-CITE- 38 USC CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS -HEAD- CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS -MISC1- SUBCHAPTER I - GENERAL Sec. 1301. Definitions. 1302. Determination of pay grade. 1303. Cost-of-living adjustments. 1304. Special provisions relating to surviving spouses. SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION 1310. Deaths entitling survivors to dependency and indemnity compensation. 1311. Dependency and indemnity compensation to a surviving spouse. 1312. Benefits in certain cases of in-service or service-connected deaths. 1313. Dependency and indemnity compensation to children. 1314. Supplemental dependency and indemnity compensation to children. 1315. Dependency and indemnity compensation to parents. 1316. Dependency and indemnity compensation in cases of prior deaths. 1317. Restriction on payments under this chapter. 1318. Benefits for survivors of certain veterans rated totally disabled at time of death. SUBCHAPTER III - CERTIFICATIONS 1321. Certifications with respect to pay grade. 1322. Certifications with respect to social security entitlement. 1323. Certifications with respect to circumstances of death. AMENDMENTS 1997 - Pub. L. 105-33, title VIII, Sec. 8031(b)(2), Aug. 5, 1997, 111 Stat. 669, added item 1303. 1991 - Pub. L. 102-83, Secs. 4(b)(3)(B), 5(b)(1), Aug. 6, 1991, 105 Stat. 405, 406, renumbered items 401 to 423 as 1301 to 1323, respectively, and in item 1323 substituted "with respect to circumstances of death" for "by Administrator". 1988 - Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(2), Nov. 18, 1988, 102 Stat. 4130, added item 418. 1982 - Pub. L. 97-306, title I, Sec. 113(b)(2), Oct. 14, 1982, 96 Stat. 1432, struck out item 403 "Coverage of members of Reserve Officers' Training Corps". 1976 - Pub. L. 94-433, Sec. 405(6), (8), Sept. 30, 1976, 90 Stat. 1379, substituted "surviving spouses" for "widows" in item 404 and "surviving spouse" for "widow" in item 411. 1969 - Pub. L. 91-96, Sec. 6, Oct. 27, 1969, 83 Stat. 145, substituted "Determination of pay grade" for "Computation of basic pay" in item 402 and "Certifications with respect to pay grade" for "Certifications with respect to basic pay" in item 421. UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS; EFFECTIVE DATE Provisions of section 552(a) of Title 37, Pay and Allowances of the Uniformed Services, for full effectiveness for all purposes of promotion of a member while in a missing status notwithstanding a determination of death before the making of the promotion effective as of Nov. 24, 1971, for the purposes of this chapter, see section 2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as an Effective Date of 1973 Amendment note under section 552 of Title 37. -End- -CITE- 38 USC SUBCHAPTER I - GENERAL 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER I - GENERAL -HEAD- SUBCHAPTER I - GENERAL -End- -CITE- 38 USC Sec. 1301 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER I - GENERAL -HEAD- Sec. 1301. Definitions -STATUTE- As used in this chapter - The term "veteran" includes a person who died in the active military, naval, or air service. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 401; Pub. L. 91- 24, Sec. 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, Sec. 5, Oct. 27, 1969, 83 Stat. 145; renumbered Sec. 1301, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) -MISC1- AMENDMENTS 1991 - Pub. L. 102-83 renumbered section 401 of this title as this section. 1969 - Pub. L. 91-96 struck out par. (1) which defined "basic pay". Par. (1). Pub. L. 91-24 substituted "sections 201, 202, 203, 204, 205, or 207 of title 37" for "sections 232(a), 232(e), or 308 of Title 37". EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91- 96, set out as a note under section 1302 of this title. COST-OF-LIVING INCREASES IN COMPENSATION RATES For limitation on increases in dependency and indemnity compensation payable under this chapter, see section 8005 of Pub. L. 101-508, set out as a note under section 1101 of this title. -End- -CITE- 38 USC Sec. 1302 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER I - GENERAL -HEAD- Sec. 1302. Determination of pay grade -STATUTE- (a) With respect to a veteran who died in the active military, naval, or air service, such veteran's pay grade shall be determined as of the date of such veteran's death or as of the date of a promotion after death while in a missing status. (b) With respect to a veteran who did not die in the active military, naval, or air service, such veteran's pay grade shall be determined as of - (1) the time of such veteran's last discharge or release from active duty under conditions other than dishonorable; or (2) the time of such veteran's discharge or release from any period of active duty for training or inactive duty training, if such veteran's death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty. (c) The pay grade of any veteran described in section 106(b) of this title shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty. (d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran's surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held. (e) The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of such person's death under laws administered by the Secretary, shall be determined by the head of the department under which such person performed the services by which such person obtained such status (taking into consideration such person's duties and responsibilities) and certified to the Secretary. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 402; Pub. L. 86- 492, June 8, 1960, 74 Stat. 161; Pub. L. 89-622, Sec. 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 91-96, Sec. 1, Oct. 27, 1969, 83 Stat. 144; Pub. L. 92-169, Sec. 2, Nov. 24, 1971, 85 Stat. 489; Pub. L. 94-433, title IV, Sec. 405(1)-(3), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 102-54, Sec. 14(b)(2), June 13, 1991, 105 Stat. 283; renumbered Sec. 1302 and amended Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.) -MISC1- AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 402 of this title as this section. Subsec. (d). Pub. L. 102-54 substituted "department" for "Department". Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator" before period at end of first sentence. Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration". 1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(1), substituted "such veteran's" for "his" in two places. Subsec. (b). Pub. L. 94-433, Sec. 405(1), substituted "such veteran's" for "his" in introductory clause and items (1) and (2) and "such veteran" for "he" in item (2). Subsec. (c). Pub. L. 94-433, Sec. 405(2), substituted "such veteran" for "he". Subsec. (d). Pub. L. 94-433, Sec. 405(2), substituted "such veteran's surviving spouse" for "his widow". Subsec. (e). Pub. L. 94-433, Sec. 405(3), substituted "such person's" for "his" in two places and "such person" for "he". 1971 - Subsec. (a). Pub. L. 92-169 provided, with regard to determination of veteran's pay grade at date of his death, that in the case of a promotion after death while the veteran is in a missing status, the pay grade determination date is the date of such promotion. 1969 - Pub. L. 91-96 substituted "Determination of pay grade" for "Computation of basic pay" in section catchline. Subsec. (a). Pub. L. 91-96 substituted provisions determining the pay grade of a veteran who died in the active service for provisions determining the basic pay of a veteran who died in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service. Subsec. (b). Pub. L. 91-96 substituted provisions determining the pay grade of a veteran who did not die in the active service for provisions determining the basic pay of a veteran who did not die in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service. Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as (c) and substituted "pay grade" for "basic pay" and "assigned" for "entitled". Former subsec. (c)(2) redesignated (e). Subsec. (d). Pub. L. 91-96 substituted provisions determining the applicability of a higher pay grade of a veteran who had served six months or more in a pay grade higher than that specified in subsec. (a) or (b) for provisions determining the basic pay of a veteran who had served six months or more in a rank higher than that specified in the former provisions of subsec. (a) or (b). Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as (e), substituted "pay grade" for "basic pay", and struck out "and years of service" after "responsibilities". 1966 - Subsec. (d). Pub. L. 89-622 substituted "any subsequent discharge or release from active duty was under conditions other than dishonorable" for "was so serving in such rank within one hundred and twenty days before death in the active military, naval, or air service or before last discharge or release from active duty under conditions other than dishonorable". 1960 - Subsec. (d). Pub. L. 86-492 added subsec. (d). 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 1971 AMENDMENT Section 3 of Pub. L. 92-169 provided that: "For the purposes of chapter 13 of title 38, United States Code, this Act [amending this section and section 552 of Title 37, Pay and Allowances of the Uniformed Services] becomes effective upon the date of enactment [Nov. 24, 1971]. For all other purposes this Act becomes effective as of February 28, 1961." EFFECTIVE DATE OF 1969 AMENDMENT Section 8 of Pub. L. 91-96 provided that: "This Act [amending this section and sections 322 [now 1122], 401 [now 1301], 403, 411 [now 1311], and 421 [now 1321] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [Oct. 27, 1969]." EFFECTIVE DATE OF 1966 AMENDMENT Section 2 of Pub. L. 89-622 provided that: "The amendment made by this Act [amending this section] shall take effect on the first day of the second calendar month after the date of enactment of this Act [Oct. 4, 1966]." -End- -CITE- 38 USC Sec. 1303 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER I - GENERAL -HEAD- Sec. 1303. Cost-of-living adjustments -STATUTE- (a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2013 in the rates of dependency and indemnity compensation payable under this chapter, such adjustments (except as provided in subsection (b)) shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates (other than increased rates equal to a whole dollar amount) rounded down to the next lower whole dollar amount. (b) For purposes of this section, the term "social security increase" means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). -SOURCE- (Added Pub. L. 105-33, title VIII, Sec. 8031(b)(1), Aug. 5, 1997, 111 Stat. 668; amended Pub. L. 107-103, title II, Sec. 205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108-183, title VII, Sec. 706, Dec. 16, 2003, 117 Stat. 2672.