Section 2 of Pub. L. 87-268 provided that the increased pension

benefits authorized by Pub. L. 87-268 were to be payable from the

effective date of Pub. L. 87-268 to anyone receiving dependency and

indemnity compensation on such date only if the application for

such increased benefits were filed with the Veterans'

Administration within one year from such date and evidence of

entitlement were of record or received within one year from the

date of request therefor.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 107, 1315, 1322 of this

title.

-End-

-CITE-

38 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1313. Dependency and indemnity compensation to children

-STATUTE-

(a) Whenever there is no surviving spouse of a deceased veteran

entitled to dependency and indemnity compensation, dependency and

indemnity compensation shall be paid in equal shares to the

children of the deceased veteran at the following monthly rates:

(1) one child, $402;

(2) two children, $578;

(3) three children, $752; and

(4) more than three children, $752, plus $145 for each child in

excess of three.

(b) If dependency and indemnity compensation has been awarded

under this section to a veteran's child or children and the

entitlement to dependency and indemnity compensation under this

section of an additional child of that veteran who is over the age

of eighteen years and who had previously been entitled to

dependency and indemnity compensation under this section before

becoming eighteen years of age is later reestablished effective

retroactively upon determination that such child is pursuing a

course of instruction at an approved educational institution, the

amount payable retroactively to the additional child is the amount

equal to the difference between the total of the increased award

payable under this section to the children of the deceased veteran

for the retroactive period and the prior total award for such

purpose for that period.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 413; Pub. L.

88-21, Sec. 2, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Sec. 4,

Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 2, May 21, 1970,

84 Stat. 256; Pub. L. 92-197, Sec. 2, Dec. 15, 1971, 85 Stat. 660;

Pub. L. 93-295, title II, Sec. 202, May 31, 1974, 88 Stat. 182;

Pub. L. 94-71, title II, Sec. 202, Aug. 5, 1975, 89 Stat. 397; Pub.

L. 94-433, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1376; Pub.

L. 95-117, title II, Sec. 202, Oct. 3, 1977, 91 Stat. 1065; Pub. L.

95-479, title II, Sec. 202, Oct. 18, 1978, 92 Stat. 1563; Pub. L.

96-128, title II, Sec. 202, Nov. 28, 1979, 93 Stat. 985; Pub. L.

96-385, title II, Sec. 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L.

97-66, title II, Secs. 202, 204(a), Oct. 17, 1981, 95 Stat. 1029;

Pub. L. 97-253, title IV, Sec. 405(f), Sept. 8, 1982, 96 Stat. 804;

Pub. L. 97-306, title I, Secs. 105, 107, Oct. 14, 1982, 96 Stat.

1431; Pub. L. 98-223, title I, Sec. 105, Mar. 2, 1984, 98 Stat. 39;

Pub. L. 98-543, title I, Sec. 105, Oct. 24, 1984, 98 Stat. 2737;

Pub. L. 99-238, title I, Sec. 105, Jan. 13, 1986, 99 Stat. 1767;

Pub. L. 99-576, title I, Sec. 105, title VII, Sec. 703(a)(1), Oct.

28, 1986, 100 Stat. 3252, 3302; Pub. L. 100-227, title I, Sec. 105,

Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI,

Sec. 1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title

I, Sec. 105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec.

6(a), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1313, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152,

Sec. 6(a), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(a),

Aug. 13, 1993, 107 Stat. 768; Pub. L. 103-140, Sec. 6(a), Nov. 11,

1993, 107 Stat. 1487; Pub. L. 105-98, Sec. 6(a), Nov. 19, 1997, 111

Stat. 2157; Pub. L. 106-118, Sec. 6(a), Nov. 30, 1999, 113 Stat.

1603; Pub. L. 107-94, Sec. 6(a), Dec. 21, 2001, 115 Stat. 902; Pub.

L. 107-330, title III, Sec. 309(e)(1), Dec. 6, 2002, 116 Stat.

2831.)

-COD-

CODIFICATION

Amendments by section 105 of Pub. L. 99-576, section 105 of Pub.

L. 99-238, and section 105 of Pub. L. 98-223, which directed that

cls. (1) to (4) of this section be amended, were executed by

amending subsec. (a) of this section, as the probable intent of

Congress, in view of subsec. (a) containing cls. (1) to (4).

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-330, Sec. 309(e)(1)(A),

substituted "$402" for "$397".

Subsec. (a)(2). Pub. L. 107-330, Sec. 309(e)(1)(B), substituted

"$578" for "$571".

Subsec. (a)(3). Pub. L. 107-330, Sec. 309(e)(1)(C), substituted

"$752" for "$742".

Subsec. (a)(4). Pub. L. 107-330, Sec. 309(e)(1)(D), substituted

"$752" and "$145" for "$742" and "$143", respectively.

2001 - Subsec. (a)(1). Pub. L. 107-94, Sec. 6(a)(1), substituted

"$397" for "$373".

Subsec. (a)(2). Pub. L. 107-94, Sec. 6(a)(2), substituted "$571"

for "$538".

Subsec. (a)(3). Pub. L. 107-94, Sec. 6(a)(3), substituted "$742"

for "$699".

Subsec. (a)(4). Pub. L. 107-94, Sec. 6(a)(4), substituted "$742"

and "$143" for "$699" and "$136", respectively.

1999 - Subsec. (a)(1). Pub. L. 106-118, Sec. 6(a)(1), substituted

"$373" for "$361".

Subsec. (a)(2). Pub. L. 106-118, Sec. 6(a)(2), substituted "$538"

for "$520".

Subsec. (a)(3). Pub. L. 106-118, Sec. 6(a)(3), substituted "$699"

for "$675".

Subsec. (a)(4). Pub. L. 106-118, Sec. 6(a)(4), substituted "$699"

and "$136" for "$675" and "$132", respectively.

1997 - Subsec. (a)(1). Pub. L. 105-98, Sec. 6(a)(1), substituted

"$361" for "$327".

Subsec. (a)(2). Pub. L. 105-98, Sec. 6(a)(2), substituted "$520"

for "$471".

Subsec. (a)(3). Pub. L. 105-98, Sec. 6(a)(3), substituted "$675"

for "$610".

Subsec. (a)(4). Pub. L. 105-98, Sec. 6(a)(4), substituted "$675"

and "$132" for "$610" and "$120", respectively.

1993 - Subsec. (a)(1). Pub. L. 103-140, Sec. 6(a)(1), substituted

"$327" for "$319".

Pub. L. 103-78, Sec. 5(a)(1), substituted "$319" for "$310".

Subsec. (a)(2). Pub. L. 103-140, Sec. 6(a)(2), substituted "$471"

for "$460".

Pub. L. 103-78, Sec. 5(a)(2), substituted "$460" for "$447".

Subsec. (a)(3). Pub. L. 103-140, Sec. 6(a)(3), substituted "$610"

for "$595".

Pub. L. 103-78, Sec. 5(a)(3), substituted "$595" for "$578".

Subsec. (a)(4). Pub. L. 103-140, Sec. 6(a)(4), substituted "$610"

for "$595" and "$120" for "$117".

Pub. L. 103-78, Sec. 5(a)(4), substituted "$595" for "$578" and

"$117" for "$114".

1991 - Pub. L. 102-83 renumbered section 413 of this title as

this section.

Subsec. (a)(1). Pub. L. 102-152, Sec. 6(a)(1), substituted "$310"

for "$299".

Pub. L. 102-3, Sec. 6(a)(1), substituted "$299" for "$284".

Subsec. (a)(2). Pub. L. 102-152, Sec. 6(a)(2), substituted "$447"

for "$431".

Pub. L. 102-3, Sec. 6(a)(2), substituted "$431" for "$409".

Subsec. (a)(3). Pub. L. 102-152, Sec. 6(a)(3), substituted "$578"

for "$557".

Pub. L. 102-3, Sec. 6(a)(3), substituted "$557" for "$529".

Subsec. (a)(4). Pub. L. 102-152, Sec. 6(a)(4), substituted "$578"

for "$557" and "$114" for "$110".

Pub. L. 102-3, Sec. 6(a)(4), substituted "$557" for "$529" and

"$110" for "$105".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 105(a)(1),

substituted "$284" for "$271".

Subsec. (a)(2). Pub. L. 101-237, Sec. 105(a)(2), substituted

"$409" for "$391".

Subsec. (a)(3). Pub. L. 101-237, Sec. 105(a)(3), substituted

"$529" for "$505".

Subsec. (a)(4). Pub. L. 101-237, Sec. 105(a)(4), substituted

"$529" and "$105" for "$505" and "$100", respectively.

1988 - Subsec. (a)(1). Pub. L. 100-687, Sec. 1105(a)(1),

substituted "$271" for "$261".

Subsec. (a)(2). Pub. L. 100-687, Sec. 1105(a)(2), substituted

"$391" for "$376".

Subsec. (a)(3). Pub. L. 100-687, Sec. 1105(a)(3), substituted

"$505" for "$486".

Subsec. (a)(4). Pub. L. 100-687, Sec. 1105(a)(4), substituted

"$505" and "$100" for "$486" and "$97", respectively.

1987 - Subsec. (a)(1). Pub. L. 100-227, Sec. 105(1), substituted

"$261" for "$251".

Subsec. (a)(2). Pub. L. 100-227, Sec. 105(2), substituted "$376"

for "$361".

Subsec. (a)(3). Pub. L. 100-227, Sec. 105(3), substituted "$486"

for "$467".

Subsec. (a)(4). Pub. L. 100-227, Sec. 105(4), substituted "$486"

and "$97" for "$467" and "$94", respectively.

1986 - Subsec. (a). Pub. L. 99-576, Sec. 703(a)(1), amended

directory language of Pub. L. 98-543, Sec. 105. See 1984 Amendment

notes below.

Subsec. (a)(1). Pub. L. 99-576, Sec. 105(1), substituted "$251"

for "$247".

Pub. L. 99-238, Sec. 105(1), substituted "$247" for "$240".

Subsec. (a)(2). Pub. L. 99-576, Sec. 105(2), substituted "$361"

for "$356".

Pub. L. 99-238, Sec. 105(2), substituted "$356" for "$345".

Subsec. (a)(3). Pub. L. 99-576, Sec. 105(3), substituted "$467"

for "$460".

