38 USC 1562 - Special provisions relating to pension

U.S Code last checked for updates: Nov 22, 2024

§ 1562.

Special provisions relating to pension

(a)

(1)

The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of section 1134a of title 10, a special pension at the rate of $1,406.73, as adjusted from time to time under subsection (e),1

 See Special Benefit Allowance Rates note below.

beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section.

(2)

(A)

Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under section 1134a(d) of title 10.

(B)

No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—

(i)

for one year or more prior to the veteran’s death; or

(ii)

for any period of time if a child was born of the marriage, or was born to them before the marriage.

(C)

No special pension shall be paid to a surviving spouse of a person under this section if such surviving spouse is receiving benefits under section 1311 or 1318 of this title.

(b)

The receipt of special pension shall not deprive any person of any other pension or other benefit, right, or privilege to which such person is or may hereafter be entitled under any existing or subsequent law. Special pension shall be paid in addition to all other payments under laws of the United States.

(c)

Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever.

(d)

If any person has been awarded more than one medal of honor, or married to more than one person who has been awarded a medal of honor, such person shall not receive more than one special pension.

(e)

Effective as of December 1 each year, the Secretary shall increase the amount of monthly special pension payable under subsection (a) as of November 30 of such year by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1 of such year as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)).

(f)

(1)

The Secretary shall pay, in a lump sum, to each person who is in receipt of special pension payable under paragraph (1) of subsection (a), or under paragraph (2) of such subsection in the case of a posthumous entry on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, an amount equal to the total amount of special pension that the person would have received during the period beginning on the first day of the first month beginning after the date of the act for which the person was awarded the Medal of Honor and ending on the last day of the month preceding the month in which the person’s special pension in fact commenced.

(2)

For each month of a period referred to in paragraph (1), the amount of special pension payable to a person shall be determined using the rate of special pension that was in effect for such month, and shall be payable only if the person would have been entitled to payment of special pension for such month under laws for eligibility for special pension (with the exception of the eligibility law requiring a person to have been awarded a Medal of Honor) in effect at the beginning of such month.

(g)

(1)

A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.

(2)

Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1140, § 562; Pub. L. 87–138, § 3, Aug. 14, 1961, 75 Stat. 339; Pub. L. 88–77, § 5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94–169, title I, § 106(44), (45), Dec. 23, 1975, 89 Stat. 1019; Pub. L. 95–479, title III, § 302, Oct. 18, 1978, 92 Stat. 1565; renumbered § 1562 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–161, § 1(a), Nov. 30, 1993, 107 Stat. 1967; Pub. L. 105–368, title III, § 301(a), Nov. 11, 1998, 112 Stat. 3332; Pub. L. 107–330, title III, § 304(a)–(c), Dec. 6, 2002, 116 Stat. 2826; Pub. L. 113–66, div. A, title V, § 563(b), Dec. 26, 2013, 127 Stat. 767; Pub. L. 116–315, title II, § 2003(a)–(b)(2)(A), Jan. 5, 2021, 134 Stat. 4969, 4970; Pub. L. 117–328, div. U, title IV, § 407(b)(1), Dec. 29, 2022, 136 Stat. 5495.)

cite as: 38 USC 1562