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (Sec. 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC1- AMENDMENTS 2003 - Subsec. (a). Pub. L. 108-183 substituted "2013" for "2011". 2001 - Subsec. (a). Pub. L. 107-103 substituted "2011" for "2002". -End- -CITE- 38 USC Sec. 1304 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER I - GENERAL -HEAD- Sec. 1304. Special provisions relating to surviving spouses -STATUTE- No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran - (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or (2) for one year or more; or (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 404; Pub. L. 90- 77, title I, Sec. 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94- 433, title IV, Sec. 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec. 1304, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) -MISC1- AMENDMENTS 1991 - Pub. L. 102-83 renumbered section 404 of this title as this section. 1976 - Pub. L. 94-433, Sec. 405(4), (5), substituted "surviving spouse", "such surviving spouse", and "such veteran" for "widow", "she", and "him", respectively, in introductory clause and "surviving spouses" for "widows" in section catchline. 1967 - Pub. L. 90-77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 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 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. -End- -CITE- 38 USC SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -End- -CITE- 38 USC Sec. 1310 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- Sec. 1310. Deaths entitling survivors to dependency and indemnity compensation -STATUTE- (a) When any veteran dies after December 31, 1956, from a service- connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran's surviving spouse, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title. (b) Dependency and indemnity compensation shall not be paid to the surviving spouse, children, or parents of any veteran dying after December 31, 1956, unless such veteran (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, or air service in which the disability causing such veteran's death was incurred or aggravated, or (2) died while in the active military, naval, or air service. (c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 410; Pub. L. 94- 433, title IV, Sec. 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 95-479, title II, Sec. 204, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97-306, title I, Sec. 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 100-687, div. B, title XIV, Sec. 1403(b), Nov. 18, 1988, 102 Stat. 4131; renumbered Sec. 1310 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 108- 454, title III, Sec. 302(b), Dec. 10, 2004, 118 Stat. 3610.) -REFTEXT- REFERENCES IN TEXT The Radiation Exposure Compensation Act, referred to in subsec. (c), is Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended, which is set out as a note under section 2210 of Title 42, The Public Health and Welfare. -MISC1- AMENDMENTS 2004 - Subsec. (c). Pub. L. 108-454 added subsec. (c). 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 410 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". 1988 - Subsecs. (b), (c). Pub. L. 100-687 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran's own willful misconduct, if the veteran was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran's surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran's death, and to such veteran's children, in the same manner as if the veteran's death were service connected. "(2) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of this subsection shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. "(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title." 1982 - Subsec. (b)(1). Pub. L. 97-306 inserted "or entitled to receive" after "was in receipt of". 1978 - Subsecs. (b), (c). Pub. L. 95-479 added subsec. (b) and redesignated former subsec. (b) as (c). 1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's surviving spouse" for "his widow". Subsec. (b). Pub. L. 94-433 substituted "surviving spouse", "such veteran", and "such veteran's" for "widow", "he", and "his", respectively. EFFECTIVE DATE OF 1982 AMENDMENT; RETROSPECTIVE PAYMENTS EFFECTIVE DATE OF 2004 AMENDMENT Subsec. (c) of this section effective with respect to dependency and indemnity compensation payments for months beginning after Mar. 26, 2002, see section 302(c) of Pub. L. 108-454, set out as a note under section 1112 of this title. Section 112(b) of Pub. L. 97-306 provided that: "(1) The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1982. "(2)(A) As soon as practicable after September 30, 1982, the Administrator of Veterans' Affairs shall pay an amount determined under subparagraph (B) to each person who would have been entitled to a payment under chapter 13 of title 38, United States Code, for any part of the period beginning on October 1, 1978, and ending on September 30, 1982, if the amendment made by subsection (a) [amending this section] had taken effect on October 1, 1978. "(B) The amount of any payment to a person under subparagraph (A) is the amount equal to the total of all payments under chapter 13 of title 38, United States Code, that would have been made to that person for the period described in such subparagraph if the amendment made by subsection (a) [amending this section] had taken effect on October 1, 1978." EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 1114 of this title. 