Pub. L. 99-238, Sec. 105(3), substituted "$460" for "$446".

Subsec. (a)(4). Pub. L. 99-576, Sec. 105(4), substituted "$467"

and "$94" for "$460" and "$93", respectively.

Pub. L. 99-238, Sec. 105(4), substituted "$460" and "$93" for

"$446" and "$90", respectively.

1984 - Subsec. (a)(1). Pub. L. 98-543, Sec. 105(1), as amended by

Pub. L. 99-576, Sec. 703(a), substituted "$240" for "$233".

Pub. L. 98-223, Sec. 105(1), substituted "$233" for "$225".

Subsec. (a)(2). Pub. L. 98-543, Sec. 105(2), as amended by Pub.

L. 99-576, Sec. 703(a), substituted "$345" for "$334".

Pub. L. 98-223, Sec. 105(2), substituted "$334" for "$323".

Subsec. (a)(3). Pub. L. 98-543, Sec. 105(3), as amended by Pub.

L. 99-576, Sec. 703(a), substituted "$446" for "$432".

Pub. L. 98-223, Sec. 105(3), substituted "$432" for "$417".

Subsec. (a)(4). Pub. L. 98-543, Sec. 105(4), as amended by Pub.

L. 99-576, Sec. 703(a), substituted "$446" and "$90" for "$432" and

"$87", respectively.

Pub. L. 98-223, Sec. 105(4), substituted "$432" and "$87" for

"$417" and "$84", respectively.

1982 - Subsec. (a)(1). Pub. L. 97-306, Secs. 105(1), 107, 108,

substituted "$225" for "$210", and repealed amendment made by Pub.

L. 97-253, Sec. 405(f)(1), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(f)(1), (h), eff. Jan. 1, 1983,

substituted "$209" for "$210".

Subsec. (a)(2). Pub. L. 97-306, Secs. 105(2), 107, 108,

substituted "$323" for "$301", and repealed amendment made by Pub.

L. 97-253, Sec. 405(f)(2), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(f)(2), (h), eff. Jan. 1, 1983,

substituted "$300" for "$301".

Subsec. (a)(3). Pub. L. 97-306, Secs. 105(3), 107, 108,

substituted "$417" for "$389", and repealed amendment made by Pub.

L. 97-253, Sec. 405(f)(3), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(f)(3), (h), eff. Jan. 1, 1983,

substituted "$388" for "$389".

Subsec. (a)(4). Pub. L. 97-306, Secs. 105(4), 107, 108,

substituted "$417, plus $84" for "$389, plus $79", and repealed

amendments made by Pub. L. 97-253, Sec. 405(f)(4), eff. Oct. 1,

1982.

Pub. L. 97-253, Sec. 405(f)(4), (h), eff. Jan. 1, 1983,

substituted "$388, plus $78" for "$389, plus $79".

1981 - Pub. L. 97-66, Secs. 202, 204(a), designated existing

provisions as subsec. (a) and, in subsec. (a) as so designated,

substituted "$210", "$301", "$389", and "$79" for "$189", "$271",

"$350", and "$71", respectively, in pars. (1), (2), (3), and (4).

Subsec. (b). Pub. L. 97-66, Sec. 204(a), added subsec. (b).

1980 - Pub. L. 96-385 substituted "$189", "$271", "$350", "$350"

and "$71" for "$165", "$237", "$306", "$306" and "$62",

respectively, in pars. (1), (2), (3), and (4).

1979 - Pub. L. 96-128 substituted "$165", "$237", "$306", "$306"

and "$62" for "$150", "$216", "$278", "278" and "$56", in pars.

(1), (2), (3), and (4), respectively.

1978 - Pub. L. 95-479 substituted "$150", "$216", "$278", "$278"

and "$56" for "$140", "$201", "$259", "$259" and "$52", in pars.

(1), (2), (3), and (4), respectively.

1977 - Pub. L. 95-117 substituted "$140", "$201", "$259", "$259",

and "$52" for "$131", "$189", "$243", "$243", and "$49", in pars.

(1), (2), (3), and (4), respectively.

1976 - Pub. L. 94-433 substituted "surviving spouse" for "widow"

in introductory text and $131, $189, $243, $243, and $49 for $121,

$175, $225, $225, and $45 in pars. (1), (2), (3), and (4),

respectively.

1975 - Pub. L. 94-71 substituted $121, $175, $225, $225 and $45

for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4),

respectively.

1974 - Pub. L. 93-295 substituted "$108", "$156", "$201", "$201",

and "$40" for "$92", "$133", "$172", "$172", and "$34", in pars.

(1), (2), (3), and (4), respectively.

1971 - Pub. L. 92-197 substituted "$92", "$133", "$172", and

"$172" and "$34" for "$88", "$127", "$164" and "164" and "$32", in

pars. (1), (2), (3), and (4). respectively.

1970 - Pub. L. 91-262 substituted "$88", "$127", "$164", and

"$164" and "$32", for "$80", "$115", "$149", and "$149" and "$29",

in pars. (1), (2), (3), and (4), respectively.

1966 - Pub. L. 89-730 substituted "$80", "$115", "$149", and

"$29", for "$77", "$110", "$143", and "$143" and "$28", in pars.

(1), (2), (3), and (4), respectively.

1963 - Pub. L. 88-21 substituted "$77", "$110", "$143" and "28"

for "$70", "$100", "$130" and "$25", in pars. (1), (2), (3), and

(4), respectively.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7

of Pub. L. 107-94, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section

7 of Pub. L. 106-118, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7

of Pub. L. 105-98, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section

7 of Pub. L. 103-140, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1991 AMENDMENTS

Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section

7 of Pub. L. 102-152, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7

of Pub. L. 102-3, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section

106 of Pub. L. 101-237, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section

1106 of Pub. L. 100-687, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section

107 of Pub. L. 100-227, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not

effective unless benefit amounts payable under section 401 et seq.

of Title 42, The Public Health and Welfare, are increased effective

Dec. 1, 1986, as a result of a determination under section 415(i)

of Title 42, see section 107 of Pub. L. 99-576, set out as a note

under section 1114 of this title.

Section 703(c) of Pub. L. 99-576 provided that: "The amendments

made by this section [amending this section and sections 524 and

525 [now 1524 and 1525] of this title and amending provisions set

out as a note under section 1163 of this title] shall take effect

as if included in the Veterans' Benefits Improvement Act of 1984

(Public Law 98-543)."

Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section

107 of Pub. L. 99-238, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section

107 of Pub. L. 98-543, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section

107 of Pub. L. 98-223, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section

108 of Pub. L. 97-306, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 applicable only to payments for

months beginning after Sept. 30, 1980, see section 601(a) of Pub.

L. 96-385, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section

601(a)(1) of Pub. L. 96-128, set out as a note under section 1114

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section

501 of Pub. L. 95-117, set out as a note under section 1114 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 1975 AMENDMENT

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section

301 of Pub. L. 94-71, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 4 of Pub. L. 91-262 provided that: "The amendments made

by sections 2 and 3 of this Act [amending this section and section

414 [now 1314] of this title] shall become effective on the first

day of the second calendar month following the month in which this

Act is enacted [May 1970]."

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-730 effective first day of second

calendar month following Nov. 2, 1966, see section 7(a) of Pub. L.

89-730, set out as a note under section 1315 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-21 effective first day of second calendar

month beginning after May 15, 1963, see section 5 of Pub. L. 88-21,

set out as a note under section 1311 of this title.

REPEAL

Section 405(f) of Pub. L. 97-253, cited as a credit to this

section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,

1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

RATE INCREASES

For increases in rates and limitations on Department of Veterans

Affairs disability compensation and dependency and indemnity

compensation, see notes set out under section 1114 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1059.

-End-

-CITE-

38 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1314. Supplemental dependency and indemnity compensation to

children

-STATUTE-

(a) In the case of a child entitled to dependency and indemnity

compensation who has attained the age of eighteen and who, while

under such age, became permanently incapable of self-support, the

dependency and indemnity compensation paid monthly to such child

shall be increased by $237.

(b) If dependency and indemnity compensation is payable monthly

to a person as a surviving spouse and there is a child (of such

person's deceased spouse) who has attained the age of eighteen and

who, while under such age, became permanently incapable of

self-support, dependency and indemnity compensation shall be paid

monthly to each such child, concurrently with the payment of

dependency and indemnity compensation to the surviving spouse, in

the amount of $402.

(c) If dependency and indemnity compensation is payable monthly

to a person as a surviving spouse and there is a child (of such

person's deceased spouse), who has attained the age of eighteen and

who, while under the age of twenty-three, is pursuing a course of

instruction at an educational institution approved under section

104 of this title, dependency and indemnity compensation shall be

paid monthly to each such child, concurrently with the payment of

dependency and indemnity compensation to the surviving spouse, in

the amount of $201.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 414; Pub. L.

88-21, Sec. 3, May 15, 1963, 77 Stat. 17; Pub. L. 89-311, Sec.

2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89-730, Sec. 5, Nov.

2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 3, May 21, 1970, 84

Stat. 256; Pub. L. 92-197, Sec. 3, Dec. 15, 1971, 85 Stat. 661;

Pub. L. 93-295, title II, Sec. 203, May 31, 1974, 88 Stat. 183;

Pub. L. 94-71, title II, Sec. 203, Aug. 5, 1975, 89 Stat. 397; Pub.

L. 94-433, title II, Sec. 203, title IV, Sec. 405(10), Sept. 30,

1976, 90 Stat. 1376, 1380; Pub. L. 95-117, title II, Sec. 203, Oct.

3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, Sec. 203, Oct.

18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, Sec. 203, Nov.

28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, Sec. 203, Oct. 7,

1980, 94 Stat. 1530; Pub. L. 97-66, title II, Sec. 203, Oct. 17,

1981, 95 Stat. 1029; Pub. L. 97-253, title IV, Sec. 405(g), Sept.

8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Secs. 106, 107,

Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, Sec. 106,

Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 106, Oct.

24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 106, Jan.

13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 106, Oct.

28, 1986, 100 Stat. 3252; Pub. L. 100-227, title I, Sec. 106, Dec.

31, 1987, 101 Stat. 1555; Pub. L. 100-687, div. B, title XI, Sec.

1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I,

Sec. 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec.

