Title 38 — Veterans’ Benefits
Part II · Chapter 15 — Pension for Non-Service-Connected Disability or Death or for Service
§ 1505. Payment of pension during confinement in penal institutions
Statutory text
No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual’s imprisonment begins and ending when such individual’s imprisonment ends.
Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran’s spouse or children the pension which such veteran would receive for that period but for this section.
Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.
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. § 1505
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 505
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 505Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(9) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1505(a)
Pub. L. 94–169, § 106(9), substituted “such individual’s” for “his” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–169, § 106(9), substituted “such individual’s” for “his” wherever appearing.Enacted provision · exact public law section
(9) by striking out in section 505(a) “his” each time it appears and inserting in lieu thereof “such individual’s”;Effective date note
Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(10) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1505(b)
Pub. L. 94–169, § 106(10), substituted “such veteran’s spouse” for “his wife”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–169, § 106(10), substituted “such veteran’s spouse” for “his wife”.Enacted provision · exact public law section
(10) by striking out in section 505(b) “his wife” and inserting in lieu thereof “such veteran’s spouse”;Effective date note
Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(11) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1505(c)
Pub. L. 94–169, § 106(11), substituted “surviving spouse” for “widow” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–169, § 106(11), substituted “surviving spouse” for “widow” wherever appearing.Enacted provision · exact public law section
(11) by striking out in section 505(c), including clauses (1) and (2), “widow” each time it appears and inserting in lieu thereof “surviving spouse”;Effective date note
Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1505
Pub. L. 102–83, § 5(a), renumbered section 505 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 505 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(a)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1505(a)
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (a). 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”.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1505(b); 38 U.S.C. § 1505(c)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “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.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 title X § 1002(a) · 120 Stat. 3403
Substituted · 38 U.S.C. § 1505(a)
Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.Enacted provision · exact public law section
(a) Payment of Pension During Confinement in Penal Institutions.— Section 1505(a) 38 USC 1505. is amended by striking “or local penal institution” and inserting “local, or other penal institution or correctional facility”.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Prior section 1505 was renumbered section 3105 of this title.
Another prior section 1505, Pub. L. 85–857, , 72 Stat. 1172; Pub. L. 94–502, title I, § 104(5), , 90 Stat. 2384, related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1505 continue in effect until . See section 3110 of this title.
Amendments1975–2006 · 3 rounds
2006
Subsec. (a). Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
1991
Pub. L. 102–83, § 5(a), renumbered section 505 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsecs. (b), (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1975
Subsec. (a). Pub. L. 94–169, § 106(9), substituted “such individual’s” for “his” wherever appearing.
Subsec. (b). Pub. L. 94–169, § 106(10), substituted “such veteran’s spouse” for “his wife”.
Subsec. (c). Pub. L. 94–169, § 106(11), substituted “surviving spouse” for “widow” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1975 Amendment
Pub. L. 94–169, title I, § 106, , 89 Stat. 1017, provided that the amendment made by that section is effective .
Credits
1958–2006 · 4 acts
- 1958Pub. L. 85–857, , 72 Stat. 1134, § 505
- 1975Pub. L. 94–169, title I, § 106(9)–(11), , 89 Stat. 1017
- 1991renumbered § 1505 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), , 105 Stat. 403–406
- 2006Pub. L. 109–461, title X, § 1002(a), , 120 Stat. 3464.
Show as published
(Pub. L. 85–857, , 72 Stat. 1134, § 505; Pub. L. 94–169, title I, § 106(9)–(11), , 89 Stat. 1017; renumbered § 1505 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), , 105 Stat. 403–406; Pub. L. 109–461, title X, § 1002(a), , 120 Stat. 3464.)