38-U.S.C.-1312
§1312 – Benefits In Certain Cases of In-Service Or Service-Connected Deaths
Pathway
Title 38 > Part II > Chapter 13 > Subchapter II > Section 1312
Details
- Reference: Section 1312
- Legend: §1312 – Benefits In Certain Cases of In-Service Or Service-Connected Deaths
- USCode Year: 2013
Provision Content
(a) In the case of any veteran—
(1) who dies after December 31, 1956, and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act (42 U.S.C. 414)) at the time of such veterans death; and
(2) whose death occurs—
(A) while on active duty, active duty for training, or inactive duty training; or
(B) as the result of a service-connected disability incurred after September 15, 1940; and
(3) who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act (42 U.S.C. 402) on the basis of such veterans wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had been fully and currently insured at the time of such veterans death;
the Secretary shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran had been both fully and currently insured at the time of such veterans death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary.
(b) In any case where the amount of dependency and indemnity compensation payable under this chapter to a surviving spouse who has children is less than the amount of pension which would be payable to (1) such surviving spouse, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had the death occurred under circumstances authorizing payment of death pension, the Secretary shall pay dependency and indemnity compensation to such surviving spouse in an amount equal to such amount of pension.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, §412; Pub. L. 87–268, §1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89–466, June 22, 1966, 80 Stat. 217; Pub. L. 94–433, title IV, §405(9), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–223, title II, §213(2), Mar. 2, 1984, 98 Stat. 46; Pub. L. 102–54, §14(b)(3), June 13, 1991, 105 Stat. 283; renumbered §1312 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 214 and 202 of the Social Security Act are classified to sections 414 and 402 of Title 42, respectively. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
1991—Pub. L. 102–83, §5(a), renumbered section 412 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places in concluding provisions.
Pub. L. 102–54 substituted 401 for 201 in concluding provisions.
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
1984—Subsec. (a). Pub. L. 98–223, §213(2), substituted section 214 of the Social Security Act (42 U.S.C. 414) for section 414 of title 42 in par. (1), section 202 of the Social Security Act (42 U.S.C. 402) for section 402 of title 42 in par. (3), and title II of the Social Security Act (42 U.S.C. 201 et seq.) for subchapter II of chapter 7 of title 42 in provision following par. (3).
1976—Subsec. (a). Pub. L. 94–433 substituted such veterans for his in cls. (1) and (3) and in text following cl. (3) and such veteran for he in cl. (3).
Subsec. (b). Pub. L. 94–433 substituted surviving spouse for widow wherever appearing.
1966—Pub. L. 89–466 inserted to a widow who has children, to (1) such widow, or (2) such children if the widow were not entitled, and such widow.
1961—Pub. L. 87–268 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
Effective Date of 1961 Amendment
Pub. L. 87–268, §3, Sept. 21, 1961, 75 Stat. 566, provided that: The amendments made by this Act [amending this section and sections 107, 411 [now 1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this title and enacting provisions set out as notes under this section] shall take effect as of the first day of the first calendar month which begins after the date of its enactment [Sept. 21, 1961].
Filing of Application for Benefits
Pub. L. 87–268, §2, Sept. 21, 1961, 75 Stat. 566, provided that the increased pension benefits authorized by Pub. L. 87–268 were to be payable from the effective date of Pub. L. 87–268 to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans’ Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-1302 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-1302, 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.-1161 in the Legal Encyclopedia: Compensation
In this entry about 38-U.S.C.-1161, find legal reference material, bibliographies and premiere content related to compensation in the American Encyclopedia of Law, presenting a comprehensive view of the United States compensation-specific issues, written by authorities in the field.
38-U.S.C.-1151 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-1151, 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.
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