6(b), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1314, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152,

Sec. 6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(b),

Aug. 13, 1993, 107 Stat. 769; Pub. L. 103-140, Sec. 6(b), Nov. 11,

1993, 107 Stat. 1487; Pub. L. 105-98, Sec. 6(b), Nov. 19, 1997, 111

Stat. 2157; Pub. L. 106-118, Sec. 6(b), Nov. 30, 1999, 113 Stat.

1603; Pub. L. 107-94, Sec. 6(b), Dec. 21, 2001, 115 Stat. 902; Pub.

L. 107-330, title III, Sec. 309(e)(2), Dec. 6, 2002, 116 Stat.

2831.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-330, Sec. 309(e)(2)(A),

substituted "$237" for "$234".

Subsec. (b). Pub. L. 107-330, Sec. 309(e)(2)(B), substituted

"$402" for "$397".

Subsec. (c). Pub. L. 107-330, Sec. 309(e)(2)(C), substituted

"$201" for "$199".

2001 - Subsec. (a). Pub. L. 107-94, Sec. 6(b)(1), substituted

"$234" for "$222".

Subsec. (b). Pub. L. 107-94, Sec. 6(b)(2), substituted "$397" for

"$373".

Subsec. (c). Pub. L. 107-94, Sec. 6(b)(3), substituted "$199" for

"$188".

1999 - Subsec. (a). Pub. L. 106-118, Sec. 6(b)(1), substituted

"$222" for "$215".

Subsec. (b). Pub. L. 106-118, Sec. 6(b)(2), substituted "$373"

for "$361".

Subsec. (c). Pub. L. 106-118, Sec. 6(b)(3), substituted "$188"

for "$182".

1997 - Subsec. (a). Pub. L. 105-98, Sec. 6(b)(1), substituted

"$215" for "$195".

Subsec. (b). Pub. L. 105-98, Sec. 6(b)(2), substituted "$361" for

"$327".

Subsec. (c). Pub. L. 105-98, Sec. 6(b)(3), substituted "$182" for

"$166".

1993 - Subsec. (a). Pub. L. 103-140, Sec. 6(b)(1), substituted

"$195" for "$191".

Pub. L. 103-78, Sec. 5(b)(1), substituted "$191" for "$185".

Subsec. (b). Pub. L. 103-140, Sec. 6(b)(2), substituted "$327"

for "$319".

Pub. L. 103-78, Sec. 5(b)(2), substituted "$319" for "$310".

Subsec. (c). Pub. L. 103-140, Sec. 6(b)(3), substituted "$166"

for "$162".

Pub. L. 103-78, Sec. 5(b)(3), substituted "$162" for "$157".

1991 - Pub. L. 102-83 renumbered section 414 of this title as

this section.

Subsec. (a). Pub. L. 102-152, Sec. 6(b)(1), substituted "$185"

for "$178".

Pub. L. 102-3, Sec. 6(b)(1), substituted "$178" for "$169".

Subsec. (b). Pub. L. 102-152, Sec. 6(b)(2), substituted "$310"

for "$299".

Pub. L. 102-3, Sec. 6(b)(2), substituted "$299" for "$284".

Subsec. (c). Pub. L. 102-152, Sec. 6(b)(3), substituted "$157"

for "$151".

Pub. L. 102-3, Sec. 6(b)(3), substituted "$151" for "$144".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 105(b)(1), substituted

"$169" for "$161".

Subsec. (b). Pub. L. 101-237, Sec. 105(b)(2), substituted "$284"

for "$271".

Subsec. (c). Pub. L. 101-237, Sec. 105(b)(3), substituted "$144"

for "$138".

1988 - Subsec. (a). Pub. L. 100-687, Sec. 1105(b)(1), substituted

"$161" for "$155".

Subsec. (b). Pub. L. 100-687, Sec. 1105(b)(2), substituted "$271"

for "$261".

Subsec. (c). Pub. L. 100-687, Sec. 1105(b)(3), substituted "$138"

for "$133".

1987 - Subsec. (a). Pub. L. 100-227, Sec. 106(1), substituted

"$155" for "$149".

Subsec. (b). Pub. L. 100-227, Sec. 106(2), substituted "$261" for

"$251".

Subsec. (c). Pub. L. 100-227, Sec. 106(3), substituted "$133" for

"$128".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 106(1), substituted

"$149" for "$147".

Pub. L. 99-238, Sec. 106(1), substituted "$147" for "$143".

Subsec. (b). Pub. L. 99-576, Sec. 106(2), substituted "$251" for

"$247".

Pub. L. 99-238, Sec. 106(2), substituted "$247" for "$240".

Subsec. (c). Pub. L. 99-576, Sec. 106(3), substituted "$128" for

"$126".

Pub. L. 99-238, Sec. 106(3), substituted "$126" for "$122".

1984 - Subsec. (a). Pub. L. 98-543, Sec. 106(1), substituted

"$143" for "$139".

Pub. L. 98-223, Sec. 106(1), substituted "$139" for "$134".

Subsec. (b). Pub. L. 98-543, Sec. 106(2), substituted "$240" for

"$233".

Pub. L. 98-223, Sec. 106(2), substituted "$233" for "$225".

Subsec. (c). Pub. L. 98-543, Sec. 106(3), substituted "$122" for

"$118".

Pub. L. 98-223, Sec. 106(3), substituted "$118" for "$114".

1982 - Subsec. (a). Pub. L. 97-306, Secs. 106(1), 107, 108,

substituted "$134" for "$125", and repealed amendment made by Pub.

L. 97-253, Sec. 405(g)(1), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(g)(1), (h), eff. Jan. 1, 1983,

substituted "$124" for "$125".

Subsec. (b). Pub. L. 97-306, Secs. 106(2), 107, 108, substituted

"$225" for "$210", and repealed amendment made by Pub. L. 97-253,

Sec. 405(g)(2), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(g)(2), (h), eff. Jan. 1, 1983,

substituted "$209" for "$210".

Subsec. (c). Pub. L. 97-306, Secs. 106(3), 107, 108, substituted

"$114" for "$107", and repealed amendment made by Pub. L. 97-253,

Sec. 405(g)(3), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(g)(3), (h), eff. Jan. 1, 1983,

substituted "$106" for "$107".

1981 - Subsec. (a). Pub. L. 97-66, Sec. 203(1), substituted

"$125" for "$112".

Subsec. (b). Pub. L. 97-66, Sec. 203(2), substituted "$210" for

"$189".

Subsec. (c). Pub. L. 97-66, Sec. 203(3), substituted "$107" for

"$96".

1980 - Subsec. (a). Pub. L. 96-385, Sec. 203(1), substituted

"$112" for "$98".

Subsec. (b). Pub. L. 96-385, Sec. 203(2), substituted "$189" for

"$165".

Subsec. (c). Pub. L. 96-385, Sec. 203(3), substituted "$96" for

"$84".

1979 - Subsec. (a). Pub. L. 96-128, Sec. 203(1), substituted

"$98" for "$89".

Subsec. (b). Pub. L. 96-128, Sec. 203(2), substituted "$165" for

"$150".

Subsec. (c). Pub. L. 96-128, Sec. 203(3), substituted "$84" for

"$76".

1978 - Subsec. (a). Pub. L. 95-479, Sec. 203(1), substituted

"$89" for "$83".

Subsec. (b). Pub. L. 95-479, Sec. 203(2), substituted "$150" for

"$140".

Subsec. (c). Pub. L. 95-479, Sec. 203(3), substituted "$76" for

"$71".

1977 - Subsec. (a). Pub. L. 95-117, Sec. 203(1), substituted

"$83" for "$78".

Subsec. (b). Pub. L. 95-117, Sec. 203(2) substituted "$140" for

"$131".

Subsec. (c). Pub. L. 95-117, Sec. 203(3), substituted "$71" for

"$67".

1976 - Subsec. (a). Pub. L. 94-433, Secs. 203(1), 405(10),

substituted "$78" for "$72" and "such child" for "him".

Subsec. (b). Pub. L. 94-433, Secs. 203(2), 405(10), substituted

"$131" for "$121" and "person" for "woman", "surviving spouse" for

"widow" and "such person's deceased spouse" for "her deceased

husband" wherever appearing.

Subsec. (c). Pub. L. 94-433, Secs. 203(3), 405(10), substituted

"$67" for "$62" and "person" for "woman", "surviving spouse" for

"widow" and "such person's deceased spouse" for "her deceased

husband" wherever appearing.

1975 - Subsec. (a). Pub. L. 94-71, Sec. 203(a), substituted "$72"

for "$64".

Subsec. (b). Pub. L. 94-71, Sec. 203(b), substituted "$121" for

"$108".

Subsec. (c). Pub. L. 94-71, Sec. 203(c), substituted "$62" for

"$55".

1974 - Subsec. (a). Pub. L. 93-295, Sec. 203(a), substituted

"$64" for "55".

Subsec. (b). Pub. L. 93-295, Sec. 203(b), substituted "$108" for

"$92".

Subsec. (c). Pub. L. 93-295, 203(c), substituted "$55" for "$47".

1971 - Subsec. (a). Pub. L. 92-197, Sec. 3(a), substituted "$55"

for "$32".

Subsec. (b). Pub. L. 92-197, Sec. 3(b), substituted "$92" for

"$88".

Subsec. (c). Pub. L. 92-197, Sec. 3(c), substituted "$47" for

"$45".

1970 - Subsec. (a). Pub. L. 91-262, Sec. 3(a), substituted "$32"

for "$29".

Subsec. (b). Pub. L. 91-262, Sec. 3(b), substituted "$88" for

"$80".

Subsec. (c). Pub. L. 91-262, Sec. 3(c), substituted "$45" for

"$41".

1966 - Subsec. (a). Pub. L. 89-730, Sec. 5(1), substituted "$29"

for "$28".

Subsec. (b). Pub. L. 89-730, Sec. 5(2), substituted "$80" for

"$77".

Subsec. (c). Pub. L. 89-730, Sec. 5(3), substituted "41" for

"39".

1965 - Subsec. (c). Pub. L. 89-311 substituted "twenty-three" for

"twenty-one".

1963 - Subsec. (a). Pub. L. 88-21, Sec. 3(1), substituted "$28"

for "$25".

Subsec. (b). Pub. L. 88-21, Sec. 3(2), substituted "$77" for

"$70".

