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119th Congress

Title 38 — Veterans’ Benefits

Part II · Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths

§ 1302. Determination of pay grade

Statutory text

(a)

With respect to a veteran who died in the active military, naval, air, or space 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, air, or space 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1302

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1126, § 402

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1126, § 402

  2. Pub. L. 86–492 · 74 Stat. 161

    Added · 38 U.S.C. § 1302(d)

    Pub. L. 86–492 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 86–492 added subsec. (d).

  3. Pub. L. 89–622 § 1 · 80 Stat. 873

    Substituted · 38 U.S.C. § 1302(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”

    Source evidence

    Code amendment note
    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”.

  4. Pub. L. 91–96 § 1 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1302

    Pub. L. 91–96 substituted “Determination of pay grade” for “Computation of basic pay” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 91–96 substituted “Determination of pay grade” for “Computation of basic pay” in section catchline.

  5. Pub. L. 91–96 § 1 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1302(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

    Source evidence

    Code amendment note
    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.

  6. Pub. L. 91–96 § 1 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1302(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

    Source evidence

    Code amendment note
    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.

  7. Pub. L. 91–96 § 1 · 83 Stat. 144

    1. Redesignated · 38 U.S.C. § 1302(c)

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

    2. Redesignated · 38 U.S.C. § 1302(c)

      Pub. L. 91–96 substituted “pay grade” for “basic pay” and “assigned” for “entitled”. Former subsec. (c)(2) redesignated (e)

    Source evidence

    Code amendment note
    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).

  8. Pub. L. 91–96 § 1 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1302(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)

    Source evidence

    Code amendment note
    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).

  9. Pub. L. 91–96 § 1 · 83 Stat. 144

    1. Redesignated · 38 U.S.C. § 1302(e)

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

    2. Substituted · 38 U.S.C. § 1302(e)

      Pub. L. 91–96 substituted “pay grade” for “basic pay”

    3. Struck · 38 U.S.C. § 1302(e)

      Pub. L. 91–96 struck out “and years of service” after “responsibilities”

    Source evidence

    Code amendment note
    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”.

  10. Pub. L. 92–169 § 2 · 85 Stat. 489

    Changed · 38 U.S.C. § 1302(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 2. Section 402(a) of title 38, United States Code, is amended 83 Stat. 144. by inserting immediately before the period at the end the following: “or as of the date of a promotion after death while in a missing status”.

  11. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(1) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1302(a)

    Pub. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in two places.

    Enacted provision · exact public law section
    (1) by striking out in subsections (a) and (b) of section 402 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s” and “such veteran”, respectively;

    Effective date note
    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.

  12. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(1) · 90 Stat. 1374

    1. Substituted · 38 U.S.C. § 1302(b)

      Pub. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in item (2)

    2. Substituted · 38 U.S.C. § 1302(b)

      Pub. L. 94–433, § 405(1), substituted “such veteran” for “he” in item (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in introductory clause and items (1) and (2) and “such veteran” for “he” in item (2).

    Enacted provision · exact public law section
    (1) by striking out in subsections (a) and (b) of section 402 “his” and “he” each time they appear and inserting in lieu thereof “such veteran’s” and “such veteran”, respectively;

    Effective date note
    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.

  13. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(2) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1302(c)

    Pub. L. 94–433, § 405(2), substituted “such veteran” for “he”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–433, § 405(2), substituted “such veteran” for “he”.

    Enacted provision · exact public law section
    (2) by striking out in subsections (c) and (d) of section 402 “he” and “his widow” and inserting in lieu thereof “such veteran” and “such veteran’s surviving spouse”, respectively;

    Effective date note
    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.

  14. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(2) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1302(d)

    Pub. L. 94–433, § 405(2), substituted “such veteran’s surviving spouse” for “his widow”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–433, § 405(2), substituted “such veteran’s surviving spouse” for “his widow”.

