§ 5112. Effective dates of reductions and discontinuances

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 5112

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3012

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3012

2. 1962

   Pub. L. 87–825 § 2 · 76 Stat. 948

   1. Redesignated · 38 U.S.C. § 5112(b); 38 U.S.C. § 5112(c)

      Pub. L. 87–825 redesignated subsec. (c) as (b)

   2. Amended · 38 U.S.C. § 5112(b); 38 U.S.C. § 5112(c)

      Pub. L. 87–825 amended such subsec. generally, and among other changes

   3. Struck and inserted · 38 U.S.C. § 5112(b); 38 U.S.C. § 5112(c)

      Pub. L. 87–825 inserted provisions relating to the marriage, divorce, or death of a dependent of a payee, the change in income or corpus of an estate, the change in disability or employability of a veteran, the change in law or administrative issue of service-connected or employability status or physical condition, the discontinuance of school attendance, the termination of a temporary increase in compensation for hospitalization or treatment, an erroneous award based on an act or omission of the beneficiary or with his knowledge, and an erroneous award based solely on administrative error or error in judgment, changed the effective date by reason of death, or by reason of marriage or remarriage, from the date of death, or the day before the date of marriage or remarriage, respectively, to the last day of the month before such death, marriage or remarriage occurs, and eliminated provisions relating to attaining age 18 or 21, as applicable, and to fraud on the part of the beneficiary or with his knowledge. Former subsec. (b), which related to the effective date of a reduction or discontinuance in rates, of a compensation, dependency and indemnity compensation, or a pension award, was struck out

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 87–825 redesignated subsec. (c) as (b), amended such subsec. generally, and among other changes, inserted provisions relating to the marriage, divorce, or death of a dependent of a payee, the change in income or corpus of an estate, the change in disability or employability of a veteran, the change in law or administrative issue of service-connected or employability status or physical condition, the discontinuance of school attendance, the termination of a temporary increase in compensation for hospitalization or treatment, an erroneous award based on an act or omission of the beneficiary or with his knowledge, and an erroneous award based solely on administrative error or error in judgment, changed the effective date by reason of death, or by reason of marriage or remarriage, from the date of death, or the day before the date of marriage or remarriage, respectively, to the last day of the month before such death, marriage or remarriage occurs, and eliminated provisions relating to attaining age 18 or 21, as applicable, and to fraud on the part of the beneficiary or with his knowledge. Former subsec. (b), which related to the effective date of a reduction or discontinuance in rates, of a compensation, dependency and indemnity compensation, or a pension award, was struck out.

   Enacted provision · exact public law section
   Sec. 2. Section 3012 of title 38, United States Code, is amended by Compensation, reduction or discontinuance. 72 Stat. 1227. striking out subsection (b), and by amending subsection (c) to read as follows: “(b) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension— “(1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs; “(2) by reason of marriage, divorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, divorce, or death occurs; “(3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began; “(4) by reason of change in income or corpus of estate shall be the last day of the month in which the change occurred; “(5) by reason of a change in disability or employability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved; “(6) by reason of change in law or administrative issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or employability status or change in physical condition shall be the last day of the month following sixty days from the date of notice to the payee (at his last address of record) of the reduction or discontinuance; “(7) by reason of the discontinuance of school attendance of a payee or a dependent of a payee shall be the last day of the month in which such discontinuance occurred; “(8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day of the month in which the hospital discharge or termination of treatment occurred, whichever is earlier; “(9) by reason of an erroneous award based on an act of commission or omission by the beneficiary, or with his knowledge, shall be the effective date of the award; and “(10) by reason of an erroneous award based solely on administrative error or error in judgment shall be the date of last payment.”

3. 1966

   Pub. L. 89–730 § 3 · 80 Stat. 1157

   Changed · 38 U.S.C. § 5112(b)(4)

   Pub. L. 89–730 provided for exception that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or discontinuance shall be the last day of the calendar year in which the change occurred

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 89–730 provided for exception that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or discontinuance shall be the last day of the calendar year in which the change occurred.

   Enacted provision · exact public law section
   Sec. 3. Section 3012(b) (4), title 38, United States Code, is amended by inserting before the semicolon at the end thereof the following: “, except that when a change in income is due to an increase in payments under a public or private retirement plan or program the effective date of a reduction or discontinuance resulting therefrom shall be the last day of the calendar year in which the change occurred”.

4. 1968

   Pub. L. 90–275 § 5 · 82 Stat. 64

   Struck · 38 U.S.C. § 5112(b)(4)

   Pub. L. 90–275 struck out exception which provided that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or discontinuance shall be the last day of the calendar year in which the change occurred

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 90–275 struck out exception which provided that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or discontinuance shall be the last day of the calendar year in which the change occurred.

   Enacted provision · exact public law section
   Sec. 5. Paragraph (4) of section 3012(b) of title 38, United States 72 Stat. 1227; 76 Stat. 949; 80 Stat. 1159. Code, is amended to read as follows: “(4) by reason of change in income or corpus of estate shall be the last day of the calendar year in which the change occurred;”

5. 1971

   Pub. L. 92–198 § 3 · 85 Stat. 663

   Substituted · 38 U.S.C. § 5112(b)(2)

   Pub. L. 92–198 substituted “last day of the calendar year” for “last day of the month”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 92–198 substituted “last day of the calendar year” for “last day of the month”.

   Enacted provision · exact public law section
   Sec. 3. Paragraph (2) of section 3012(b) of title 38, United States 76 Stat. 949. Code, is amended by striking out “month” and inserting in lieu thereof “calendar year”.

6. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 402(1) · 90 Stat. 1374

   Inserted · 38 U.S.C. § 5112(b)(2)

   Pub. L. 94–433, § 402(1), inserted “annulment,” before “divorce” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 94–433, § 402(1), inserted “annulment,” before “divorce” in two places.

   Enacted provision · exact public law section
   (1) by inserting in clause (2) “annulment,” immediately before “divorce” each time it appears; and

7. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 402(2) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 5112(b)(9)

   Pub. L. 94–433, § 402(2), substituted “the beneficiary’s” for “his” before “knowledge”

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 94–433, § 402(2), substituted “the beneficiary’s” for “his” before “knowledge”.

   Enacted provision · exact public law section
   (2) by striking out in clause (9) “his” and inserting in lieu thereof “the beneficiary’s”.

8. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 title III § 303 · 92 Stat. 2497

   Changed · 38 U.S.C. § 5112(b)(4)

   Pub. L. 95–588 restructured subsection and, as so restructured, provided that the effective date of a change in compensation by reason of a change in income would be the last day of the month in which the change occurred rather than the last day in the calendar year in which such change in income occurred

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 95–588 restructured subsection and, as so restructured, provided that the effective date of a change in compensation by reason of a change in income would be the last day of the month in which the change occurred rather than the last day in the calendar year in which such change in income occurred.

   Enacted provision · exact public law section
   Sec. 303. effective dates for changes in income Clause (4) of section 3012(b) of title 38, United States Code, is amended to read as follows: “(4) by reason of— “(A) change in income shall (except as provided in section 3112 of this title) be the last day of the month in which the change occurred; and “(B) change in corpus of estate shall be the last day of the calendar year in which the change occurred;”.

9. 1982

   Pub. L. 97–253 title IV § 402(a) · 96 Stat. 802

   Substituted · 38 U.S.C. § 5112(b)(2)

   Pub. L. 97–253 substituted “month” for “calendar year”

   Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 97–253 substituted “month” for “calendar year”.

   Effective date note
   Pub. L. 97–253, title IV, § 402(b), Sept. 8, 1982, 96 Stat. 802, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to any marriage, annulment, divorce, or death that occurs after September 30, 1982.”

10. 1986

    Pub. L. 99–576 § 701(64) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 5112(b)(6)

    Pub. L. 99–576, § 701(64), substituted “the payee’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 99–576, § 701(64), substituted “the payee’s” for “his”.

    Enacted provision · exact public law section
    (64) Section 3012(b)(6) is amended by striking out “his” and inserting in lieu thereof “the payee’s”.

11. 1986

    Pub. L. 99–576 § 503 · 100 Stat. 3248

    Added · 38 U.S.C. § 5112(c)

    Pub. L. 99–576, § 503, added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–576, § 503, added subsec. (c).

    Enacted provision · exact public law section
    SEC. 503. EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN BENEFITS PAID TO INCOMPETENT INDIVIDUALS. 38 USC 3012. Section 3012 is amended by adding at the end the following new subsection: “(c) The effective date of a discontinuance under section 3203(b)(1)(A) of this title of pension, compensation, or emergency officers’ retirement pay by reason of hospital treatment or institutional or domiciliary care shall be the last day of the first month of such treatment or care during which the value of the veteran’s estate, as determined under such section, equals or exceeds $1,500.”.

12. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 5112

    Pub. L. 102–40, § 402(b)(1), renumbered section 3012 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(1), renumbered section 3012 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 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.

13. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 5112(b)(4)(A)

    Pub. L. 102–40, § 402(d)(1), substituted “5312” for “3112”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A). Pub. L. 102–40, § 402(d)(1), substituted “5312” for “3112”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

14. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 5112(c)

    Pub. L. 102–40, § 402(d)(1), substituted “5503(b)(1)(A)” for “3203(b)(1)(A)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted “5503(b)(1)(A)” for “3203(b)(1)(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 section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

15. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title II § 204(b)(2) · 115 Stat. 976

    Struck · 38 U.S.C. § 5112(c)

    Pub. L. 107–103 struck out subsec. (c) which read as follows: “The effective date of a discontinuance under section 5503(b)(1)(A) of this title of pension, compensation, or emergency officers’ retirement pay by reason of hospital treatment or institutional or domiciliary care shall be the last day of the first month of such treatment or care during which the value of the veteran’s estate, as determined under such section, equals or exceeds $1,500.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–103 struck out subsec. (c) which read as follows: “The effective date of a discontinuance under section 5503(b)(1)(A) of this title of pension, compensation, or emergency officers’ retirement pay by reason of hospital treatment or institutional or domiciliary care shall be the last day of the first month of such treatment or care during which the value of the veteran’s estate, as determined under such section, equals or exceeds $1,500.”

    Enacted provision · exact public law section
    (2) Section 5112 is amended by striking subsection (c).

16. 2022

    Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022

    Pub. L. 117–168 title VIII § 807(a)(4) · 136 Stat. 1759

    Struck · 38 U.S.C. § 5112(b)(6)

    Pub. L. 117–168 struck out “(at the payee’s last address of record)” after “notice to the payee”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 117–168 struck out “(at the payee’s last address of record)” after “notice to the payee”.

    Enacted provision · exact public law section
    (4) In section 5112(b)(6), by striking “(at the payee’s last address of record)”.

16 of 18 references resolved to an enrolled provision · 1 partial · 1 unresolved