Subsec. (c). Pub. L. 88-21, Sec. 3(3), substituted "$39" for

"$35".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7

of Pub. L. 107-94, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section

7 of Pub. L. 106-118, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7

of Pub. L. 105-98, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section

7 of Pub. L. 103-140, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1991 AMENDMENTS

Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section

7 of Pub. L. 102-152, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7

of Pub. L. 102-3, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section

106 of Pub. L. 101-237, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section

1106 of Pub. L. 100-687, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section

107 of Pub. L. 100-227, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not

effective unless benefit amounts payable under section 401 et seq.

of Title 42, The Public Health and Welfare, are increased effective

Dec. 1, 1986, as a result of a determination under section 415(i)

of Title 42, see section 107 of Pub. L. 99-576, set out as a note

under section 1114 of this title.

Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section

107 of Pub. L. 99-238, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section

107 of Pub. L. 98-543, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section

107 of Pub. L. 98-223, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section

108 of Pub. L. 97-306, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 applicable only to payments for

months beginning after Sept. 30, 1980, see section 601(a) of Pub.

L. 96-385, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section

601(a)(1) of Pub. L. 96-128, set out as a note under section 1114

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section

501 of Pub. L. 95-117, set out as a note under section 1114 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 1975 AMENDMENT

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section

301 of Pub. L. 94-71, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-262 effective first day of second

calendar month following May 1970, see section 4 of Pub. L. 91-262,

set out as a note under section 1313 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 section 7(a) of Pub. L.

89-730, set out as a note under section 1315 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-311 effective first day of second

calendar month following Oct. 31, 1965, see section 9 of Pub. L.

89-311, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-21 effective first day of second calendar

month beginning after May 15, 1963, see section 5 of Pub. L. 88-21,

set out as a note under section 1311 of this title.

REPEAL

Section 405(g) of Pub. L. 97-253, cited as a credit to this

section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,

1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

RATE INCREASES

For increases in rates and limitations on Department of Veterans

Affairs disability compensation and dependency and indemnity

compensation, see notes set out under section 1114 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2012.

-End-

-CITE-

38 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1315. Dependency and indemnity compensation to parents

-STATUTE-

(a)(1) Except as provided in paragraph (2), dependency and

indemnity compensation shall be paid monthly to parents of a

deceased veteran in the amounts prescribed by this section.

(2) Under regulations prescribed by the Secretary, benefits under

this section may be paid less frequently than monthly if the amount

of the annual benefit is less than 4 percent of the maximum annual

rate payable under this section.

(b)(1) Except as provided in paragraph (4) of this subsection, if

there is only one parent, the monthly rate of dependency and

indemnity compensation paid to such parent shall be $163, as

increased from time to time under section 5312(b)(1) of this title

and reduced by an amount, based upon the amount of such parent's

annual income, determined in accordance with regulations which the

Secretary shall prescribe under section 5312(b)(2) of this title.

(2) In no case may the amount of dependency and indemnity

compensation payable to any parent under this subsection be less

than $5 monthly.

(3) In no case may dependency and indemnity compensation be paid

under paragraph (1) of this subsection to any parent if the annual

income of such parent exceeds $4,038, as increased from time to

time under section 5312 of this title.

(4) If there is only one parent and such parent has remarried and

is living with such parent's spouse, dependency and indemnity

compensation shall be paid to such parent under either paragraph

(1) of this subsection or under subsection (d) of this section,

whichever will result in the greater amount of such compensation

being paid to such parent. In such a case of remarriage the total

combined annual income of the parent and such parent's spouse shall

be counted in determining the monthly rate of dependency and

indemnity compensation under the appropriate formula.

(c)(1) Except as provided in subsection (d) of this section, if

there are two parents, but they are not living together, the

monthly rate of dependency and indemnity compensation paid to each

such parent shall be $115, as increased from time to time under

section 5312(b)(1) of this title and reduced by an amount, based

upon the amount of such parent's annual income, determined in

accordance with regulations which the Secretary shall prescribe

under section 5312(b)(2) of this title.

(2) In no case may the amount of dependency and indemnity

compensation payable to any parent under this subsection be less

than $5 monthly.

(3) In no case may dependency and indemnity compensation be paid

under paragraph (1) of this subsection to any parent if the annual

income of such parent exceeds $4,038, as increased from time to

time under section 5312 of this title.

(d)(1) If there are two parents who are living together, or if a

parent has remarried and is living with such parent's spouse, the

monthly rate of dependency and indemnity compensation paid to such

parent shall be $109, as increased from time to time under section

5312(b)(1) of this title and reduced by an amount, based upon the

amount of the combined annual income of the parents or the parent

and the parent's spouse, determined in accordance with regulations

which the Secretary shall prescribe under section 5312(b)(2) of

this title.

(2) In no case may the amount of dependency and indemnity

compensation payable to any parent under this subsection be less

than $5 monthly.

(3) In no case may dependency and indemnity compensation be paid

under this subsection to a parent if the total combined annual

income of the parent and such parent's spouse exceeds $5,430, as

increased from time to time under section 5312 of this title.

(e) The Secretary may require as a condition of granting or

continuing dependency and indemnity compensation to a parent that

such parent, other than one who has attained seventy-two years of

age and has been paid dependency and indemnity compensation during

two consecutive calendar years, file for a calendar year with the

Secretary (on the form prescribed by the Secretary) a report

showing the total income which such parent expects to receive in

that year and the total income which such parent received in the

preceding year. The parent or parents shall notify the Secretary

whenever there is a material change in annual income.

(f)(1) In determining income under this section, all payments of

any kind or from any source shall be included, except -

(A) payments of the six-months' death gratuity;

(B) donations from public or private relief or welfare

organizations;

(C) payments under this chapter (except section 1312(a)) and

chapters 11 and 15 of this title and under the first sentence of

section 9(b) of the Veterans' Pension Act of 1959;

(D) lump-sum death payments under title II of the Social

Security Act (42 U.S.C. 401 et seq.);

(E) payments of bonus or similar cash gratuity by any State

based upon service in the Armed Forces;

(F) payments under policies of servicemembers' group life

insurance, United States Government life insurance or national

service life insurance, and payments of servicemen's indemnity;

(G) 10 percent of the amount of payments to an individual under

public or private retirement, annuity, endowment, or similar

plans or programs;

(H) amounts equal to amounts paid by a parent of a deceased

veteran for -

(i) a deceased spouse's just debts,

(ii) the expenses of the spouse's last illness to the extent

such expenses are not reimbursed under chapter 51 of this

title, and

(iii) the expenses of the spouse's burial to the extent that

such expenses are not reimbursed under chapter 23 or chapter 51

of this title;

(I) reimbursements of any kind for any casualty loss (as

defined in regulations which the Secretary shall prescribe), but

the amount excluded under this clause may not exceed the greater

of the fair market value or the reasonable replacement value of

the property involved at the time immediately preceding the loss;

(J) amounts equal to amounts paid by a parent of a deceased

veteran for -

(i) the expenses of the veteran's last illness, and

(ii) the expenses of such veteran's burial to the extent that

such expenses are not reimbursed under chapter 23 of this

title;

(K) profit realized from the disposition of real or personal

property other than in the course of a business;

(L) payments received for discharge of jury duty or obligatory

civic duties;

(M) payments of annuities elected under subchapter I of chapter

73 of title 10.

(2) Where a fraction of a dollar is involved, annual income shall

be fixed at the next lower dollar.

(3) The Secretary may provide by regulation for the exclusion

from income under this section of amounts paid by a parent for

unusual medical expenses.

(g) The monthly rate of dependency and indemnity compensation

payable to a parent shall be increased by $85, as increased from

time to time under section 5312 of this title, if such parent is

(1) a patient in a nursing home or (2) helpless or blind, or so

nearly helpless or blind as to need or require the regular aid and

attendance of another person.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1129, Sec. 415; Pub. L.

87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21,

Sec. 4, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Secs. 1, 2, Nov.

2, 1966, 80 Stat. 1157, 1158; Pub. L. 90-275, Sec. 2, Mar. 28,

1968, 82 Stat. 66; Pub. L. 91-588, Secs. 2, 8(a), Dec. 24, 1970, 84

Stat. 1582, 1584; Pub. L. 92-197, Sec. 4, Dec. 15, 1971, 85 Stat.

661; Pub. L. 92-425, Sec. 6(1), Sept. 21, 1972, 86 Stat. 713; Pub.

L. 93-177, Sec. 4, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, Sec.

7, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169, title II, Sec.

201, Dec. 23, 1975, 89 Stat. 1019; Pub. L. 94-432, title III, Sec.

301, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title II, Sec.

201, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588, title II, Sec.

201, Nov. 4, 1978, 92 Stat. 2505; Pub. L. 96-466, title VI, Sec.

605(c)(1), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 97-295, Sec.

4(10), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-687, div. B, title

XIV, Sec. 1402(a), Nov. 18, 1988, 102 Stat. 4129; Pub. L. 102-40,

title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered

Sec. 1315 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title I,

Sec. 102, Aug. 14, 1991, 105 Stat. 414; Pub. L. 103-271, Sec. 9(a),

July 1, 1994, 108 Stat. 743; Pub. L. 104-275, title IV, Sec.

405(c)(1), Oct. 9, 1996, 110 Stat. 3340.)

-REFTEXT-

REFERENCES IN TEXT

Section 9(b) of the Veterans' Pension Act of 1959, referred to in

subsec. (f)(1)(C), is section 9(b) of Pub. L. 86-211, Aug. 29,

1959, 73 Stat. 432, which was set out as a Savings Provisions note

under section 1521 of this title, and was repealed, effective Jan.

1, 1979, by section 306(b)(1) of Pub. L. 95-588, which is set out

as a Savings Provisions for Persons Entitled to Pension as of

December 31, 1978: Other Provisions note under section 1521 of this

title.

The Social Security Act, referred to in subsec. (f)(1)(D), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (f)(1)(F). Pub. L. 104-275 substituted

"servicemembers' group" for "servicemen's group".

1994 - Subsec. (e). Pub. L. 103-271, in first sentence,

substituted "may require" for "shall require" and "for a calendar

year" for "each year" and, in second sentence, substituted "notify

the Secretary" for "file with the Secretary a revised report" and

struck out "the estimated" after "material change in".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 415 of this

title as this section.

