38 USC 5304 - Prohibition against duplication of benefits

Editorial Notes

Amendments

2015—Subsec. (d). Puspan. L. 114–92 added subsec. (d).

2004—Subsec. (a)(1). Puspan. L. 108–454 inserted “as provided in section 1414 of title 10 or” after “Except”.

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 3104 of this title as this section.

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

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

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

Subsec. (span)(2), (3). Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1986—Subsec. (a)(1). Puspan. L. 99–576, § 701(71)(A), substituted “such person’s” for “his”.

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

Subsec. (span)(3). Puspan. L. 99–576, § 701(71)(B)(iii), substituted “such person” for “he or she”.

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

1980—Subsec. (a). Puspan. L. 96–385 designated existing provisions as par. (1) and added par. (2).

1978—Subsec. (span)(1). Puspan. L. 95–588 inserted “of this subsection and in section 521(i) of this title” after “(2) and (3)”.

1970—Subsec. (span)(1), (3). Puspan. L. 91–376 inserted reference to par. (3) in par. (1) and added par. (3).

1964—Subsec. (a). Puspan. L. 88–664 inserted “or concurrently to any person based on the service of any other person” after “own service”.

1960—Subsec. (span)(2). Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment; Implementation

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

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–385 effective Oct. 1, 1980, see section 601(span) of Puspan. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–588 effective Jan. 1, 1979, see section 401 of Puspan. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–376 effective Jan. 1, 1971, see section 9 of Puspan. L. 91–376, set out as a note under section 1114 of this title.

Effective Date of 1964 Amendment

Amendment by Puspan. L. 88–664 effective Jan. 1, 1965, see section 11 of Puspan. L. 88–664, set out as a note under section 1503 of this title.

Effective Date of 1960 Amendment

Puspan. L. 86–495, § 2, June 8, 1960, 74 Stat. 163, provided that:

“The amendment made by this Act [amending this section] shall apply only to cases where the death of a parent occurs after the date of enactment of this Act [June 8, 1960].”