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119th Congress

Title 38 — Veterans’ Benefits

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

§ 1316. Dependency and indemnity compensation in cases of prior deaths

Statutory text

(a)
(1)

Any person who is eligible as a surviving spouse or child for death compensation by reason of a death occurring before , 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 , 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 , 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 , 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.

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. § 1316

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1130, § 416

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1130, § 416

  2. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(11) · 90 Stat. 1374

    1. Substituted · 38 U.S.C. § 1316(a)

      Pub. L. 94–433, § 405(11), substituted “surviving spouse” for “widow” in par. (2)

    2. Substituted · 38 U.S.C. § 1316(a)

      Pub. L. 94–433, § 405(11), substituted “such person’s” for “his” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–433, § 405(11), substituted “surviving spouse” for “widow” in par. (1) and “such person’s” for “his” in par. (2).

    Enacted provision · exact public law section
    (11) by striking out in paragraphs (1) and (2) of section 416(a) “widow” and “his” and inserting in lieu thereof “surviving spouse” and “such person’s”, 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.

  3. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(12) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1316(b)(1)

    Pub. L. 94–433, § 405(12), substituted “surviving spouse” and “such surviving spouse” for “widow” and “her”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 94–433, § 405(12), substituted “surviving spouse” and “such surviving spouse” for “widow” and “her”, respectively.

    Enacted provision · exact public law section
    (12) by striking out in section 416(b)(1) “widow” and “her” and inserting in lieu thereof “surviving spouse” and “such 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.

  4. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(13) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1316(c)

    Pub. L. 94–433, § 405(13), substituted “paid to such child” for “paid to him”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–433, § 405(13), substituted “paid to such child” for “paid to him”.

    Enacted provision · exact public law section
    (13) by striking out in section 416(c) “him” and inserting in lieu thereof “such child”;

    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.

  5. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(14) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1316(d)

    Pub. L. 94–433, § 405(14), substituted “such parent” for “him” in cls. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–433, § 405(14), substituted “such parent” for “him” in cls. (1) and (2).

    Enacted provision · exact public law section
    (14) by striking out in section 416(d) “him” each time it appears and inserting in lieu thereof “such parent”;

    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.

  6. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 § 405(15) · 90 Stat. 1374

    1. Substituted · 38 U.S.C. § 1316(e)

      Pub. L. 94–433, § 405(15), (16), substituted “such person” and “such beneficiary’s” for “he” “he”, respectively, in par. (3)

    2. Substituted · 38 U.S.C. § 1316(e)

      Pub. L. 94–433, § 405(15), (16), substituted “such person” and “the Administrator” for “his” “he”, respectively, in par. (3)

    Source evidence

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

    Enacted provision · exact public law section
    (15) by striking out in section 416(e)(1) “he” and “his” and inserting in lieu thereof “such person” and “such beneficiary’s”, 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.

  7. Pub. L. 97–295 § 4(11) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 1316(b)(1)(B); 38 U.S.C. § 1316(b)(2)(B); 38 U.S.C. § 1316(b)(c)(2); 38 U.S.C. § 1316(b)(d)(2)

    Pub. L. 97–295 substituted “subchapter I of chapter 81 of title 5” for “the Federal Employees’ Compensation Act” wherever appearing

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (11) Sections 416 and 417 are amended by striking out “the 38 USC 416, 417. Federal Employees’ Compensation Act” wherever it appears and substituting “subchapter I of chapter 81 of title 5”.

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

    Changed · 38 U.S.C. § 1316

    Pub. L. 102–83, § 5(a), renumbered section 416 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 416 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.

  9. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1316(a)(2)

    Pub. L. 102–83, § 5(c)(1), substituted “1315” for “415”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–83, § 5(c)(1), substituted “1315” for “415”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

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

    Substituted · 38 U.S.C. § 1316(b)(d)

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

    Source evidence

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

    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”.

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

    Substituted · 38 U.S.C. § 1316(e)(3)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    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.

12 of 13 references resolved to an enrolled provision · 1 partial

Editorial Notes

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, which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886.

Amendments1976–1991 · 3 rounds

1991

Pub. L. 102–83, § 5(a), renumbered section 416 of this title as this section.

Subsec. (a)(2). Pub. L. 102–83, § 5(c)(1), substituted “1315” for “415”.

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

Subsec. (e)(3). Pub. L. 102–83, § 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, § 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, § 405(12), substituted “surviving spouse” and “such surviving spouse” for “widow” and “her”, respectively.

Subsec. (c). Pub. L. 94–433, § 405(13), substituted “paid to such child” for “paid to him”.

Subsec. (d). Pub. L. 94–433, § 405(14), substituted “such parent” for “him” in cls. (1) and (2).

Subsec. (e). Pub. L. 94–433, § 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).

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.

Credits

1958–1991 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1130, § 416
  2. 1976Pub. L. 94–433, title IV, § 405(11)–(16), , 90 Stat. 1380
  3. 1982Pub. L. 97–295, § 4(11), , 96 Stat. 1305
  4. 1991renumbered § 1316 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 403–406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1130, § 416; Pub. L. 94–433, title IV, § 405(11)–(16), , 90 Stat. 1380; Pub. L. 97–295, § 4(11), , 96 Stat. 1305; renumbered § 1316 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 403–406.)

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