Subsec. (a). Pub. L. 102-86 amended this section as in effect

before the redesignations made by Pub. L. 102-83, Sec. 5, by

amending subsec. (a) generally. Prior to amendment, subsec. (a)

read as follows: "Dependency and indemnity compensation shall be

paid monthly to parents of a deceased veteran in the amounts

prescribed by this section."

Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40 substituted "5312(b)(1)" for "3112(b)(1)" and

"5312(b)(2)" for "3112(b)(2)".

Subsec. (b)(3). Pub. L. 102-40 substituted "5312" for "3112".

Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40 substituted "5312(b)(1)" for "3112(b)(1)" and

"5312(b)(2)" for "3112(b)(2)".

Subsec. (c)(3). Pub. L. 102-40 substituted "5312" for "3112".

Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40 substituted "5312(b)(1)" for "3112(b)(1)" and

"5312(b)(2)" for "3112(b)(2)".

Subsec. (d)(3). Pub. L. 102-40 substituted "5312" for "3112".

Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (f)(1)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1312(a)" for "412(a)".

Subsec. (f)(1)(I), (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Subsec. (g). Pub. L. 102-40 substituted "5312" for "3112".

1988 - Subsec. (f)(1)(I). Pub. L. 100-687 amended cl. (I)

generally. Prior to amendment, cl. (I) read as follows: "proceeds

of fire insurance policies;".

1982 - Subsec. (f)(1)(D). Pub. L. 97-295, Sec. 4(10)(A),

substituted "title II of the Social Security Act (42 U.S.C. 401 et

seq.)" for "subchapter II of chapter 7 of title 42".

Subsec. (f)(1)(G). Pub. L. 97-295, Sec. 4(10)(B), substituted

"percent" for "per centum".

1980 - Subsec. (f). Pub. L. 96-466 redesignated subsec. (g) as

(f). Former subsec. (f), which directed the Administrator, upon

ascertaining that there had been overpayments to a parent under

this section, to deduct such overpayments (unless waived) from any

future payments made to such parent under this section, was struck

out.

Subsecs. (g), (h). Pub. L. 96-466 redesignated subsecs. (g) and

(h) as (f) and (g), respectively.

1978 - Subsec. (b)(1). Pub. L. 95-588, Sec. 201(a)(1),

substituted a fixed monthly amount of $163, subject to certain

increases and deductions, as parental compensation for a formula

for computing the monthly award under this subsection based upon

the annual income of the recipient.

Subsec. (b)(3). Pub. L. 95-588, Sec. 201(a)(2), substituted

"$4,038, as increased from time to time under section 3112 of this

title" for "$3,770".

Subsec. (b)(4). Pub. L. 95-588, Sec. 201(a)(3), struck out

references to the award computation formula formerly contained in

subsec. (b)(1) of this section and inserted provision relating to

election between subsecs. (b)(1) and (d) of this section in order

to procure the greatest amount of compensation for the recipient.

Subsec. (c)(1). Pub. L. 95-588, Sec. 201(b)(1), substituted a

fixed amount of $115 a month as compensation under this subsection

for a computation formula based upon the annual income of the

recipient.

Subsec. (c)(3). Pub. L. 95-588, Sec. 201(b)(2), substituted

"$4,038, as increased from time to time under section 3112 of this

title" for "$3,770".

Subsec. (d)(1). Pub. L. 95-588, Sec. 201(c)(1), substituted a

fixed amount of $109 a month as compensation under this subsection

for a computation formula based upon combined annual income of

recipients.

Subsec. (d)(3). Pub. L. 95-588, Sec. 201(c)(2), substituted

"$5,430, as increased from time to time under section 3112 of this

title" for "$5,070".

Subsec. (h). Pub. L. 95-588, Sec. 201(d), substituted "$85, as

increased from time to time under section 3112 of this title" for

"$79".

1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 201(1), increased

monthly rate of compensation from $142 to $152, substituted ".05"

for ".04", ".06" for ".05", ".08" for ".06", "1,500" for "1,400" in

two places, and "3,770" for "1,600", and struck out provision

reducing compensation by .08 for income more than 1,600 but not

more than 3,540.

Subsec. (b)(3). Pub. L. 95-204, Sec. 201(2), substituted "$3,770"

for "$3,540".

Subsec. (c)(1). Pub. L. 95-204, Sec. 201(3), increased monthly

rate of compensation from $100 to $107, substituted ".05" for

".04", ".06" for ".05", "2,000" for "1,300" in two places, and

"3,770" for "2,300", and struck out provision reducing compensation

by .06 for income more than 2,300 but not more than 3,540.

Subsec. (c)(3). Pub. L. 95-204, Sec. 201(4), substituted "$3,770"

for "$3,540".

Subsec. (d)(1). Pub. L. 95-204, Sec. 201(5), increased monthly

rate of compensation from $96 to $102, and substituted "2,000" for

"2,100" in two places, "2,900" for "3,100" in two places, "3,600"

for "3,800" in two places, and "5,070" for "4,760".

Subsec. (d)(3). Pub. L. 95-204, Sec. 201(6), substituted "$5,070"

for "$4,760".

Subsec. (h). Pub. L. 95-204, Sec. 201(7), substituted "$79" for

"$74".

1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 301(1), increased

monthly rate of compensation from $133 to $142 and substituted

$1,200 to $1,400 for $1,200 to $1,500, $1,400 to $1,600 for $1,500

to $1,700 and $1,600 to $3,540 for $1,700 to $3,300.

Subsec. (b)(3). Pub. L. 94-432, Sec. 301(2), substituted "$3,540"

for "$3,300".

Subsec. (c)(1). Pub. L. 94-432, Sec. 301(3), increased monthly

rate of compensation from $93 to $100 and substituted $1,100 to

$1,300 for $1,100 to $1,600, $1,300 to $2,300 for $1,600 to $2,400

and $2,300 to $3,540 for $2,400 to $3,300.

Subsec. (c)(3). Pub. L. 94-432, Sec. 301(4), substituted "$3,540"

for "$3,300".

Subsec. (d)(1). Pub. L. 94-432, Sec. 301(5), increased monthly

compensation from $90 to $96 and substituted $1,000 to $2,100 for

$1,000 to $2,300, $2,100 to $3,100 for $2,300 to $3,300 and $3,100

to $3,800 for $3,300 to $4,500, and inserted provision for

reduction by $.05 for each $1 of total combined annual income which

is more than $3,800 but not more than $4,760.

Subsec. (d)(3). Pub. L. 94-432, Sec. 301(6), substituted "$4,760"

for "$4,500".

Subsec. (h). Pub. L. 94-432, Sec. 301(7), substituted "$74" for

"$69".

1975 - Subsec. (b)(1). Pub. L. 94-169, Sec. 201(2), increased,

effective for period beginning Jan. 1, 1976, and ending Sept. 30,

1976, monthly rate of compensation from $123 to $133, substituted

$1000 to $1200 for $1000 to $1300, $1200 to $1500 for $1300 to

$1600, $1500 to $1700 for $1600 to $1800 and $1700 to $3300 for

$2000 to $3000, the minimum and maximum income ranges for which the

compensation rate will be reduced by 4, 5, 6 and 8 cents per

dollar, respectively, struck out the income range of $1800 to $2000

for which the reduction rate is 7 cents per dollar, increased from

$4.00 to $5.00 the minimum payable compensation, and increased from

$3,000 to $3300 the income in excess of which no compensation will

be paid.

Subsec. (b)(2). Pub. L. 94-169, Sec. 201(1), redesignated,

effective for period beginning Jan. 1, 1976, and ending Sept. 30,

1976, subsec. (b)(2) as (b)(4), and in subsec. (b)(4) as so

redesignated, substituted "such parent has remarried" for "he has

remarried", "with such parent's spouse" for "with his spouse",

"paid to such parent" for "paid to him" and "parent and such

parent's spouse" for "parent and his spouse".

Subsec. (c). Pub. L. 94-169, Sec. 201(3), increased, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,

monthly rate of compensation from $86 to $93, substituted $1100 to

$1600 for $1100 to $2100, $1600 to $2400 for $2100 to $2500 and

$2400 to $3300 for $2500 to $3000, the minimum and maximum income

ranges for which the compensation rate will be reduced 4, 5 and 6

cents, respectively, increased from $4.00 to $5.00 the minimum

payable compensation, and increased from $3000 to $3300 the income

in excess of which no compensation will be paid.

Subsec. (d). Pub. L. 94-169, Sec. 201(3), increased, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, basic

rate of monthly compensation from $83 to $90, substituted $1000 to

$2300 for $1100 to $2500, $2300 to $3300 for $2500 to $3500 and

$3300 to $4500 for $3500 to $4200 the minimum and maximum income

ranges for which the compensation rate will be reduced by 2, 3, and

4 cents, respectively, struck out the income range of $1000 to

$1100 for which the reduction rate is 1 cent per dollar, increased

from $4.00 to $5.00 the minimum payable compensation, and increased

from $4200 to $4500 the income in excess of which no compensation

will be paid.

Subsec. (e). Pub. L. 94-169, Sec. 201(4), substituted, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "with

the Administrator" for "with him" and "prescribed by the

Administrator" for "prescribed by him".

Subsec. (f). Pub. L. 94-169, Sec. 201(5), substituted, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "the

Administrator shall deduct" for "he shall deduct".

Subsec. (g)(1)(J)(ii). Pub. L. 94-169, Sec. 201(6), substituted,

effective for period beginning Jan. 1, 1976, and ending Sept. 30,

1976, "such veteran's" for "his".

Subsec. (h). Pub. L. 94-169, Sec. 201(7), substituted, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$69"

for "$64".

1974 - Subsec. (b)(1). Pub. L. 93-527, Sec. 7(1), substituted

"$123" for "$110", "$1000" for "$1100" wherever appearing, "$1300"

for "$1500" wherever appearing, "$1600" for "$1700" wherever

appearing, "$1800" for "$2000" wherever appearing, "$2000" for

"$2300" wherever appearing, and "$3000" for "$2600" wherever

appearing, and provided that in no event shall the monthly rate be

less than $4.00.

Subsec. (b)(2). Pub. L. 93-527, Sec. 7(1), reenacted par. (2)

without change.

