§ 1317. Restriction on payments under this chapter

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1317

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 417

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 417

2. 1970

   Pub. L. 91–291 § 13(a) · 84 Stat. 326

   1. Amended · 38 U.S.C. § 1317(a)

      Pub. L. 91–291 designated material after “unless” in first sentence as cl. (1)

   2. Substituted · 38 U.S.C. § 1317(a)

      Pub. L. 91–291 added cl. (2), and in last sentence substituted “first sentence” for “preceding sentence”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) The first sentence of section 417(a) of title 38, United States Code, is amended by inserting “(1) ” immediately after “unless”, and by striking out the period at the end of such sentence and inserting in lieu thereof a comma and the following: “or (2) the total amount paid to the widow, children, or parents of such veteran under any such policy is equal to or exceeds the face value of the policy and such amount paid when added to any amounts paid as death compensation is equal to or less than the total amount which would have been payable in dependency and indemnity compensation following the death of such veteran if such widow, children, or parents had been eligible for such compensation upon the death of such veteran. Any person receiving death compensation at the time he becomes eligible for dependency and indemnity compensation pursuant to clause (2) of the preceding sentence shall continue to receive such death compensation unless he makes application to the Administrator to lie paid dependency and indemnity compensation. An election by such person to receive dependency and indemnity compensation shall be final.”.

3. 1971

   Pub. L. 92–197 § 5 · 85 Stat. 651

   1. Struck · 38 U.S.C. § 1317

      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

   2. Amended · 38 U.S.C. § 1317

      Pub. L. 92–197 designated subsec. (b) as entire section

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 5. Section 417 of title 38, United States Code, is amended by striking out subsection (a) thereof, and by striking out “(b)”.

   Effective date note
   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.

4. 1982

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

   Substituted · 38 U.S.C. § 1317

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

   Source evidence

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

   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”.

5. 1991

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

   Changed · 38 U.S.C. § 1317

   Pub. L. 102–83, § 5(a), renumbered section 417 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 417 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.

6. 1991

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

   Substituted · 38 U.S.C. § 1317

   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”.

7. 1994

   Persian Gulf War Veterans’ Benefits Act

   Pub. L. 103–446 title I § 111(a) · 108 Stat. 4645

   1. Amended · 38 U.S.C. § 1317

      Pub. L. 103–446 designated existing provisions as subsec. (a)

   2. Substituted · 38 U.S.C. § 1317

      Pub. L. 103–446 substituted “Except as provided in subsection (b), no person” for “No person”

   3. Added · 38 U.S.C. § 1317

      Pub. L. 103–446 added subsec. (b)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Election of Death Pension by Surviving Spouse.— Section 38 USC 1317. 1317 is amended— (1) by striking out “No person” and inserting in lieu thereof “(a) Except as provided in subsection (b), no person”; and (2) by adding at the end the following: “(b) A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of such compensation.”.

10 of 11 references resolved to an enrolled provision · 1 partial