    Enacted provision · exact public law section
    (2) by striking out in subsections (c) and (d) of section 402 “he” and “his widow” and inserting in lieu thereof “such veteran” and “such veteran’s surviving spouse”, respectively;

    Effective date note
    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.

  15. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(3) · 90 Stat. 1374

    1. Substituted · 38 U.S.C. § 1302(e)

      Pub. L. 94–433, § 405(3), substituted “such person’s” for “his”

    2. Substituted · 38 U.S.C. § 1302(e)

      Pub. L. 94–433, § 405(3), substituted “such person” for “he”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–433, § 405(3), substituted “such person’s” for “his” in two places and “such person” for “he”.

    Enacted provision · exact public law section
    (3) by striking out in section 402(e) “his” and “he” each time they appear and inserting in lieu thereof “such person’s” and “such person”, respectively;

    Effective date note
    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.

  16. Pub. L. 102–54 § 14(b)(2) · 105 Stat. 267

    Substituted · 38 U.S.C. § 1302(d)

    Pub. L. 102–54 substituted “department” for “Department”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–54 substituted “department” for “Department”.

    Enacted provision · exact public law section
    (2) Section 402(d) is amended by striking out “Secretary of the Department” and inserting in lieu thereof “Secretary of the department”.

  17. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1302

    Pub. L. 102–83, § 5(a), renumbered section 402 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 402 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  18. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1302(e)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before period at end of first sentence

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before period at end of first sentence.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  19. Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1302(e)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

  20. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(17) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1302(a); 38 U.S.C. § 1302(b)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (17) Subsections (a) and (b) of section 1302.

13 of 25 references resolved to an enrolled provision · 12 partial

Editorial Notes

Amendments1960–2021 · 7 rounds

2021

Subsecs. (a), (b). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

1991

Pub. L. 102–83, § 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, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before period at end of first sentence.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1976

Subsec. (a). Pub. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in two places.

Subsec. (b). Pub. L. 94–433, § 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, § 405(2), substituted “such veteran” for “he”.

Subsec. (d). Pub. L. 94–433, § 405(2), substituted “such veteran’s surviving spouse” for “his widow”.

Subsec. (e). Pub. L. 94–433, § 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 , 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 , 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).

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective , see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1971 Amendment

Pub. L. 92–169, § 3, , 85 Stat. 489, 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 []. For all other purposes this Act becomes effective as of .”

Effective Date of 1969 Amendment

Pub. L. 91–96, § 8, , 83 Stat. 146, 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 [].”

Effective Date of 1966 Amendment

Pub. L. 89–622, § 2, , 80 Stat. 873, 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 [].”

Credits

1958–2021 · 9 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1126, § 402
  2. 1960Pub. L. 86–492, , 74 Stat. 161
  3. 1966Pub. L. 89–622, § 1, , 80 Stat. 873
  4. 1969Pub. L. 91–96, § 1, , 83 Stat. 144
  5. 1971Pub. L. 92–169, § 2, , 85 Stat. 489
  6. 1976Pub. L. 94–433, title IV, § 405(1)–(3), , 90 Stat. 1379
  7. 1991Pub. L. 102–54, § 14(b)(2), , 105 Stat. 283
  8. 1991renumbered § 1302 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), , 105 Stat. 403–406
  9. 2021Pub. L. 116–283, div. A, title IX, § 926(a)(17), , 134 Stat. 3830.
Show as published

(Pub. L. 85–857, , 72 Stat. 1126, § 402; Pub. L. 86–492, , 74 Stat. 161; Pub. L. 89–622, § 1, , 80 Stat. 873; Pub. L. 91–96, § 1, , 83 Stat. 144; Pub. L. 92–169, § 2, , 85 Stat. 489; Pub. L. 94–433, title IV, § 405(1)–(3), , 90 Stat. 1379; Pub. L. 102–54, § 14(b)(2), , 105 Stat. 283; renumbered § 1302 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), , 105 Stat. 403–406; Pub. L. 116–283, div. A, title IX, § 926(a)(17), , 134 Stat. 3830.)

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