Subsec. (c). Pub. L. 93-527, Sec. 7(2), substituted "$86" for

"$77", "$2100" for "$1400" wherever appearing, "$2500" for "$2300"

wherever appearing, "3000" for "2600" wherever appearing, and "4

cents", "5 cents" and "6 cents" for "3 cents", "4 cents" and "5

cents", and inserted provision that in no event shall the monthly

rate of dependency and indemnity compensation be less than $4.

Subsec. (d). Pub. L. 93-527, Sec. 7(3), substituted "$83" for

"$74", "$1,000" for "$1,200" wherever appearing, "$2500" for

"$2900" wherever appearing, and "3500" for "$3800", and inserted

provisions for reduction of 4 cents in the monthly rate for each

dollar of annual income in excess of $3500 up to and including

$4200, for not less than $4 for the monthly rate of dependency and

indemnity compensation, and raised the maximum combined income for

which compensation will be paid from $3800 to $4200.

Subsec. (h). Pub. L. 93-527, Sec. 7(4), substituted "$64" for

"$55".

1973 - Subsec. (b)(1). Pub. L. 93-177, Sec. 4(a), substituted

"$110" for "$100", "$1,100" for "$1,200", "$1,500" for "$1,600",

"$1,700" for "$1,900", "$2,000" for "$2,100", and "$2,300" for

"$2,600" in existing provisions and inserted provisions for a

reduction of 8 cents in the monthly rate for each $1 annual income

in excess of $2,300 up to and including $2,600.

Subsec. (b)(2). Pub. L. 93-177, Sec. 4(a), reenacted par. (2)

without change.

Subsec. (c). Pub. L. 93-177, Sec. 4(b), substituted "$77" for

"$70", "$1,400" for "$1,700", and "$2,300" for "$2,600" in existing

provisions and inserted provision for a reduction of 5 cents in the

monthly rate for each $1 of annual income in excess of $2,300 up to

and including $2,600.

Subsec. (d). Pub. L. 93-177, Sec. 4(c), substituted "$74" for

"$67", "$1,200" for "$1,300", and "$2,900" for "$3,400".

1972 - Subsec. (g)(1)(M). Pub. L. 92-425 substituted "subchapter

I of chapter 73 of title 10" for "chapter 73 of title 10".

1971 - Subsec. (b)(1). Pub. L. 92-197, Sec. 4(a), substituted

formula to measure monthly compensation rate of one parent by

specifying a maximum monthly rate for each group within designated

income category and each individual's monthly rate to be computed

by reducing the maximum monthly rate by a specified number of cents

for each dollar by which the minimum income limitation for that

group is exceeded, for table providing for income and benefit

rates, and increased the maximum income limit to $2,600 from

$2,300.

Subsec. (b)(2). Pub. L. 92-197, Sec. 4(a), substituted reference

to formula in subsecs. (b)(1) and (d), for reference to tables in

subsecs. (b)(1) and (d).

Subsec. (c). Pub. L. 92-197, Sec. 4(b), substituted formula to

measure dependency and indemnity compensation rates of two parents

not living together by specifying a maximum monthly rate for each

group within designated income category and each individual's

monthly rate to be computed by reducing the maximum monthly rate by

a specified number of cents for each dollar by which the minimum

income limitation for that group is exceeded, for table providing

for income and benefit rates, and increased the maximum income

limit to $2,600 from $2,300.

Subsec. (d). Pub. L. 92-197, Sec. 4(c), substituted formula to

measure dependency and indemnity compensation to two parents living

together or a remarried parent living with his spouse by specifying

a maximum monthly rate for each group within designated income

category and each individual's monthly rate to be computed by

reducing the maximum monthly rate by a specified number of cents

for each dollar by which the minimum income limitation for that

group is exceeded, for table providing for income and benefit

rates, and increased the maximum income limit to $3,800 from

$3,500.

Subsec. (g)(2), (3). Pub. L. 92-197, Sec. 4(d), redesignated par.

(2) as par. (3) and added par. (2).

Subsec. (h). Pub. L. 92-197, Sec. 4(e), added subsec. (h).

1970 - Subsec. (b)(1). Pub. L. 91-588, Sec. 2(a), provided new

annual income limits to measure monthly compensation of one parent

by adding minimum income limits of $2,000, $2,100, and $2,200 with

maximum limits of $2,100, $2,200, and $2,300 for monthly benefits

of $18, $12, and $10, respectively, and within existing annual

income limits from a maximum of $800 to a maximum of $2,000, as

well as the in-between limits set out in one-hundred dollar

increments, the applicable monthly benefit for each limit was

amended, respectively, by substituting in column II "$96" for

"$87", "94" for "81", "91" for "75", "87" for "69", "81" for "62",

"75" for "54", "69" for "46", "62" for "38", "54" for "31", "46"

for "25", "38" for "18", "31" for "12", and "25" for "10".

Subsec. (c). Pub. L. 91-588, Sec. 2(b), provided new annual

income limits to measure monthly compensation of two parents not

living together by adding minimum income limits of $2,000, $2,100,

and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for

monthly benefits of $14, $12, and $10, respectively, and within

existing annual income limits from a maximum of $800 to a maximum

of $2,000, as well as the in-between limits set out in one-hundred

dollar increments, the applicable monthly benefit for each limit

was amended, respectively, by substituting in column II "$66" for

"$58", "64" for "54", "61" for "50", "58" for "46", "54" for "41",

"50" for "35", "46" for "29", "41" for "23", "35" for "20", "29"

for "16", "23" for "12", "20" for "11", and "16" for "10".

Subsec. (d). Pub. L. 91-588, Sec. 2(c), provided new annual

income limits to measure monthly compensation of two parents living

together by adding minimum income limits of $3,200, $3,300, and

$3,400 with maximum limits of $3,300, $3,400, and $3,500 for

monthly benefits of $14, $12, and $10, respectively, and within

existing annual income limits from a maximum of $1,000 to a maximum

of $3,200, as well as the in-between limits set out in one-hundred

dollar increments, the applicable monthly benefit for each limit

was amended, respectively, by substituting in column II "$64" for

"$58", "62" for "56", "60" for "54", "58" for "52", "56" for "49",

"54" for "46", "52" for "44", "49" for "42", "46" for "40", "44"

for "38", "42" for "35", "40" for "33", "38" for "31", "35" for

"29", "33" for "26", "31" for "23", "29" for "21", "27" for "19",

"25" for "17", "23" for "15", "21" for "12", "19" for "11", and

"17" for "10".

Subsec. (e). Pub. L. 91-588, Sec. 2(d), exempted from filing

requirement any parent who has attained 72 years of age and has

been paid dependency and indemnity compensation during two

consecutive calendar years.

Subsec. (g)(1)(C). Pub. L. 91-588, Sec. 8(a), inserted reference

to first sentence of section 9(b) of the Veterans' Pension Act of

1959.

Subsec. (g)(1)(M). Pub. L. 91-588, Sec. 8(a), added subpar. (M).

1968 - Subsec. (b)(1). Pub. L. 90-275, Sec. 2(a), in providing

new annual income limits to measure monthly compensation of one

parent, reenacted minimum income limit of $800 for monthly benefit

of $87, struck out prohibition against payments when income is in

excess of $1,800, and substituted a sliding scale of payments based

on one hundred dollar increments from more than $800 to more than

$1,900 to $2,000 for payments of $81 to 10 for former sliding scale

based on limits of $800 to 1,100, $1,100 to 1,300, $1,300 to 1,500,

and $1,500 to 1,800 for payments of $69, $52, $35, and $18,

respectively.

Subsec. (c). Pub. L. 90-275, Sec. 2(b), in providing new annual

income limits to measure monthly compensation of two parents not

living together, reenacted minimum income limit of $800 for monthly

benefit of $58, struck out prohibition against payments when income

is in excess of $1,800, and substituted a sliding scale of payments

based on one hundred dollar increments from more than $800 to more

than $1,900 to $2,000 for payments of $54 to 10 for former sliding

scale based on limits of $800 to 1,100, $1,100 to 1,300, $1,300 to

1,500, and $1,500 to 1,800 for payments of $46, $35, $23, and $12,

respectively.

Subsec. (d). Pub. L. 90-275, Sec. 2(c), in providing new annual

income limits to measure monthly compensation of two parents living

together, reenacted minimum combined income limit of $1,000 for

monthly benefit of $58, struck out prohibition against payments

when income is in excess of $3,000, and substituted a sliding scale

of payments based on one hundred dollar increments from more than

$1,000 to $3,100 for payments of $56 to 11 for former sliding scale

based on five hundred dollar increments from more than $1,000 to

$3,000 for payments of $58, $46, $35, $23, and $12.

1966 - Subsec. (b). Pub. L. 89-730, Sec. 1(a), designated

existing subsection as par. (1), and in par. (1) as so designated,

substituted reference to subsec. (b)(2) for subsec. (d), amended

table by providing for increased indemnity compensation while

permitting the recipient to earn a higher maximum annual income,

and added par. (2).

Subsec. (c). Pub. L. 89-730, Sec. 1(b), amended table by

providing for increased indemnity compensation while permitting the

recipient to earn a higher maximum annual income.

Subsec. (d). Pub. L. 89-730, Sec. 1(c), amended table by

providing for increased indemnity compensation while permitting the

recipients to earn a higher combined maximum annual income.

Subsec. (g)(1). Pub. L. 89-730, Sec. 2, in cl. (C) struck out

"chapter 11" and substituted "chapters 11 and 15", and added cls.

(F) to (L).

1963 - Subsec. (b). Pub. L. 88-21, Sec. 4(a), substituted in

Column II of table "$83", "$66", "$50", "$33", and "$17" for "$75",

"$60", "$45", "$30", and "$15", respectively.

Subsecs. (c), (d). Pub. L. 88-21, Sec. 4(b), substituted in

Column II of tables "$55", "$44", "$33", "$22", and "$11" for "50",

"$40", "$30", "$20" and "$10", respectively.

1961 - Subsec. (g)(1)(C). Pub. L. 87-268 substituted "section

412(a)" for "section 412".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(f) of Pub. L.

96-466, set out as an Effective Date note under section 5314 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 1977 AMENDMENT

Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section

302 of Pub. L. 95-204, set out as a note under section 1122 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section

405(b) of Pub. L. 94-432, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 201 of Pub. L. 94-169, as amended by section 101 of Pub.

