38-U.S.C.-5304
§5304 – Prohibition Against Duplication of Benefits
Pathway
Title 38 > Part IV > Chapter 53 > Section 5304
Details
- Reference: Section 5304
- Legend: §5304 – Prohibition Against Duplication of Benefits
- USCode Year: 2013
Provision Content
(a)(1) Except as provided in section 1414 of title 10 or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such persons own service or concurrently to any person based on the service of any other person.
(2) Notwithstanding the provisions of paragraph (1) of this subsection and of section 5305 of this title, pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in section 5305 of this title concurrently with such persons receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and in section 1521(i) of this title, the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such persons own service, shall not bar the payment of pension, compensation, or dependency and indemnity compensation on account of the death or disability of any other person.
(2) Benefits other than insurance under laws administered by the Secretary may not be paid or furnished to or on account of any child by reason of the death of more than one parent in the same parental line; however, the child may elect one or more times to receive benefits by reason of the death of any one of such parents.
(3) Benefits other than insurance under laws administered by the Secretary may not be paid to any person by reason of the death of more than one person to whom such person was married; however, the person may elect one or more times to receive benefits by reason of the death of any one spouse.
(c) Pension, compensation, or retirement pay on account of any persons own service shall not be paid to such person for any period for which such person receives active service pay.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, §3104; Pub. L. 86–495, §1, June 8, 1960, 74 Stat. 163; Pub. L. 88–664, §9, Oct. 13, 1964, 78 Stat. 1096; Pub. L. 91–376, §6, Aug. 12, 1970, 84 Stat. 790; Pub. L. 95–588, title III, §304, Nov. 4, 1978, 92 Stat. 2507; Pub. L. 96–385, title V, §503(a), Oct. 7, 1980, 94 Stat. 1534; Pub. L. 99–576, title VII, §701(71), Oct. 28, 1986, 100 Stat. 3297; renumbered §5304 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §§4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 108–454, title III, §308(a), Dec. 10, 2004, 118 Stat. 3614.)
Amendments
2004—Subsec. (a)(1). Pub. L. 108–454 inserted as provided in section 1414 of title 10 or after Except.
1991—Pub. L. 102–40, §402(b)(1), renumbered section 3104 of this title as this section.
Subsec. (a)(2). Pub. L. 102–83, §5(c)(1), substituted 1521 and 1541 for 521 and 541, respectively.
Pub. L. 102–40, §402(d)(1), substituted 5305 for 3105 in two places.
Subsec. (b)(1). Pub. L. 102–83, §5(c)(1), substituted 1521(i) for 521(i).
Subsec. (b)(2), (3). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
1986—Subsec. (a)(1). Pub. L. 99–576, §701(71)(A), substituted such persons for his.
Subsec. (b)(1). Pub. L. 99–576, §701(71)(B)(i), (ii), substituted surviving spouse for widow and such persons for his.
Subsec. (b)(3). Pub. L. 99–576, §701(71)(B)(iii), substituted such person for he or she.
Subsec. (c). Pub. L. 99–576, §701(71)(C), substituted any persons for his, to such person for to any person, and such person for he.
1980—Subsec. (a). Pub. L. 96–385 designated existing provisions as par. (1) and added par. (2).
1978—Subsec. (b)(1). Pub. L. 95–588 inserted of this subsection and in section 521(i) of this title after (2) and (3).
1970—Subsec. (b)(1), (3). Pub. L. 91–376 inserted reference to par. (3) in par. (1) and added par. (3).
1964—Subsec. (a). Pub. L. 88–664 inserted or concurrently to any person based on the service of any other person after own service.
1960—Subsec. (b)(2). Pub. 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.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.
Effective Date of 1960 Amendment
Pub. 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].
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