§ 5310. Payment of benefits for month of death

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. 1962

   Pub. L. 87–825 § 4(a) · 76 Stat. 948

   Enacted · 38 U.S.C. § 5310

   Added Pub. L. 87–825, § 4(a), Oct. 15, 1962, 76 Stat. 950, § 3110

   Source evidence

   Code source credit
   Added Pub. L. 87–825, § 4(a), Oct. 15, 1962, 76 Stat. 950, § 3110

   Enacted provision · exact public law section
   (a) Chapter 53 of title 38, United States Code, is amended by adding the following new section: “§ 3110. Payment of benefits for month of death Ante, p. 948. “If, in accordance with the provisions of section 3010(d) of this title, a widow is entitled to death benefits under chapter 11, 13, or 15 38 USC 301–501. of this title for the month in which a veteran’s death occurs, the amount of such death benefits for that month shall be not less than the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for his death.”

2. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 703(3) · 97 Stat. 993

   1. Substituted · 38 U.S.C. § 5310

      Pub. L. 98–160 substituted “surviving spouse” for “widow”

   2. Substituted · 38 U.S.C. § 5310

      Pub. L. 98–160 substituted “the death of the veteran” for “his death”

   Source evidence

   Code amendment note
   Pub. L. 98–160 substituted “surviving spouse” for “widow”, and “the death of the veteran” for “his death”.

   Enacted provision · exact public law section
   (3) Section 3110 is amended— (A) by striking out “widow” and inserting in lieu thereof “surviving spouse”; and (B) by striking out “his death” and inserting in lieu thereof “the death of the veteran”.

3. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

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

   Substituted · 38 U.S.C. § 5310

   Pub. L. 102–40 renumbered section 3110 of this title as this section and substituted “5110(d)” for “3010(d)”

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3110 of this title as this section and substituted “5110(d)” for “3010(d)”.

   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. 1996

   Veterans’ Benefits Improvements Act of 1996

   Pub. L. 104–275 title V § 506(a) · 110 Stat. 3322

   1. Amended · 38 U.S.C. § 5310

      Pub. L. 104–275 designated existing provisions as subsec. (a)

   2. Added · 38 U.S.C. § 5310

      Pub. L. 104–275 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 104–275 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) Benefit for Month of Death.— Section 5310 is amended— (1) by inserting “(a)” before “If, in accordance with”; and (2) by adding at the end the following: “(b) (1) If the surviving spouse of a veteran who was in receipt of compensation or pension at the time of death is not entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which the veteran’s death occurs, that surviving spouse shall be entitled to a benefit for that month in the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the veteran. “(2) If (notwithstanding section 5112(b)(1) of this title) a check or other payment is issued to, and in the name of, the deceased veteran as a benefit payment under chapter 11 or 15 of this title for the month in which death occurs, that check or other payment (A) shall be treated for all purposes as being payable to the surviving spouse, and (B) if that check or other payment is negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under this paragraph. However, if such check or other payment is in an amount less than the amount of the benefit under paragraph (1), the unpaid amount shall be treated in the same manner as an accrued benefit under section 5121 of this title.”.

5. 1997

   Pub. L. 105–114 title IV § 401(f) · 111 Stat. 2277

   Substituted · 38 U.S.C. § 5310(b)(2)

   Pub. L. 105–114 substituted “under paragraph (1)” for “under this paragraph” before period at end of first sentence

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 105–114 substituted “under paragraph (1)” for “under this paragraph” before period at end of first sentence.

   Enacted provision · exact public law section
   (f) Certain Benefits for Surviving Spouses.— Section 5310(b)(2) is amended by striking out “under this paragraph” in the first sentence and inserting in lieu thereof “under paragraph (1)”.

6. 2012

   Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

   Pub. L. 112–154 § 507(a) · 126 Stat. 1165

   Amended · 38 U.S.C. § 5310

   Pub. L. 112–154, § 507(a), amended section generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 112–154, § 507(a), amended section generally. Prior to amendment, text read as follows:

   “(a) If, in accordance with the provisions of section 5110(d) of this title, a surviving spouse is entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which a veteran’s death occurs, the amount of such death benefits for that month shall be not less than the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the veteran. “(b)(1) If the surviving spouse of a veteran who was in receipt of compensation or pension at the time of death is not entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which the veteran’s death occurs, that surviving spouse shall be entitled to a benefit for that month in the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the veteran. “(2) If (notwithstanding section 5112(b)(1) of this title) a check or other payment is issued to, and in the name of, the deceased veteran as a benefit payment under chapter 11 or 15 of this title for the month in which death occurs, that check or other payment (A) shall be treated for all purposes as being payable to the surviving spouse, and (B) if that check or other payment is negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under paragraph (1). However, if such check or other payment is in an amount less than the amount of the benefit under paragraph (1), the unpaid amount shall be treated in the same manner as an accrued benefit under section 5121 of this title.”

   Enacted provision · exact public law section
   (a) Surviving Spouse Benefit for Month of Veteran’s Death.— Subsections (a) and (b) of section 5310 are amended to read as follows: “(a) In General.— (1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if— “(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or “(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death. “(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died. “(b) Claims Pending Adjudication.— If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section 5121 of this title.” .

   Effective date note
   Amendment by Pub. L. 112–154 effective Aug. 6, 2012, and applicable with respect to deaths that occur on or after that date, see section 507(c) of Pub. L. 112–154, set out as a note under section 5111 of this title.

8 of 8 references resolved to an enrolled provision