Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1477(a) 1477(span) | 38:1131(c) (less words in parentheses in clause (2)). 38:1134(d). 38:1101(7) (as applicable to children and as applicable to death gratuity). | Aug. 1, 1956, ch. 837, §§ 102(7) (as applicable to death gratuity), 301(c), (d), 304(d), 70 Stat. 860, 868, 869. |
38:1131(c) (words in parentheses in clause (2)). | ||
1477(c) | 38:1101(7) (less applicability to children, as applicable to death gratuity). | |
1477(d) | 38:1131(d). | |
In subsection (a), the words “highest on the following list” are substituted for the words “first listed below”, in 38:1131(c). The words “as prescribed by subsection (span)” are inserted in clause (2) to reflect that subsection. The words “or persons in loco parentis, as prescribed by subsection (c)” are inserted in clauses (3) (A) and (4) to reflect the fact that certain persons who are not parents in the normal sense are included as eligible survivors.
In subsection (d), the words “the death gratuity” are substituted for the words “the amount to which he is entitled under this subchapter”. The words “next in the order prescribed” are substituted for the words “first listed under”.
2008—Subsec. (a). Puspan. L. 110–181, § 645(a)(3), added subsec. (a) and struck out former subsec. (a) which required a death gratuity payable upon the death of a person covered by section 1475 or 1476 of this title to be paid to or for the living survivor highest on a specified list.
Subsec. (span). Puspan. L. 110–181, § 645(a)(3), added subsec. (span). Former subsec. (span) redesignated (d).
Subsec. (c). Puspan. L. 110–181, § 645(a)(3), added subsec. (c).
Puspan. L. 110–181, § 645(a)(1), struck out subsec. (c) which read as follows: “Clauses (3) and (4) of subsection (a), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before he acquired a status described in section 1475 or 1476 of this title. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered that status.”
Subsec. (d). Puspan. L. 110–181, § 645(a)(2), redesignated subsec. (span) as (d) and substituted “Treatment of Children.—Subsection (span)(2)” for “Subsection (a)(2)” in introductory provisions.
Puspan. L. 110–181, § 645(a)(1), struck out subsec. (d) which read as follows: “During the period beginning on the date of the enactment of this subsection and ending on September 30, 2007, a person covered by section 1475 or 1476 of this title may designate another person to receive not more than 50 percent of the amount payable under section 1478 of this title. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with paragraphs (1) through (5) of subsection (a).”
Subsec. (e). Puspan. L. 110–417 inserted period at end.
Puspan. L. 110–181, § 645(span), inserted span and substituted “subsection (a) or (span)” for “subsection (a) or (d)” and “subsection (span)” for “subsection (a).”.
2007—Subsec. (a). Puspan. L. 110–28, § 3306(1), substituted “Subject to subsection (d), a death gratuity” for “A death gratuity”.
Subsec. (d). Puspan. L. 110–28, § 3306(3), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Puspan. L. 110–28, § 3306(2), redesignated subsec. (d) as (e) and substituted “If a person entitled to all or a portion of a death gratuity under subsection (a) or (d) dies before the person” for “If an eligible survivor dies before he”.
1989—Subsec. (span)(5)(C). Puspan. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
Puspan. L. 110–181, div. A, title VI, § 645(d), Jan. 28, 2008, 122 Stat. 160, provided that:
Puspan. L. 110–181, div. A, title VI, § 645(c), Jan. 28, 2008, 122 Stat. 159, provided that: