§ 5304. Prohibition against duplication of benefits

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. § 5304

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3104

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3104

2. 1960

   Pub. L. 86–495 § 1 · 74 Stat. 163

   Substituted · 38 U.S.C. § 5304(b)(2)

   Pub. L. 86–495 substituted provisions prohibiting the payment or furnishing of benefits other than insurance to or on account of any child by reason of the death of more than one parent in the same parental line, and permitting the child to elect one or more times to receive benefits by reason of the death of any one of such parents, for provisions which prohibited the payment of dependency and indemnity compensation to or on account of a child by reason of the death of another parent where the child receives or there is paid by the Veterans’ Administration on account of a child dependency and indemnity compensation, or death compensation, by reason of the death of a parent

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 86–495 substituted provisions prohibiting the payment or furnishing of benefits other than insurance to or on account of any child by reason of the death of more than one parent in the same parental line, and permitting the child to elect one or more times to receive benefits by reason of the death of any one of such parents, for provisions which prohibited the payment of dependency and indemnity compensation to or on account of a child by reason of the death of another parent where the child receives or there is paid by the Veterans’ Administration on account of a child dependency and indemnity compensation, or death compensation, by reason of the death of a parent.

3. 1964

   Pub. L. 88–664 § 9 · 78 Stat. 1094

   Inserted · 38 U.S.C. § 5304(a)

   Pub. L. 88–664 inserted “or concurrently to any person based on the service of any other person” after “own service”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–664 inserted “or concurrently to any person based on the service of any other person” after “own service”.

   Enacted provision · exact public law section
   Sec. 9. Section 3104(a) of title 38, United States Code, is amended by inserting “or concurrently to any person based on the service of any other person” immediately before the period at the end thereof.

4. 1970

   Pub. L. 91–376 § 6 · 84 Stat. 787

   1. Inserted · 38 U.S.C. § 5304(b)(1); 38 U.S.C. § 5304(b)(3)

      Pub. L. 91–376 inserted reference to par. (3) in par. (1)

   2. Added · 38 U.S.C. § 5304(b)(1); 38 U.S.C. § 5304(b)(3)

      Pub. L. 91–376 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(1), (3). Pub. L. 91–376 inserted reference to par. (3) in par. (1) and added par. (3).

   Enacted provision · exact public law section
   Sec. 5. (a) If a widow terminates a relationship or conduct which Denial of benefits, exception. resulted in imposition of a prior restriction on payment of benefits, in the nature of inference or presumption of remarriage, or relating to open and notorious adulterous cohabitation or similar conduct, she shall not be denied any benefits by the Veterans’ Administration, other than insurance, solely because of such prior relationship or conduct. (b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor, filed after termination of the particular relationship or conduct and after December 31, 1970.

5. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 title III § 304 · 92 Stat. 2497

   Inserted · 38 U.S.C. § 5304(b)(1)

   Pub. L. 95–588 inserted “of this subsection and in section 521(i) of this title” after “(2) and (3)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 95–588 inserted “of this subsection and in section 521(i) of this title” after “(2) and (3)”.

   Enacted provision · exact public law section
   Sec. 304. conforming amendment relating to prohibition on concurrent pensions Paragraph (1) of section 3104(b) of title 38, United States Code, is amended by inserting “of this subsection and in section 521(i) of this title” after “(2) and (3)”.

6. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 title V § 503(a) · 94 Stat. 1528

   1. Amended · 38 U.S.C. § 5304(a)

      Pub. L. 96–385 designated existing provisions as par. (1)

   2. Added · 38 U.S.C. § 5304(a)

      Pub. L. 96–385 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–385 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Section 3104(a) is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end of such subsection the following new paragraph: “(2) Notwithstanding the provisions of paragraph (1) of this subsection 38 USC 3105. 38 USC 521, 541. and of section 3105 of this title, pension under section 521 or 541 of this title may be paid to a person entitled to receive retired or retirement pay described in section 3105 of this title concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual 38 USC 501 et seq. 38 USC 3203. income for the purposes of chapter 15 of this title.”.