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. GAO REPORT RELATING TO BENEFITS FOR SURVIVORS OF VETERANS AND MEMBERS OF ARMED FORCES Pub. L. 102-568, title I, Sec. 104, Oct. 29, 1992, 106 Stat. 4322, provided that: "(a) In General. - The Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report with respect to the most appropriate combination of financial, health-care, educational, and other survivor benefits to meet the needs of survivors of veterans. "(b) Contents of Report. - The report shall include the following: "(1) A review and compilation of data on current and proposed survivor benefits programs that will permit an assessment of the adequacy of such benefits programs, including information on - "(A) in the case of each current and proposed alternative survivor benefits program - "(i) each benefit provided; "(ii) the survivors entitled to the benefit; "(iii) the extent to which survivors are entitled to similar benefits under the program; and "(iv) the costs of providing such benefits under the program; "(B) the extent to which current and anticipated benefits under current survivor benefits programs meet the current and anticipated financial, health-care, educational, and other needs of survivors; and "(C) the differences, if any, in the survivor benefits provided under current and proposed survivor benefits programs to survivors of various categories of veterans and members of the Armed Forces (including survivors of veterans having service-connected disabilities, veterans without such disabilities, members of the Armed Forces who die during service in the Armed Forces, members of the Armed Forces retired under any provision of law other than chapter 61 of title 10, United States Code, and members of the Armed Forces retired under chapter 61 of title 10, United States Code (relating to retirement or separation for physical disability)). "(2) A review and compilation of existing studies on the adequacy of survivor benefits provided under current and proposed survivor benefits programs to meet the financial, health-care, educational, and other needs of survivors. "(3) A comprehensive assessment and evaluation of the adequacy of current and proposed survivor benefits programs, including data and methods for an assessment and evaluation of - "(A) the feasibility and desirability of limiting the period of entitlement of survivors to survivor benefits; "(B) the feasibility and desirability of modifying the provision of monetary benefits to survivors by - "(i) revising the term of payment of any such benefits; "(ii) replacing the periodic payment of such benefits with a lump sum payment; "(iii) providing such benefits through insurance or other premium-based payment mechanisms; or "(iv) carrying out any other revision or modification proposed before the date of the enactment of this Act [Oct. 29, 1992] by the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Health and Human Services, or organizations recognized by the Secretary of Veterans Affairs under section 5902(a)(1) of title 38, United States Code; "(C) the feasibility and desirability of modifying the provision of health-care benefits to survivors; "(D) the feasibility and desirability of modifying the provision of benefits to children survivors; and "(E) the feasibility and desirability of consolidating, expanding, or otherwise modifying any program relating to the provision of survivor benefits. "(4) The recommendations of the Comptroller General (including a proposal for legislation) on the most appropriate combination of survivor benefits to meet the current and anticipated financial, health-care, educational, and other needs of survivors. "(c) Submission of Report. - The Comptroller General shall submit the report not later than April 1, 1994. "(d) Definitions. - In this section: "(1) The term 'survivor', in the case of a veteran or member of the Armed Forces who dies, means the surviving spouse or surviving dependent child of the veteran or member. "(2) The term 'survivor benefit' means any monetary, health- care, educational, or other benefit paid, payable, or otherwise provided to survivors of veterans and survivors of members of the Armed Forces under the following: "(A) Laws administered by the Secretary of Veterans Affairs. "(B) Laws administered by the Secretary of Defense. "(C) The Social Security Act (42 U.S.C. 301 et seq.). "(3) The term 'veteran' has the meaning given such term in section 101(2) of title 38, United States Code." DEPENDENCY AND INDEMNITY COMPENSATION PROGRAM Section 204 of Pub. L. 94-433 directed Administrator of Veterans' Affairs to study dependency and indemnity compensation program authorized by this chapter in order to evaluate benefits provided by program and to determine whether, or to what extent, benefits should be based on military pay grade of person upon whose death entitlement is predicated, and directed Administrator to submit to Congress and President not later than Oct. 1, 1977, a report containing results of study together with Administrator's recommendations for improvement of program. STUDY BY ADMINISTRATOR OF DEPENDENCY AND INDEMNITY COMPENSATION CLAIMS Pub. L. 94-71, Sec. 204, Aug. 5, 1975, 89 Stat. 397, directed Administrator of Veterans' Affairs to make a study of claims for dependency and indemnity compensation relating to veterans who at time of death during period Sept. 1, 1975 to Mar. 1, 1976, were receiving disability compensation based upon a total and permanent disability and required report to be submitted to Speaker of House and President of Senate no later than Oct. 1, 1976. Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183, directed Administrator to make a study of claims for dependency and indemnity compensation relating to veterans who, at time of death within six months of May 31, 1974, were receiving disability compensation, and to report to Speaker of House and President of Senate no more than 30 days after beginning of 94th Congress. -End- -CITE- 38 USC Sec. 1311 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- Sec. 1311. Dependency and indemnity compensation to a surviving spouse -STATUTE- (a)(1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,033. (2) The rate under paragraph (1) shall be increased by $221 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran's disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered. (3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2): Pay grade Monthly rate E-1 $1,033 E-2 $1,033 E-3 $1,033 E-4 $1,033 E-5 $1,033 E-6 $1,033 E-7 $1,069 E-8 $1,128 E-9 $1,177 (!1) W-1 $1,092 W-2 $1,135 W-3 $1,169 W-4 $1,236 O-1 $1,092 O-2 $1,128 O-3 $1,207 O-4 $1,277 O-5 $1,406 O-6 $1,585 O-7 $1,712 O-8 $1,879 O-9 $2,010 O-10 $2,204 (!2) (!1) If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,271. (!2) If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,365. (b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $257 for each such child. (c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $257 if the spouse is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. (d) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $122 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsection, the requirement of "permanently housebound" will be considered to have been met when the surviving spouse is substantially confined to such surviving spouse's home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such surviving spouse's lifetime. (e) (!1) In the case of an individual who is eligible for dependency and indemnity compensation under this section by reason of section 103(d)(2)(B) of this title who is also eligible for benefits under another provision of law by reason of such individual's status as the surviving spouse of a veteran, then, notwithstanding any other provision of law (other than section 5304(b)(3) of this title), no reduction in benefits under such other provision of law shall be made by reason of such individual's eligibility for benefits under this section. (e) (!1) (1) Subject to paragraphs (2) and (3), if there is a surviving spouse with one or more children below the age of 18, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $250, regardless of the number of such children. (2) Dependency and indemnity compensation shall be increased under this subsection only for months occurring during the two-year period beginning on the date on which entitlement to dependency and indemnity compensation commenced. (3) The increase in dependency and indemnity compensation of a surviving spouse under this subsection shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18. (4) Dependency and indemnity compensation under this subsection is in addition to any other dependency and indemnity compensation payable under this chapter. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 411; Pub. L. 87- 268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, Sec. 1, May 15, 1963, 77 Stat. 17; Pub. L. 88-134, Sec. 1, Oct. 5, 1963, 77 Stat. 223; Pub. L. 91-24, Sec. 4(b), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, Sec. 3, Oct. 27, 1969, 83 Stat. 144; Pub. L. 91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 1, Dec. 15, 1971, 85 Stat. 660; Pub. L. 92-455, Sec. 4, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93-295, title II, Sec. 201, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, Sec. 201, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1375; Pub. L. 95-117, title II, Sec. 201, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479, title II, Sec. 201, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title II, Sec. 201, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-385, title II, Sec. 201, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title II, Sec. 201, Oct. 17, 1981, 95 Stat. 1028; Pub. L. 97-253, title IV, Sec. 405(e), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Secs. 104, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, Sec. 104, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, Sec. 104, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, Sec. 104, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, Sec. 104, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-180, div. A, title XIII, Sec. 1314(d)[(1)], Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-227, title I, Sec. 104, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI, Sec. 1104, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101- 237, title I, Sec. 104, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102- 3, Sec. 5, Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1311 