38 USC 1317 - Restriction on payments under this chapter

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

§ 1317.

Restriction on payments under this chapter

(a)

Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under (1) provisions of law administered by the Secretary providing for the payment of death compensation or death pension, or (2) subchapter I of chapter 81 of title 5.

(b)

A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of such compensation.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 417; Pub. L. 91–291, § 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92–197, § 5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 97–295, § 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered § 1317 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 103–446, title I, § 111(a), Nov. 2, 1994, 108 Stat. 4654.)

cite as: 38 USC 1317