38-U.S.C.-3017
§3017 – Death Benefit
Pathway
Title 38 > Part III > Chapter 30 > Subchapter II > Section 3017
Details
- Reference: Section 3017
- Legend: §3017 – Death Benefit
- USCode Year: 2013
Provision Content
(a)(1) In the event of the service-connected death of any individual—
(A) who—
(i) is entitled to basic educational assistance under this chapter; or
(ii) is on active duty in the Armed Forces and but for clause (1)(A)(i) or clause (2) of section 3011(a) or clause (1)(A)(i) or (ii) or clause (2) of section 3012(a) of this title would be eligible for such basic educational assistance; and
(B) who dies while on active duty or within one year after discharge or release from active duty,
the Secretary shall make a payment, subject to paragraph (2)(B) of this subsection, in the amount described in subsection (b) of this section to the person or persons described in paragraph (2)(A) of this subsection.
(2)(A) The payment referred to in paragraph (1) of this subsection shall be made to the person or persons first listed below who is surviving on the date of such individuals death:
(i) The beneficiary or beneficiaries designated by such individual under the individuals Servicemembers’ Group Life Insurance policy.
(ii) The surviving spouse of the individual.
(iii) The surviving child or children of the individual, in equal shares.
(iv) The surviving parent or parents of the individual, in equal shares.
(B) If no such person survives such individual, no payment shall be made under this section.
(b) The amount of any payment made under this section shall be equal to—
(1) the total of—
(A) the amount reduced from the individuals basic pay under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 3018C(b), or 3018C(e) of this title;
(B) the amount reduced from the individuals retired pay under section 3018C(e) of this title;
(C) the amount collected from the individual by the Secretary under section 3018B(b), 3018C(b), or 3018C(e) of this title; and
(D) the amount of any contributions made by the individual under section 3011(e) or 3012(f) of this title, less
(2) the total of—
(A) the amount of educational assistance that has been paid to the individual under this chapter before the payment is made under this section; and
(B) the amount of accrued benefits paid or payable with respect to such individual in connection with this chapter.
(c) A payment under this section shall be considered to be a benefit under this title and, for purposes of section 3035(b)(1), it shall be considered to be an entitlement earned under this subchapter.
(Added Pub. L. 100–689, title I, §101(a), Nov. 18, 1988, 102 Stat. 4161, §1417; amended Pub. L. 101–237, title IV, §423(a)(3), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; renumbered §3017 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, §308, Oct. 29, 1992, 106 Stat. 4329; Pub. L. 104–275, title IV, §405(c)(2), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 106–419, title I, §102(a)(2), Nov. 1, 2000, 114 Stat. 1824; Pub. L. 107–14, §7(d)(1), June 5, 2001, 115 Stat. 33; Pub. L. 109–233, title V, §503(4), June 15, 2006, 120 Stat. 416.)
Amendments
2006—Subsec. (b)(1)(D). Pub. L. 109–233 substituted 3011(e) for 3011(c).
2001—Subsec. (b)(1). Pub. L. 107–14 amended par. (1) generally. Prior to amendment, par. (1) read as follows: the amount reduced from the individuals pay under section 3011(b), 3012(c), or 3018(c) of this title, less.
2000—Subsec. (a)(1)(A)(ii). Pub. L. 106–419 substituted clause (2) of section 3011(a) for clause (2)(A) of section 3011(a).
1996—Subsec. (a)(2)(A)(i). Pub. L. 104–275 substituted Servicemembers’ Group for Servicemens Group.
1992—Subsec. (a)(1)(B). Pub. L. 102–568 inserted before comma or within one year after discharge or release from active duty.
1991—Pub. L. 102–83, §5(a), renumbered section 1417 of this title as this section.
Subsec. (a)(1)(A)(ii). Pub. L. 102–83, §5(c)(1), substituted 3011(a) for 1411(a) and 3012(a) for 1412(a).
Subsec. (b)(1). Pub. L. 102–83, §5(c)(1), substituted 3011(b), 3012(c), or 3018(c) for 1411(b), 1412(c), or 1418(c).
Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted 3035(b)(1) for 1435(b)(1).
1989—Subsec. (a)(1). Pub. L. 101–237, §423(b)(1)(A), substituted Secretary for Administrator.
Subsec. (a)(1)(A)(ii). Pub. L. 101–237, §423(a)(3), substituted but for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title for but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title.
Effective Date of 2001 Amendment
Pub. L. 107–14, §7(d)(2), June 5, 2001, 115 Stat. 33, provided that: The amendment made by paragraph (1) [amending this section] shall take effect as of May 1, 2001.
Effective Date
Pub. L. 100–689, title I, §101(c), Nov. 18, 1988, 102 Stat. 4162, provided that: The amendments made by this section [enacting this section] shall take effect as of July 1, 1985.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-3016 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-3016, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-3011 in the Legal Encyclopedia: Readjustment
In this entry about 38-U.S.C.-3011, find legal reference material, bibliographies and premiere content related to readjustment in the American Encyclopedia of Law, presenting a comprehensive view of the United States readjustment-specific issues, written by authorities in the field.
25-U.S.C.-3371 in the Legal Encyclopedia: Education
In this entry about 25-U.S.C.-3371, find legal reference material, bibliographies and premiere content related to education in the American Encyclopedia of Law, presenting a comprehensive view of the United States education-specific issues, written by authorities in the field.
38-U.S.C.-2411 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-2411, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
Leave a Reply