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 5, Nov. 12, 1991, 105 Stat. 986; Pub. L. 102-568, title I, Sec. 102(a), (b), Oct. 29, 1992, 106 Stat. 4321, 4322; Pub. L. 103-78, Sec. 4, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103-140, Sec. 5, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105-98, Sec. 5, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 105-178, title VIII, Sec. 8207(a), June 9, 1998, 112 Stat. 495; Pub. L. 106-117, title V, Sec. 502(b), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 106-118, Sec. 5, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 5, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec. 309(d), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108-183, title I, Sec. 101(b), Dec. 16, 2003, 117 Stat. 2652; Pub. L. 108-454, title III, Secs. 301(a), 307(d), Dec. 10, 2004, 118 Stat. 3610, 3613; Pub. L. 109-111, Sec. 2(d), Nov. 22, 2005, 119 Stat. 2363.) -MISC1- AMENDMENTS 2005 - Subsec. (a)(1). Pub. L. 109-111, Sec. 2(d)(1)(A), substituted "$1,033" for "$967". Subsec. (a)(2). Pub. L. 109-111, Sec. 2(d)(1)(B), substituted "$221" for "$208". Subsec. (a)(3). Pub. L. 109-111, Sec. 2(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted "$1,271" for "$1,189", and, in footnote 2, substituted "$2,365" for "$2,213". Subsec. (b). Pub. L. 109-111, Sec. 2(d)(3)(A), substituted "$257" for "$241". Subsec. (c). Pub. L. 109-111, Sec. 2(d)(3)(B), substituted "$257" for "$241". Subsec. (d). Pub. L. 109-111, Sec. 2(d)(3)(C), substituted "$122" for "$115". 2004 - Subsec. (a)(1). Pub. L. 108-454, Sec. 307(d)(1)(A), substituted "$967" for "$948". Subsec. (a)(2). Pub. L. 108-454, Sec. 307(d)(1)(B), substituted "$208" for "$204". Subsec. (a)(3). Pub. L. 108-454, Sec. 307(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted "$1,189" for "$1,165", and, in footnote 2, substituted "$2,213" for "$2,168". Subsec. (b). Pub. L. 108-454, Sec. 307(d)(3), substituted "$241" for "$237". Subsec. (c). Pub. L. 108-454, Sec. 307(d)(4), substituted "$241" for "$237". Subsec. (d). Pub. L. 108-454, Sec. 307(d)(5), substituted "$115" for "$113". Subsec. (e). Pub. L. 108-454, Sec. 301(a), added subsec. (e) relating to increased dependency and indemnity compensation. 2003 - Subsec. (e). Pub. L. 108-183 added subsec. (e). 2002 - Subsec. (a)(1). Pub. L. 107-330, Sec. 309(d)(1)(A), substituted "$948" for "$935". Subsec. (a)(2). Pub. L. 107-330, Sec. 309(d)(1)(B), substituted "$204" for "$202". Subsec. (a)(3). Pub. L. 107-330, Sec. 309(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted "sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard" for "Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard" and "$1,165" for "$1,149", and, in footnote 2, substituted "$2,168" for "$2,139". Subsec. (b). Pub. L. 107-330, Sec. 309(d)(3), substituted "$237" for "$234". Subsec. (c). Pub. L. 107-330, Sec. 309(d)(4), substituted "$237" for "$234". Subsec. (d). Pub. L. 107-330, Sec. 309(d)(5), substituted "$113" for "$112". 2001 - Subsec. (a)(1). Pub. L. 107-94, Sec. 5(a)(1), substituted "$935" for "$881". Subsec. (a)(2). Pub. L. 107-94, Sec. 5(a)(2), substituted "$202" for "$191". Subsec. (a)(3). Pub. L. 107-94, Sec. 5(b), generally upgraded monthly rates for all pay grades, in footnote 1, substituted "Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer" for "sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer" and "$1,149" for "$1,082", and, in footnote 2, substituted "$2,139" for "$2,013". Subsec. (b). Pub. L. 107-94, Sec. 5(c), substituted "$234" for "$222". Subsec. (c). Pub. L. 107-94, Sec. 5(d), substituted "$234" for "$222". Subsec. (d). Pub. L. 107-94, Sec. 5(e), substituted "$112" for "$107". 1999 - Subsec. (a)(1). Pub. L. 106-118, Sec. 5(a)(1), substituted "$881" for "$850". Subsec. (a)(2). Pub. L. 106-118, Sec. 5(a)(2), substituted "$191" for "$185". Subsec. (a)(3). Pub. L. 106-118, Sec. 5(b), generally upgraded monthly rates for all pay grades, substituted "section 1302 of this title" for "section 402 of this title" and "$1,082" for "$1,044" in footnote 1, and substituted "section 1302 of this title" for "section 402 of this title" and "$2,013" for "$1,941" in footnote 2. Subsecs. (b), (c). Pub. L. 106-118, Sec. 5(c), (d), substituted "$222" for "$215". Subsec. (d). Pub. L. 106-118, Sec. 5(e), substituted "$107" for "$104". Pub. L. 106-117 struck out subsec. (e) which provided that the termination by death, divorce, or annulment of the remarriage of the surviving spouse of a veteran or cessation of a surviving spouse living with another person would not bar the furnishing of dependency or indemnity compensation in the absence of fraud. 1998 - Subsec. (e). Pub. L. 105-178 added subsec. (e). 1997 - Subsec. (a)(1). Pub. L. 105-98, Sec. 5(a)(1), substituted "$850" for "$769". Subsec. (a)(2). Pub. L. 105-98, Sec. 5(a)(2), substituted "$185" for "$169". Subsec. (a)(3). Pub. L. 105-98, Sec. 5(b), inserted table entries for pay grades E-1 to E-6, generally upgraded monthly rates in table for pay grades E-7 to E-9, W-1 to W-4, and O-1 to O-10, substituted "section 402 of this title" for "section 1302 of this title" and "$1,044" for "$943" in footnote 1, and substituted "section 402 of this title" for "section 1302 of this title" and "$1,941" for "$1,753" in footnote 2. Subsec. (b). Pub. L. 105-98, Sec. 5(c), substituted "$215 for each such child." for "$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter." Subsec. (c). Pub. L. 105-98, Sec. 5(d), substituted "$215" for "$195". Subsec. (d). Pub. L. 105-98, Sec. 5(e), substituted "$104" for "$95". 