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Title 38 — Veterans’ Benefits

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

§ 1321. Certifications with respect to pay grade

Statutory text

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.

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. § 1321

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 421

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 421

  2. Pub. L. 91–96 § 4 · 83 Stat. 144

    1. Substituted · 38 U.S.C. § 1321

      Pub. L. 91–96 substituted “Certifications with respect to pay grade” for “Certifications with respect to basic pay” in section catchline

    2. Substituted · 38 U.S.C. § 1321

      Pub. L. 91–96 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

    3. Struck · 38 U.S.C. § 1321

      Pub. L. 91–96 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 4. Section 421 of title 38, United States Code, is amended to 72 Stat. 1132. read as follows: “§ 421. Certifications with respect to pay grade “The Secretary concerned shall, at the request of the Administrator, certify to him 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 Administrator.”

  3. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title IV § 405(17) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1321

    Pub. L. 94–433 substituted “to the Administrator” for “to him”

    Source evidence

    Code amendment note
    Pub. L. 94–433 substituted “to the Administrator” for “to him”.

    Enacted provision · exact public law section
    (17) by striking out in section 421 “him” and inserting in lieu thereof “the Administrator”;

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

    Changed · 38 U.S.C. § 1321

    Pub. L. 102–83, § 5(a), renumbered section 421 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 421 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.

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

    1. Substituted · 38 U.S.C. § 1321

      Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary, certify to the Secretary” for “Administrator, certify to the Administrator”

    2. Substituted · 38 U.S.C. § 1321

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 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”.

    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.

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1969–1991 · 3 rounds

1991

Pub. L. 102–83, § 5(a), renumbered section 421 of this title as this section.

Pub. L. 102–83, § 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.

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 1969 Amendment

Amendment by Pub. L. 91–96 effective first day of second calendar month which begins after , see section 8 of Pub. L. 91–96, set out as a note under section 1302 of this title.

Credits

1958–1991 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1132, § 421
  2. 1969Pub. L. 91–96, § 4, , 83 Stat. 145
  3. 1976Pub. L. 94–433, title IV, § 405(17), , 90 Stat. 1380
  4. 1991renumbered § 1321 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1132, § 421; Pub. L. 91–96, § 4, , 83 Stat. 145; Pub. L. 94–433, title IV, § 405(17), , 90 Stat. 1380; renumbered § 1321 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406.)

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