L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section

10 of Pub. L. 93-527, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8

of Pub. L. 93-177, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by sections 2(a)-(c) and 8(a) of Pub. L. 91-588,

effective Jan. 1, 1971, and amendment by section 2(d) of Pub. L.

91-588, effective on Jan. 1, 1972, see section 10 of Pub. L.

91-588, set out as a note under section 1521 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-275 effective Jan. 1, 1969, see section

6(a) of Pub. L. 90-275, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 7 of Pub. L. 89-730 provided that:

"(a) Except section 6 [enacting and amending provisions set out

as notes under section 1976 of this title] and as otherwise

provided in subsection (b) of this section, this Act [amending this

section and sections 413, 414, and 3012 [now 1313, 1314, and 1512]

of this title] shall take effect on the first day of the second

calendar month following the date of enactment of this Act [Nov. 2,

1966].

"(b) Section 2 of this Act [amending this section] shall take

effect on January 1, 1967, but paragraph (G) of section 415(g)(1)

[now 1315(g)(1)], title 38, United States Code, as added by such

section 2, shall not apply to any parent receiving dependency and

indemnity compensation on December 31, 1966, or subsequently

determined entitled to that benefit for said day, until his

contributions to the described plans or programs have been

recouped."

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-21 effective first day of second calendar

month beginning after May 15, 1963, see section 5 of Pub. L. 88-21,

set out as a note under section 1311 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3

of Pub. L. 87-268, set out as a note under section 1312 of this

title.

PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL

SECURITY AMENDMENTS OF 1967

Payments for balance of calendar year 1968 and calendar year

1969, calendar year 1970, and during each successive calendar year

at prescribed monthly rates when payments would be less under this

title as a result of increase in monthly insurance benefits

provided by Social Security Amendments of 1967, see section 3 of

Pub. L. 90-275, set out as a note under section 1521 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1316, 5306, 5312, 5317 of

this title; title 26 section 6103; title 42 section 8624.

-End-

-CITE-

38 USC Sec. 1316 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1316. Dependency and indemnity compensation in cases of prior

deaths

-STATUTE-

(a)(1) Any person who is eligible as a surviving spouse or child

for death compensation by reason of a death occurring before

January 1, 1957, may receive dependency and indemnity compensation

upon application therefor.

(2) Any person who is eligible as a parent, or, but for such

person's annual income, would be eligible as a parent, for death

compensation by reason of a death occurring before January 1, 1957,

may receive dependency and indemnity compensation upon application

therefor; however, the annual income limitations established by

section 1315 of this title shall apply to each such parent.

(b)(1) Whenever the surviving spouse of a veteran has been

granted dependency and indemnity compensation by reason of this

section, payments to such surviving spouse and to the children of

the veteran shall thereafter be made under this chapter, and shall

not thereafter be made to them by reason of the death of the

veteran under (A) other provisions of law administered by the

Secretary providing for the payment of compensation or pension, or

(B) subchapter I of chapter 81 of title 5.

(2) Whenever the child or parent of any veteran is granted

dependency and indemnity compensation, payments shall not

thereafter be made to such child or parent by reason of the death

of the veteran under (A) other provisions of law administered by

the Secretary providing for the payment of compensation or pension,

or (B) subchapter I of chapter 81 of title 5.

(c) If children of a deceased individual are receiving death

compensation, and all such children have not applied for dependency

and indemnity compensation, (1) dependency and indemnity

compensation paid to each child who has applied therefor shall not

exceed the amounts which would be paid if the application had been

made by, or on behalf of, all such children, and (2) benefits paid

under other provisions of law administered by the Secretary

providing for the payment of compensation or pension, or under

subchapter I of chapter 81 of title 5, to each child who has not so

applied therefor shall not exceed the amounts which would be paid

to such child if no such application had been made.

(d) If there are two parents of a deceased individual eligible

for benefits by reason of subsection (a), and an application for

dependency and indemnity compensation is not made by both parents,

(1) dependency and indemnity compensation paid to the parent who

applies therefor shall not exceed the amounts which would be paid

to such parent if both parents had so applied, and (2) benefits

paid under other provisions of law administered by the Secretary

providing for the payment of compensation, or under subchapter I of

chapter 81 of title 5, to the parent who has not so applied

therefor shall not exceed the amounts which would be paid to such

parent if no such application had been made.

(e)(1) Except as provided in paragraphs (3) and (4), no person

who, on January 1, 1957, was a principal or contingent beneficiary

of any payments under the Servicemen's Indemnity Act of 1951 may

receive any such payments based upon the death giving rise to such

payments after such person has been granted dependency and

indemnity compensation based upon that death. No principal or

contingent beneficiary who has assigned such beneficiary's interest

in payments under the Servicemen's Indemnity Act of 1951 after June

28, 1956, may receive any payments under this chapter based upon

the death giving rise to such payments until the portion of the

indemnity so assigned is no longer payable to any person.

(2) Where a beneficiary is barred from the receipt of payments

under the Servicemen's Indemnity Act of 1951 by virtue of the first

sentence of paragraph (1), no payments of the portion of indemnity

in which such beneficiary had an interest shall be made to any

other beneficiary.

(3) In the case of a child who has applied for dependency and

indemnity compensation pursuant to this section or prior

corresponding provisions of law, and who is or becomes a

beneficiary under the Servicemen's Indemnity Act of 1951 by reason

of the death giving rise to such child's eligibility for dependency

and indemnity compensation, the Secretary shall determine and pay

to such child for each month, or part thereof, payments under this

chapter or under such Act, whichever payment the Secretary

determines to be the greater amount.

(4) Notwithstanding paragraph (2), where a child receives

dependency and indemnity compensation under this chapter, and

thereafter dies, the portion of servicemen's indemnity in which

such child had an interest may be paid (subject to paragraph (3))

to another child of the person by reason of whose death such

servicemen's indemnity was payable.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1130, Sec. 416; Pub. L.

94-433, title IV, Sec. 405(11)-(16), Sept. 30, 1976, 90 Stat. 1380;

Pub. L. 97-295, Sec. 4(11), Oct. 12, 1982, 96 Stat. 1305;

renumbered Sec. 1316 and amended Pub. L. 102-83, Secs. 4(a)(1),

(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406.)

-REFTEXT-

REFERENCES IN TEXT

The Servicemen's Indemnity Act of 1951, referred to in subsec.

(e), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended,

which was classified generally to subchapter II (Sec. 851 et seq.)

of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans'

Relief, and was repealed by act Aug. 1, 1956, ch. 873, title V,

Sec. 502(9), 70 Stat. 886.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 416 of this

title as this section.

Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "1315"

for "415".

Subsecs. (b) to (d). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration" wherever appearing.

Subsec. (e)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

1982 - Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97-295

substituted "subchapter I of chapter 81 of title 5" for "the

Federal Employees' Compensation Act" wherever appearing.

1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(11), substituted

"surviving spouse" for "widow" in par. (1) and "such person's" for

"his" in par. (2).

Subsec. (b)(1). Pub. L. 94-433, Sec. 405(12), substituted

"surviving spouse" and "such surviving spouse" for "widow" and

"her", respectively.

Subsec. (c). Pub. L. 94-433, Sec. 405(13), substituted "paid to

such child" for "paid to him".

Subsec. (d). Pub. L. 94-433, Sec. 405(14), substituted "such

parent" for "him" in cls. (1) and (2).

Subsec. (e). Pub. L. 94-433, Sec. 405(15), (16), substituted

"such person" and "such beneficiary's" for "he" and "his",

respectively, in par. (1) and "such child's" and "the

Administrator" for "his" and "he", respectively, in par. (3).

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.

-End-

-CITE-

38 USC Sec. 1317 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1317. Restriction on payments under this chapter

-STATUTE-

(a) Except as provided in subsection (b), no person eligible for

dependency and indemnity compensation by reason of any death

occurring after December 31, 1956, shall be eligible by reason of

such death for any payments under (1) provisions of law

administered by the Secretary providing for the payment of death

compensation or death pension, or (2) subchapter I of chapter 81 of

title 5.

(b) A surviving spouse who is eligible for dependency and

indemnity compensation may elect to receive death pension instead

of such compensation.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 417; Pub. L.

91-291, Sec. 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L.

92-197, Sec. 5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 97-295, Sec.

4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered Sec. 1317 and

amended Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105

Stat. 403, 406; Pub. L. 103-446, title I, Sec. 111(a), Nov. 2,

1994, 108 Stat. 4654.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-446 designated existing provisions as subsec.

(a), substituted "Except as provided in subsection (b), no person"

for "No person", and added subsec. (b).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 417 of this

title as this section.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

1982 - Pub. L. 97-295 substituted "subchapter I of chapter 81 of

title 5" for "the Federal Employees' Compensation Act".

1971 - Pub. L. 92-197 struck out subsec. (a) which, among other

provisions, restricted payment of dependency and indemnity

compensation in certain cases where death of a veteran occurred

while United States Government life insurance or National Service

Life Insurance was in force under an in-service waiver of premiums

continued under section 724 of this title, and designated subsec.

(b) as entire section.

1970 - Subsec. (a). Pub. L. 91-291 designated material after

"unless" in first sentence as cl. (1), added cl. (2), and in last

sentence substituted "first sentence" for "preceding sentence".

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 13(c) of Pub. L. 91-291 provided that: "No dependency and

indemnity compensation shall be payable to any person by virtue of

the amendments made by subsection (a) of this section [amending

this section] for any person prior to the effective date of this

Act [June 25, 1970]."

Section 14(a) of Pub. L. 91-291 provided that: "The amendments

made by this Act [amending this section and sections 705, 707, 745,

765, 767, 768, 769, 770, and 774 [now 1905, 1907, 1945, 1965, 1967,

1968, 1969, 1970, and 1974] of this title and enacting provisions

set out as notes under this section] shall take effect as of the

date of enactment [June 25, 1970], except that sections 10 and 12

[amending sections 717 and 752 [now 1917 and 1952] of this title]

shall take effect as of the first day of the first calendar month

which begins more than six calendar months after the date of

enactment of this Act [June 25, 1970]."

