§ 5312. Annual adjustment of certain benefit rates

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. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 title III § 305(a) · 92 Stat. 2497

   Enacted · 38 U.S.C. § 5312

   Added Pub. L. 95–588, title III, § 305(a), Nov. 4, 1978, 92 Stat. 2507, § 3112

   Source evidence

   Code source credit
   Added Pub. L. 95–588, title III, § 305(a), Nov. 4, 1978, 92 Stat. 2507, § 3112

   Enacted provision · exact public law section
   (a) Chapter 53 of title 38, United States Code, is amended by adding at the end thereof the following new section: “§ 3112. Annual adjustment of certain benefit rates “(a) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act as a result of a determination made 42 USC 401. 42 USC 415. under section 215(i) of such Act, the Administrator shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 521, 541, and 542 of this title and the rate of increased pension paid under such sections 521 and 541 on account of children, as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. “(b) (1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act as a result of a determination made under section 215(i) of such Act, the Administrator shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsection (h), of section 415 of such title and the annual income limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such section, as such rates and limitations were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. “(2) (A) Whenever there is an increase under paragraph (1) of this subsection in such rates and annual income limitations, the Administrator shall, effective on the date of such increase in such rates and limitations, adjust (as provided in subparagraph (B) of this paragraph) the rates of dependency and indemnity compensation payable under subsection (b)(1) or (c)(1) of section 415 of this title to any parent whose annual income is more than $800 but not more than the annual income limitation in effect under subsection (b)(3) or (c)(3) of such section, as appropriate, and adjust the rates of such compensation payable under subsection (d)(1) of such section to any parent whose annual income is more than $1,000 but not more than the annual income limitation in effect under subsection (d)(3) of such section. “(B) The adjustment in rates of dependency and indemnity compensation Regulations. referred to in subparagraph (A) of this paragraph shall be made by the Administrator in accordance with regulations which the Administrator shall prescribe. “(c) (1) Whenever there is an increase under subsection (a) in Publication in Federal Register. benefit rates payable under sections 521, 541, and 542 of this title and an increase under subsection (b) in benefit rates and annual income limitations under section 415 of this title, the Administrator shall publish such rates and limitations (including those rates adjusted by the Administrator under subsection (b)(2) of this section), as increased pursuant to such subsections, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act is published by reason of a determination under section 215(i) 42 USC 415. of such Act. “(2) Whenever such rates and income limitations are so increased, the Administrator may round such rates and income limitations in such manner as the Administrator considers equitable and appropriate for ease of administration.”.

2. 1982

   Pub. L. 97–295 § 4(76)(A) · 96 Stat. 1287

   1. Inserted · 38 U.S.C. § 5312(a)

      Pub. L. 97–295, § 4(76)(A), (B), inserted “(42 U.S.C. 401 et seq.)” after first reference to “title II of the Social Security Act”

   2. Inserted · 38 U.S.C. § 5312(a)

      Pub. L. 97–295, § 4(76)(A), (B), inserted “(42 U.S.C. 415(i))” after “section 215(i) of such Act”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295, § 4(76)(A), (B), inserted “(42 U.S.C. 401 et seq.)” after first reference to “title II of the Social Security Act”, and inserted “(42 U.S.C. 415(i))” after “section 215(i) of such Act”.

   Enacted provision · exact public law section
   (A) in subsections (a) and (b)(1), by inserting “(42 U.S.C. 401 et seq.)” after “title II of the Social Security Act” the first time it appears in each subsection;

3. 1982

   Pub. L. 97–295 § 4(76)(A) · 96 Stat. 1287

   1. Inserted · 38 U.S.C. § 5312(b)(1)

      Pub. L. 97–295, § 4(76)(A)–(C), inserted “(42 U.S.C. 401 et seq.)” after first reference to “title II of the Social Security Act”

   2. Inserted · 38 U.S.C. § 5312(b)(1)

      Pub. L. 97–295, § 4(76)(A)–(C), inserted “(42 U.S.C. 415(i))” after “section 215(i) of such Act”

   3. Substituted · 38 U.S.C. § 5312(b)(1)

      Pub. L. 97–295, § 4(76)(A)–(C), substituted “subsection (g), of section 415 of this title” for “subsection (h), of section 415 of such title”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 97–295, § 4(76)(A)–(C), inserted “(42 U.S.C. 401 et seq.)” after first reference to “title II of the Social Security Act”, inserted “(42 U.S.C. 415(i))” after “section 215(i) of such Act”, and substituted “subsection (g), of section 415 of this title” for “subsection (h), of section 415 of such title”.