1993 - Subsec. (a)(1). Pub. L. 103-140, Sec. 5(1), substituted "$769" for "$750". Subsec. (a)(2). Pub. L. 103-140, Sec. 5(2), substituted "$169" for "$165". Subsec. (a)(3). Pub. L. 103-140, Sec. 5(3), generally upgraded monthly rates in table for pay grades E-7 to E-9, W-1 to W-4, and O- 1 to O-10, struck out table entries for pay grades E-1 to E-6, and substituted "$943" for "$934" in footnote 1 and "section 1302" for "section 402" and "$1,753" for "$1,744" in footnote 2. Pub. L. 103-78, Sec. 4(1), generally upgraded monthly rates for all pay grades in table. Subsec. (c). Pub. L. 103-140, Sec. 5(4), substituted "$195" for "$191". Pub. L. 103-78, Sec. 4(2), substituted "$191" for "$185". Subsec. (d). Pub. L. 103-140, Sec. 5(5), substituted "$95" for "$93". Pub. L. 103-78, Sec. 4(3), substituted "$93" for "$90". 1992 - Subsec. (a). Pub. L. 102-568, Sec. 102(a), added pars. (1) to (3) before table and struck out former provision before table which read as follows: "Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table:". Subsec. (b). Pub. L. 102-568, Sec. 102(b), substituted "$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter" for "$71 for each such child". 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 411 of this title as this section. Subsec. (a). Pub. L. 102-152, Sec. 5(1), generally upgraded monthly rates for all pay grades. Pub. L. 102-83, Sec. 5(c)(1), substituted "1302" for "402" in footnotes 1 and 2. Pub. L. 102-3, Sec. 5(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 102-152, Sec. 5(2), substituted "$71" for "$68". Pub. L. 102-3, Sec. 5(2), substituted "$68" for "$65". Subsec. (c). Pub. L. 102-152, Sec. 5(3), substituted "$185" for "$178". Pub. L. 102-3, Sec. 5(3), substituted "$178" for "$169". Subsec. (d). Pub. L. 102-152, Sec. 5(4), substituted "$90" for "$87". Pub. L. 102-3, Sec. 5(4), substituted "$87" for "$83". 1989 - Subsec. (a). Pub. L. 101-237, Sec. 104(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 101-237, Sec. 104(2), substituted "$65" for "$62". Subsec. (c). Pub. L. 101-237, Sec. 104(3), substituted "$169" for "$161". Subsec. (d). Pub. L. 101-237, Sec. 104(4), substituted "$83" for "$79". 1988 - Subsec. (a). Pub. L. 100-687, Sec. 1104(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 100-687, Sec. 1104(2), substituted "$62" for "$60". Subsec. (c). Pub. L. 100-687, Sec. 1104(3), substituted "$161" for "$155". Subsec. (d). Pub. L. 100-687, Sec. 1104(4), substituted "$79" for "$76". 1987 - Subsec. (a). Pub. L. 100-227, Sec. 104(1), generally upgraded monthly rates for all pay grades. Pub. L. 100-180 inserted "or Vice Chairman" in footnote 2 after table. Subsec. (b). Pub. L. 100-227, Sec. 104(2), substituted "$60" for "$58". Subsec. (c). Pub. L. 100-227, Sec. 104(3), substituted "$155" for "$149". Subsec. (d). Pub. L. 100-227, Sec. 104(4), substituted "$76" for "$73". 1986 - Subsec. (a). Pub. L. 99-576, Sec. 104(1), generally upgraded monthly rates for all pay grades. Pub. L. 99-238, Sec. 104(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 99-576, Sec. 104(2), substituted "$58" for "$57". Pub. L. 99-238, Sec. 104(2), substituted "$57" for "$55". Subsec. (c). Pub. L. 99-576, Sec. 104(3), substituted "$149" for "$147". Pub. L. 99-238, Sec. 104(3), substituted "$147" for "$143". Subsec. (d). Pub. L. 99-576, Sec. 104(4), substituted "$73" for "$72". Pub. L. 99-238, Sec. 104(4), substituted "$72" for "$70". 1984 - Subsec. (a). Pub. L. 98-543, Sec. 104(a), generally upgraded monthly rates for all pay grades. Pub. L. 98-223, Sec. 104(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 98-543, Sec. 104(b), substituted "$55" for "$53". Pub. L. 98-223, Sec. 104(b), substituted "$53" for "$51". Subsec. (c). Pub. L. 98-543, Sec. 104(c), substituted "$143" for "$139". Pub. L. 98-223, Sec. 104(c), substituted "$139" for "$134". Subsec. (d). Pub. L. 98-543, Sec. 104(d), substituted "$70" for "$68". Pub. L. 98-223, Sec. 104(d), substituted "$68" for "$66". 1982 - Subsec. (a). Pub. L. 97-306, Secs. 104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by Pub. L. 97-253, Sec. 405(e)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(1), (h), eff. Jan. 1, 1983, lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E-3 through E-7. Subsec. (b). Pub. L. 97-306, Secs. 104(b), 107, 108, substituted "$51" for "$48", and repealed amendment made by Pub. L. 97-253, Sec. 405(e)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(2), (h), eff. Jan. 1, 1983, substituted "$47" for "$48" after "shall be increased by". Subsec. (c). Pub. L. 97-306, Secs. 104(c), 107, 108, substituted "$134" for "$125", and repealed amendment made by Pub. L. 97-253, Sec. 405(e)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(3), (h), eff. Jan. 1, 1983, substituted "$124" for "$125". Subsec. (d). Pub. L. 97-306, Secs. 104(d), 107, 108, substituted "$66" for "$62", and repealed amendment made by Pub. L. 97-253, Sec. 405(e)(4), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(4), (h), eff. Jan. 1, 1983, substituted "$61" for "$62" after "shall be increased by". 