DEPENDENCY AND INDEMNITY COMPENSATION; ELIGIBILITY

Section 8 of Pub. L. 92-197 provided that: "Any person who before

January 1, 1972, was not eligible for dependency and indemnity

compensation under such title by reason of the provisions of the

prior section 417(a) of title 38, United States Code, may elect, in

such manner as the Administrator of Veterans' Affairs shall

prescribe, to receive dependency and indemnity compensation, and an

election so made shall be final. A person receiving, or entitled to

receive, death compensation on December 31, 1971, shall continue to

receive death compensation, if otherwise eligible, in the absence

of an election to receive dependency and indemnity compensation."

-End-

-CITE-

38 USC Sec. 1318 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION

-HEAD-

Sec. 1318. Benefits for survivors of certain veterans rated totally

disabled at time of death

-STATUTE-

(a) The Secretary shall pay benefits under this chapter to the

surviving spouse and to the children of a deceased veteran

described in subsection (b) of this section in the same manner as

if the veteran's death were service connected.

(b) A deceased veteran referred to in subsection (a) of this

section is a veteran who dies, not as the result of the veteran's

own willful misconduct, and who was in receipt of or entitled to

receive (or but for the receipt of retired or retirement pay was

entitled to receive) compensation at the time of death for a

service-connected disability rated totally disabling if -

(1) the disability was continuously rated totally disabling for

a period of 10 or more years immediately preceding death;

(2) the disability was continuously rated totally disabling for

a period of not less than five years from the date of such

veteran's discharge or other release from active duty; or

(3) the veteran was a former prisoner of war who died after

September 30, 1999, and the disability was continuously rated

totally disabling for a period of not less than one year

immediately preceding death.

(c) Benefits may not be paid under this chapter by reason of this

section to a surviving spouse of a veteran unless -

(1) the surviving spouse was married to the veteran for one

year or more immediately preceding the veteran's death; or

(2) a child was born of the marriage or was born to them before

the marriage.

(d) If a surviving spouse or a child receives any money or

property of value pursuant to an award in a judicial proceeding

based upon, or a settlement or compromise of, any cause of action

for damages for the death of a veteran described in subsection (a)

of this section, benefits under this chapter payable to such

surviving spouse or child by virtue of this section shall not be

paid for any month following a month in which any such money or

property is received until such time as the total amount of such

benefits that would otherwise have been payable equals the total of

the amount of the money received and the fair market value of the

property received.

(e) For purposes of sections 1448(d) and 1450(c) of title 10,

eligibility for benefits under this chapter by virtue of this

section shall be deemed eligibility for dependency and indemnity

compensation under section 1311(a) of this title.

-SOURCE-

(Added Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(1), Nov.

18, 1988, 102 Stat. 4130, Sec. 418; amended Pub. L. 101-237, title

I, Sec. 113, Dec. 18, 1989, 103 Stat. 2065; renumbered Sec. 1318

and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 106-117, title V, Sec.

501(b), Nov. 30, 1999, 113 Stat. 1573; Pub. L. 106-419, title IV,

Sec. 404(a)(2), Nov. 1, 2000, 114 Stat. 1864.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(3). Pub. L. 106-419 substituted "not less

than" for "not later than".

1999 - Subsec. (b). Pub. L. 106-117, Sec. 501(b)(1), substituted

"rated totally disabling if - " for "that either - " in

introductory provisions.

Subsec. (b)(1). Pub. L. 106-117, Sec. 501(b)(2), inserted "the

disability" after "(1)" and struck out "or" after "death;".

Subsec. (b)(2). Pub. L. 106-117, Sec. 501(b)(3), substituted "the

disability was continuously rated totally disabling" for "if so

rated for a lesser period, was so rated continuously" and

substituted "; or" for the period at the end.

Subsec. (b)(3). Pub. L. 106-117, Sec. 501(b)(4), added par. (3).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 418 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "1311(a)"

for "411(a)".

1989 - Subsec. (c)(1). Pub. L. 101-237 substituted "one year" for

"two years".

-End-

-CITE-

38 USC SUBCHAPTER III - CERTIFICATIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER III - CERTIFICATIONS

-HEAD-

SUBCHAPTER III - CERTIFICATIONS

-End-

-CITE-

38 USC Sec. 1321 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER III - CERTIFICATIONS

-HEAD-

Sec. 1321. Certifications with respect to pay grade

-STATUTE-

The Secretary concerned shall, at the request of the Secretary,

certify to the Secretary the pay grade of deceased persons with

respect to whose deaths applications for benefits are filed under

this chapter. The certification of the Secretary concerned shall be

binding upon the Secretary.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 421; Pub. L.

91-96, Sec. 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94-433, title

IV, Sec. 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered Sec.

1321 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug.

6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 421 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary,

certify to the Secretary" for "Administrator, certify to the

Administrator" and "upon the Secretary" for "upon the

Administrator".

1976 - Pub. L. 94-433 substituted "to the Administrator" for "to

him".

1969 - Pub. L. 91-96 substituted "Certifications with respect to

pay grade" for "Certifications with respect to basic pay" in

section catchline and substituted provisions authorizing

certifications with respect to the pay grade of deceased persons

for provisions authorizing certifications with respect to the basic

pay of deceased persons, considering rank or grade and cumulative

years of service for pay purposes, and struck out the provision

requiring the adjustment of basic pay as determined by this chapter

whenever basic pay (as defined under the former provisions of

section 401 of this title) is adjusted.

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 1969 AMENDMENT

Amendment by Pub. L. 91-96 effective first day of second calendar

month which begins after Oct. 27, 1969, see section 8 of Pub. L.

91-96, set out as a note under section 1302 of this title.

-End-

-CITE-

38 USC Sec. 1322 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER III - CERTIFICATIONS

-HEAD-

Sec. 1322. Certifications with respect to social security

entitlement

-STATUTE-

(a) Determinations required by section 1312(a) of this title

(other than a determination required by section 1312(a)(2) of this

title) as to whether any survivor described in section 1312(a)(3)

of this title of a deceased individual would be entitled to

benefits under section 202 of the Social Security Act (42 U.S.C.

402) for any month and as to the amount of the benefits which would

be paid for such month, if the deceased veteran had been a fully

and currently insured individual at the time of such veteran's

death, shall be made by the Secretary of Health and Human Services,

and shall be certified by such Secretary to the Secretary of

Veterans Affairs upon request of the Secretary of Veterans Affairs.

(b) The Secretary shall pay to the Secretary of Health and Human

Services an amount equal to the costs which will be incurred in

making determinations and certifications under subsection (a). Such

payments shall be made with respect to the costs incurred during

such period (but not shorter than a calendar quarter) as the two

Secretaries may prescribe, with the amount of such payments to be

made on the basis of estimates made by the Secretary of Health and

Human Services after consultation with the Secretary. The amount

payable for any period shall be increased or reduced to compensate

for any underpayment or overpayment, as the case may be, of the

costs incurred in any preceding period.

(c) Except with respect to determinations made under subsection

(a) of this section, the Secretary shall prescribe such regulations

as may be necessary to carry out the provisions of this section and

section 1312(a) of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 422; Pub. L.

87-268, Sec. 1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L.

94-433, title IV, Sec. 405(18), Sept. 30, 1976, 90 Stat. 1380; Pub.

L. 97-295, Sec. 4(12), (95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313;

renumbered Sec. 1322 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(A), (E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 422 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1312(a)"

for "412(a)", "1312(a)(2)" for "412(a)(2)", "1312(a)(3)" for

"412(a)(3)".

Pub. L. 102-83, Sec. 4(b)(2)(A)(i), substituted "Secretary of

Veterans Affairs" for "Administrator" in two places.

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(2)(A)(ii), substituted

"The Secretary shall pay to the Secretary of Health and Human

Services" for "Upon the basis of estimates made by the Secretary of

Health and Human Services after consultation with the

Administrator, the Administrator shall pay to the Secretary" and

"as the two Secretaries may prescribe, with the amount of such

payments to be made on the basis of estimates made by the Secretary

of Health and Human Services after consultation with the Secretary"

for "as the Secretary and the Administrator may prescribe".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1312(a)"

for "412(a)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(12), (95)(A),

substituted "section 202 of the Social Security Act (42 U.S.C.

402)" for "section 402 of title 42", and "Health and Human

Services" for "Health, Education, and Welfare".

Subsec. (b). Pub. L. 97-295, Sec. 4(95)(A), substituted "Health

and Human Services" for "Health, Education, and Welfare".

1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's"

and "such Secretary" for "his" and "him", respectively.

1961 - Subsec. (a). Pub. L. 87-268 Sec. 1(c), substituted

"section 412(a)" for "section 412", "section 412(a)(2)" for

"section 412(2)", and "section 412(a)(3)" for "section 412(3)".

Subsec. (c). Pub. L. 87-268, Sec. 1(b), substituted "section

412(a)" for "section 412".

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 1961 AMENDMENT

Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3

of Pub. L. 87-268, set out as a note under section 1312 of this

title.

-End-

-CITE-

38 USC Sec. 1323 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE-CONNECTED DEATHS

SUBCHAPTER III - CERTIFICATIONS

-HEAD-

Sec. 1323. Certifications with respect to circumstances of death

-STATUTE-

Whenever the Secretary determines on the basis of a claim for

benefits filed with the Secretary that a death occurred under the

circumstances referred to in section 1476(a) of title 10, the

Secretary shall certify that fact to the Secretary concerned. In

all other cases, the Secretary shall make the determination

referred to in such section at the request of the Secretary

concerned.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1133, Sec. 423; Pub. L.

94-433, title IV, Sec. 405(19), Sept. 30, 1976, 90 Stat. 1380; Pub.

L. 102-54, Sec. 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered

Sec. 1323 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E),

(3)(A), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to

1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019,

3021 to 3023, 3031 to 3036, and 3100 of this title, respectively.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 423 of this

title as this section.

Pub. L. 102-83, Sec. 4(b)(3)(A), substituted "Certifications with

respect to circumstances of death" for "Certifications by

Administrator" in section catchline.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary

determines" for "Administrator determines", "Secretary that" for

"Administrator that", and in two places "Secretary shall" for

"Administrator shall".

Pub. L. 102-54 struck out "or section 321(b) of title 32," after

"title 10," and "1476(a) or 321(b)" after "such section".

1976 - Pub. L. 94-433 substituted "with the Administrator" for

"with him" and "the Administrator" for "he" before "shall certify"

and "shall make".

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.

-End-