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Title 38 — Veterans’ Benefits

Part IV · Chapter 51 — Claims, Effective Dates, and Payments

§ 5122. Cancellation of checks mailed to deceased payees

Statutory text

A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee’s estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.

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. § 5122

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022

  2. Pub. L. 99–576 title VII § 701(67) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 5122

    Pub. L. 99–576 substituted “the payee’s” for “his” in first sentence

    Source evidence

    Code amendment note
    Pub. L. 99–576 substituted “the payee’s” for “his” in first sentence.

    Enacted provision · exact public law section
    (67) Section 3022 is amended by striking out “his” and inserting in lieu thereof “the payee’s”.

  3. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    1. Substituted · 38 U.S.C. § 5122

      Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted “5121” for “3021”

    2. Substituted · 38 U.S.C. § 5122

      Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted “5121(c)” for “3021(c)”

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted “5121” for “3021” in two places and “5121(c)” for “3021(c)”.

    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.

  4. General Accounting Office Act of 1996

    Pub. L. 104–316 title II § 202(t) · 110 Stat. 3826

    Struck · 38 U.S.C. § 5122

    Pub. L. 104–316 in last sentence struck out “upon settlement by the General Accounting Office” after “shall be paid”

    Source evidence

    Code amendment note
    Pub. L. 104–316 in last sentence struck out “upon settlement by the General Accounting Office” after “shall be paid”.

    Enacted provision · exact public law section
    (t) Cancellation of Checks Mailed to Deceased Payees.— Section 5122 of title 38, United States Code, is amended by striking “upon settlement by the General Accounting Office”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1996 · 3 rounds

1996

Pub. L. 104–316 in last sentence struck out “upon settlement by the General Accounting Office” after “shall be paid”.

1991

Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted “5121” for “3021” in two places and “5121(c)” for “3021(c)”.

1986

Pub. L. 99–576 substituted “the payee’s” for “his” in first sentence.

Credits

1958–1996 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1229, § 3022
  2. 1986Pub. L. 99–576, title VII, § 701(67), , 100 Stat. 3296
  3. 1991renumbered § 5122 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239
  4. 1996Pub. L. 104–316, title II, § 202(t), , 110 Stat. 3845.
Show as published

(Pub. L. 85–857, , 72 Stat. 1229, § 3022; Pub. L. 99–576, title VII, § 701(67), , 100 Stat. 3296; renumbered § 5122 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 104–316, title II, § 202(t), , 110 Stat. 3845.)

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USLM identifier /us/usc/t38/s5122