7. 1986

   Pub. L. 99–576 § 701(71)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 5304(a)(1)

   Pub. L. 99–576, § 701(71)(A), substituted “such person’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–576, § 701(71)(A), substituted “such person’s” for “his”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking out “his” and inserting in lieu thereof “such person’s”;

8. 1986

   Pub. L. 99–576 § 701(71)(B)(i) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 5304(b)(1)

      Pub. L. 99–576, § 701(71)(B)(i), (ii), substituted “surviving spouse” for “widow”

   2. Substituted · 38 U.S.C. § 5304(b)(1)

      Pub. L. 99–576, § 701(71)(B)(i), (ii), substituted “such person’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–576, § 701(71)(B)(i), (ii), substituted “surviving spouse” for “widow” and “such person’s” for “his”.

   Enacted provision · exact public law section
   (i) by striking out “widow” in paragraph (1) and inserting in lieu thereof “surviving spouse”;

9. 1986

   Pub. L. 99–576 § 701(71)(B)(iii) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 5304(b)(3)

   Pub. L. 99–576, § 701(71)(B)(iii), substituted “such person” for “he or she”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 99–576, § 701(71)(B)(iii), substituted “such person” for “he or she”.

   Enacted provision · exact public law section
   (iii) by striking out “he or she” in paragraph (3) and inserting in lieu thereof “such person”; and

10. 1986

    Pub. L. 99–576 § 701(71)(C) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 5304(c)

       Pub. L. 99–576, § 701(71)(C), substituted “any person’s” for “his”

    2. Substituted · 38 U.S.C. § 5304(c)

       Pub. L. 99–576, § 701(71)(C), substituted “to such person” for “to any person”

    3. Substituted · 38 U.S.C. § 5304(c)

       Pub. L. 99–576, § 701(71)(C), substituted “such person” for “he”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–576, § 701(71)(C), substituted “any person’s” for “his”, “to such person” for “to any person”, and “such person” for “he”.

    Enacted provision · exact public law section
    (C) in subsection (c)— (i) by striking out “his” and inserting in lieu thereof “any person’s”; (ii) by striking out “to any person” and inserting in lieu thereof “to such person”; and (iii) by striking out “he” and inserting in lieu thereof “such person”.

11. 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. § 5304

    Pub. L. 102–40, § 402(b)(1), renumbered section 3104 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(1), renumbered section 3104 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.

12. 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. § 5304(a)(2)

    Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105” in two places.

    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.

13. 1991

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

    Substituted · 38 U.S.C. § 5304(a)(2)

    Pub. L. 102–83, § 5(c)(1), substituted “1521” and “1541” for “521” and “541”, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–83, § 5(c)(1), substituted “1521” and “1541” for “521” and “541”, respectively.

    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.

14. 1991

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

    Substituted · 38 U.S.C. § 5304(b)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “1521(i)” for “521(i)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted “1521(i)” for “521(i)”.

    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.

15. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5304(b)(2); 38 U.S.C. § 5304(b)(3)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (b)(2), (3). 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”.

16. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 title III § 308(a) · 118 Stat. 3598

    Inserted · 38 U.S.C. § 5304(a)(1)

    Pub. L. 108–454 inserted “as provided in section 1414 of title 10 or” after “Except”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–454 inserted “as provided in section 1414 of title 10 or” after “Except”.

    Enacted provision · exact public law section
    (a) Prohibition Against Duplication of Benefits.— Section 5304(a)(1) is amended by inserting “as provided in section 1414 of title 10 or” after “Except”.

17. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 div. A title VI § 633(b) · 129 Stat. 726

    Added · 38 U.S.C. § 5304(d)

    Pub. L. 114–92 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–92 added subsec. (d).

    Enacted provision · exact public law section
    (b) Offset of Veterans Pension and Compensation by Amount of Lump Sum Payments.— Section 5304 of title 38, United States Code, is amended by adding at the end the following new subsection: “(d) (1) Other than amounts payable under section 1413a or 1414 of title 10, the amount of pension and compensation benefits payable to a person under this title shall be reduced by the amount of any lump sum payment made to such person under section 1415 of title 10. “(2) The Secretary shall collect any reduction under paragraph (1) from amounts otherwise payable to the person under this title, including pension and compensation payable under this title, before any pension and compensation payments under this title may be paid to the person.” .

    Effective date note
    Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

20 of 22 references resolved to an enrolled provision · 2 partial