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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

(a)

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.

(b)

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.

(c)

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.

  1. 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, § 505

  2. Veterans 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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”.

  7. 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.

  8. 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
  1. 1958Pub. L. 85–857, , 72 Stat. 1134, § 505
  2. 1975Pub. L. 94–169, title I, § 106(9)–(11), , 89 Stat. 1017
  3. 1991renumbered § 1505 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), , 105 Stat. 403–406
  4. 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.)

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