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.
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, § 421Pub. L. 91–96 § 4 · 83 Stat. 144
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
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
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.”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.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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
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”
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
- 1958Pub. L. 85–857, , 72 Stat. 1132, § 421
- 1969Pub. L. 91–96, § 4, , 83 Stat. 145
- 1976Pub. L. 94–433, title IV, § 405(17), , 90 Stat. 1380
- 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.)