38-U.S.C.-1505
§1505 – Payment of Pension During Confinement In Penal Institutions
Pathway
Title 38 > Part II > Chapter 15 > Subchapter I > Section 1505
Details
- Reference: Section 1505
- Legend: §1505 – Payment of Pension During Confinement In Penal Institutions
- USCode Year: 2013
Provision Content
(a) No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individuals imprisonment begins and ending when such individuals imprisonment ends.
(b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veterans spouse or children the pension which such veteran would receive for that period but for this section.
(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, §505; Pub. L. 94–169, title I, §106(9)–(11), Dec. 23, 1975, 89 Stat. 1017; renumbered §1505 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 109–461, title X, §1002(a), Dec. 22, 2006, 120 Stat. 3464.)
Prior Provisions
Prior section 1505 was renumbered section 3105 of this title.
Another prior section 1505, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 94–502, title I, §104(5), Oct. 15, 1976, 90 Stat. 2384, related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1505 continue in effect until Mar. 31, 1981. See section 3110 of this title.
Amendments
2006—Subsec. (a). Pub. L. 109–461 substituted local, or other penal institution or correctional facility for or local penal institution.
1991—Pub. L. 102–83, §5(a), renumbered section 505 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
Subsecs. (b), (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
1975—Subsec. (a). Pub. L. 94–169, §106(9), substituted such individuals for his wherever appearing.
Subsec. (b). Pub. L. 94–169, §106(10), substituted such veterans spouse for his wife.
Subsec. (c). Pub. L. 94–169, §106(11), substituted surviving spouse for widow wherever appearing.
Effective Date of 1975 Amendment
Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
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.
Subpart E – Registration of and Information Concerning Pension, Etc., Plans in the Legal Encyclopedia: Pension
In this entry about Subpart E – Registration of and Information Concerning Pension, Etc., Plans, find legal reference material, bibliographies and premiere content related to pension in the American Encyclopedia of Law, presenting a comprehensive view of the United States pension-specific issues, written by authorities in the field.
38-U.S.C.-1315 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-1315, 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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