§ 3017. Death benefit

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. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 title I § 101(a) · 102 Stat. 4161

   Enacted · 38 U.S.C. § 3017

   Added Pub. L. 100–689, title I, § 101(a), Nov. 18, 1988, 102 Stat. 4161, § 1417

   Source evidence

   Code source credit
   Added Pub. L. 100–689, title I, § 101(a), Nov. 18, 1988, 102 Stat. 4161, § 1417

   Enacted provision · exact public law section
   (a) In General.— Subchapter II of chapter 30 is amended by adding at the end the following new section: “§ 1417. Death benefit “(a) (1) In the event of the service-connected death of any individual— “(A) who— “(i) is entitled to basic educational assistance under this chapter; or “(ii) is on active duty in the Armed Forces and but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title would be eligible for such basic educational assistance; and “(B) who dies while on active duty, the Administrator shall make a payment, subject to paragraph (2)(B) of this subsection, in the amount described in subsection (b) of this section to the person or persons described in paragraph (2)(A) of this subsection. “(2) (A) The payment referred to in paragraph (1) of this subsection shall be made to the person or persons first listed below who is surviving on the date of such individual’s death: “(i) The beneficiary or beneficiaries designated by such individual under the individual’s Servicemen’s Group Life Insurance policy. “(ii) The surviving spouse of the individual. “(iii) The surviving child or children of the individual, in equal shares. “(iv) The surviving parent or parents of the individual, in equal shares. “(B) If no such person survives such individual, no payment shall be made under this section. “(b) The amount of any pa3mient made under this section shall be equal to— “(1) the amount reduced from the individual’s pay under section 1411(b), 1412(c), or 1418(c) of this title, less “(2) the total of— “(A) the amount of educational assistance that has been paid to the individual under this chapter before the payment is made under this section; and “(B) the amount of accrued benefits paid or payable with respect to such individual in connection with this chapter. “(c) A payment under this section shall be considered to be a benefit under this title and, for purposes of section 1435(b)(1), it shall be considered to be an entitlement earned under this subchapter.’.

2. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3017(a)(1)

   Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

3. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 423(a)(3) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3017(a)(1)(A)(ii)

   Pub. L. 101–237, § 423(a)(3), substituted “but for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title” for “but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A)(ii). Pub. L. 101–237, § 423(a)(3), substituted “but for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title” for “but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title”.

   Enacted provision · exact public law section
   (3) Section 1417(a)(1)(A)(ii) is amended by striking out “but for” and all that follows through “of this title” and inserting in lieu thereof “but for clause (I)(A)(i) or clause (2)(A) of section 1411(a) or clause (I)(A)(i) or (ii) or clause (2) of section 1412(a) of this title”.

4. 1991

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

   Changed · 38 U.S.C. § 3017

   Pub. L. 102–83, § 5(a), renumbered section 1417 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1417 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. 1991

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

   1. Substituted · 38 U.S.C. § 3017(a)(1)(A)(ii)

      Pub. L. 102–83, § 5(c)(1), substituted “3011(a)” for “1411(a)”

   2. Substituted · 38 U.S.C. § 3017(a)(1)(A)(ii)

      Pub. L. 102–83, § 5(c)(1), substituted “3012(a)” for “1412(a)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A)(ii). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)” for “1411(a)” and “3012(a)” for “1412(a)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

6. 1991

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

   Substituted · 38 U.S.C. § 3017(b)(1)

   Pub. L. 102–83, § 5(c)(1), substituted “3011(b), 3012(c), or 3018(c)” for “1411(b), 1412(c), or 1418(c)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted “3011(b), 3012(c), or 3018(c)” for “1411(b), 1412(c), or 1418(c)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

7. 1991

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

   Substituted · 38 U.S.C. § 3017(c)

   Pub. L. 102–83, § 5(c)(1), substituted “3035(b)(1)” for “1435(b)(1)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3035(b)(1)” for “1435(b)(1)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

8. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 title III § 308 · 106 Stat. 4320

   Inserted · 38 U.S.C. § 3017(a)(1)(B)

   Pub. L. 102–568 inserted before comma “or within one year after discharge or release from active duty”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 102–568 inserted before comma “or within one year after discharge or release from active duty”.

   Enacted provision · exact public law section
   SEC. 308. DEATH BENEFIT. Section 3017(a)(1)(B) is amended by inserting before the comma “or within one year after discharge or release from active duty”.

9. 1996

   Veterans’ Insurance Reform Act of 1996

   Pub. L. 104–275 title IV § 405(c)(2) · 110 Stat. 3322

   Substituted · 38 U.S.C. § 3017(a)(2)(A)(i)

   Pub. L. 104–275 substituted “Servicemembers’ Group” for “Servicemen’s Group”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A)(i). Pub. L. 104–275 substituted “Servicemembers’ Group” for “Servicemen’s Group”.

   Enacted provision · exact public law section
   (C) Subsections (a) through (d) of section 1969.

10. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title I § 102(a)(2) · 114 Stat. 1822

    Substituted · 38 U.S.C. § 3017(a)(1)(A)(ii)

    Pub. L. 106–419 substituted “clause (2) of section 3011(a)” for “clause (2)(A) of section 3011(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii). Pub. L. 106–419 substituted “clause (2) of section 3011(a)” for “clause (2)(A) of section 3011(a)”.

    Enacted provision · exact public law section
    (2) Section 3017(a)(l)(A)(ii) is amended by striking “clause (2)(A)” and inserting “clause (2)”.

11. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 7(d)(1) · 115 Stat. 25

    Amended · 38 U.S.C. § 3017(b)(1)

    Pub. L. 107–14 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the amount reduced from the individual’s pay under section 3011(b), 3012(c), or 3018(c) of this title, less”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–14 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the amount reduced from the individual’s pay under section 3011(b), 3012(c), or 3018(c) of this title, less”.

    Enacted provision · exact public law section
    (1) In general.— Paragraph (1) of section 3017(b) is amended to read as follows: “(1) the total of—.— “(A) the amount reduced from the individual’s basic pay under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 3018C(b), or 3018C(e) of this title; “(B) the amount reduced from the individual’s retired pay under section 3018C(e) of this title; “(C) the amount collected from the individual by the Secretary under section 3018B(b), 3018C(b), or 3018C(e) of this title; and “(D) the amount of any contributions made by the individual under section 3011(c) or 3012(f) of this title, less ” .

    Effective date note
    Pub. L. 107–14, § 7(d)(2), June 5, 2001, 115 Stat. 33, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of May 1, 2001.”

12. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title V § 503(4) · 120 Stat. 397

    Substituted · 38 U.S.C. § 3017(b)(1)(D)

    Pub. L. 109–233 substituted “3011(e)” for “3011(c)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 109–233 substituted “3011(e)” for “3011(c)”.

    Enacted provision · exact public law section
    (4) Cross reference correction.— Section 3017(b)(1)(D) is amended by striking “3011(c)” and inserting “3011(e)”.

13 of 13 references resolved to an enrolled provision