   Enacted provision · exact public law section
   (A) in subsections (a) and (b)(1), by inserting “(42 U.S.C. 401 et seq.)” after “title II of the Social Security Act” the first time it appears in each subsection;

4. 1982

   Pub. L. 97–295 § 4(76)(B) · 96 Stat. 1287

   1. Inserted · 38 U.S.C. § 5312(c)(1)

      Pub. L. 97–295, § 4(76)(B), (D), inserted “(42 U.S.C. 415(i)(2)(D))” after “section 215(i)(2)(D) of the Social Security Act”

   2. Inserted · 38 U.S.C. § 5312(c)(1)

      Pub. L. 97–295, § 4(76)(B), (D), inserted “(42 U.S.C. 415(i))” after “section 215(i) of such Act”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 97–295, § 4(76)(B), (D), inserted “(42 U.S.C. 415(i)(2)(D))” after “section 215(i)(2)(D) of the Social Security Act”, and inserted “(42 U.S.C. 415(i))” after “section 215(i) of such Act”.

   Enacted provision · exact public law section
   (B) by inserting “(42 U.S.C. 415(i))” after “section 215(i) of such Act” wherever it appears;

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

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

   Changed · 38 U.S.C. § 5312

   Pub. L. 102–40 renumbered section 3112 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3112 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.

6. 1991

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

   Substituted · 38 U.S.C. § 5312(a)

   Pub. L. 102–83, § 5(c)(1), substituted “1521”, “1541”, and “1542” for “521”, “541”, and 542”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1521”, “1541”, and “1542” for “521”, “541”, and 542”, respectively, wherever appearing.

   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 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5312(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

8. 1991

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

   Substituted · 38 U.S.C. § 5312(b)(1); 38 U.S.C. § 5312(2)(A)

   Pub. L. 102–83, § 5(c)(1), substituted “1315” for “415”

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2)(A). Pub. L. 102–83, § 5(c)(1), substituted “1315” for “415”.

   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.

9. 1991

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

   Substituted · 38 U.S.C. § 5312(b)(1); 38 U.S.C. § 5312(2)(A)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

10. 1991

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

    Substituted · 38 U.S.C. § 5312(b)(2)(B)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 1991

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

    1. Substituted · 38 U.S.C. § 5312(c)(1)

       Pub. L. 102–83, § 5(c)(1), substituted “1521”, “1541”, and “1542” for “521”

    2. Substituted · 38 U.S.C. § 5312(c)(1)

       Pub. L. 102–83, § 5(c)(1), substituted “1521”, “1541”, and “1315” for “415”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–83, § 5(c)(1), substituted “1521”, “1541”, and “1542” for “521”, “541”, and “542”, respectively, and “1315” for “415”.

    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.

12. 1991

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

    Substituted · 38 U.S.C. § 5312(c)(1)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

13. 1991

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

    Substituted · 38 U.S.C. § 5312(c)(2)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

14. 1996

    Pub. L. 104–204 § 421(c)(1) · 110 Stat. 2874

    1. Substituted · 38 U.S.C. § 5312(a)

       Pub. L. 104–204, § 421(c)(1), substituted “, the rate of increased pension” for “and the rate of increased pension”

    2. Inserted · 38 U.S.C. § 5312(a)

       Pub. L. 104–204, § 421(c)(1), inserted “and each rate of monthly allowance paid under section 1805 of this title,” after “on account of children,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–204, § 421(c)(1), substituted “, the rate of increased pension” for “and the rate of increased pension” and inserted “and each rate of monthly allowance paid under section 1805 of this title,” after “on account of children,”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “and the rate of increased pension” and inserting in lieu thereof “, the rate of increased pension”; and (B) by inserting after “on account of children,” the following: “and each rate of monthly allowance paid under section 1805 of this title,”; and

15. 1996

    Pub. L. 104–204 § 421(c)(2) · 110 Stat. 2874

    Substituted · 38 U.S.C. § 5312(c)(1)

    Pub. L. 104–204, § 421(c)(2), substituted “1542, and 1805” for “and 1542”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 104–204, § 421(c)(2), substituted “1542, and 1805” for “and 1542”.

    Enacted provision · exact public law section
    (2) in subsection (c)(1), by striking out “and 1542” and inserting in lieu thereof “1542, and 1805”.

16. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 title V § 506 · 118 Stat. 3598

    Inserted · 38 U.S.C. § 5312(b)(1)

    Pub. L. 108–454 inserted “and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title,” after “(d)(3) of such section,”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–454 inserted “and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title,” after “(d)(3) of such section,”.

    Enacted provision · exact public law section
    SEC. 506. ANNUAL ADJUSTMENT IN BENEFITS THRESHOLDS.   Section 5312(b)(1) is amended by inserting “and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title,” after “(d)(3) of such section,”.

    Effective date note
    Pub. L. 108–454, title V, § 507, Dec. 10, 2004, 118 Stat. 3622, provided that:

22 of 22 references resolved to an enrolled provision