1981 - Subsec. (a). Pub. L. 97-66, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 97-66, Sec. 201(b), increased from $43 to $48 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 97-66, Sec. 201(c), increased monthly rate of compensation from $112 to $125. Subsec. (d). Pub. L. 97-66, Sec. 201(d), increased monthly rate of compensation from $56 to $62. 1980 - Subsec. (a). Pub. L. 96-385, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 96-385, Sec. 201(b), increased from $38 to $43 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 96-385, Sec. 201(c), increased monthly rate of compensation from $98 to $112. Subsec. (d). Pub. L. 96-385, Sec. 201(d), increased monthly rate of compensation from $49 to $56. 1979 - Subsec. (a). Pub. L. 96-128, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 96-128, Sec. 201(b), increased from $35 to $38 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 96-128, Sec. 201(c), increased monthly rate of compensation from $89 to $98. Subsec. (d). Pub. L. 96-128, Sec. 201(d), increased monthly rate from $45 to $49. 1978 - Subsec. (a). Pub. L. 95-479, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 95-479, Sec. 201(b), increased from $33 to $35 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 95-479, Sec. 201(c), increased monthly rate of compensation from $83 to $89. Subsec. (d). Pub. L. 95-479, Sec. 201(d), added subsec. (d). 1977 - Subsec. (a). Pub. L. 95-117 generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 95-117 increased from $31 to $33 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 95-117 increased monthly rate of compensation payable to a surviving spouse from $78 to $83. 1976 - Pub. L. 94-433 substituted "surviving spouse" for "widow" in section catchline. Subsec. (a). Pub. L. 94-433 substituted "surviving spouse" for "widow" and "pay grade of the person upon whose death entitlement is predicated" for "pay grade of her deceased husband" in text and "surviving spouse's rate" for "widow's rate" in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 94-433 substituted "surviving spouse" for "widow" in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 94-433 substituted "surviving spouse" and "spouse" for "widow" and "she" and increased monthly rate of compensation payable from $72 to $78. 1975 - Subsec. (a). Pub. L. 94-71 generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 94-71 increased from $26 to $29 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 94-71 increased monthly rate of compensation payable to a widow from $64 to $72. 1974 - Subsec. (a). Pub. L. 93-295 generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 93-295 increased from $22 to $26 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 93-295 increased monthly rate of compensation payable to the widow from $55 to $64. 1972 - Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of table "chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard," for "chief master sergeant of the Air Force, or sergeant major of the Marine Corps,". 1971 - Subsec. (a). Pub. L. 92-197 generally upgraded monthly rate for all pay grades. Subsec. (b). Pub. L. 92-197 increased dependency and indemnity compensation rate by $22 per month for each child from $20. Subsec. (c). Pub. L. 92-197 reenacted subsec. (c) without change. 1970 - Subsec. (c). Pub. L. 91-588 substituted "$55" for "$50". 1969 - Subsec. (a). Pub. L. 91-96 substituted provisions setting forth dependency and indemnity compensation table based on the pay grade of the deceased husband for provisions that dependency and indemnity compensation was to be paid at a monthly rate equal to $120 plus 12 per centum of basic pay of the deceased husband. Subsec. (b). Pub. L. 91-96 substituted provisions which increased dependency and indemnity compensation rate by $20 per month for each child below the age of eighteen of a deceased veteran for provisions which increased dependency and indemnity compensation rate by $28 per month for each child of a deceased veteran in excess of one where there was a widow and two or more children below the age of eighteen and the total of monthly benefits they were receiving was less than a determined amount. Subsec. (c). Pub. L. 91-96 substituted provisions increasing dependency and indemnity compensation rate by $50 per month for widows that are patients in nursing homes, or are helpless or blind for provisions authorizing Administrator to increase to next highest dollar any fraction of a dollar payable under former subsecs. (a) and (b). Subsecs. (d) to (f). Pub. L. 91-96 struck out subsecs. (d) to (f) which provided for determination of amount of additional compensation payable to a widow under former provisions of subsec. (b). Subsec. (d)(3). Pub. L. 91-24 substituted "section 228c-1(h)" for "section 228c-1(i)". 1963 - Subsec. (a). Pub. L. 88-134 increased from $112 to $120 the monthly rate of widow's dependency and indemnity compensation. Subsec. (b). Pub. L. 88-21 substituted "$28" for "$25". 1961 - Subsec. (d)(1). Pub. L. 87-268 substituted "section 412(a)" for "section 412". EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109-111, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-454, title III, Sec. 301(b), Dec. 10, 2004, 118 Stat. 3610, provided that: "Subsection (e) of section 1311 of title 38, United States Code, as added by subsection (a), shall take effect with respect to payments for the first month beginning after the date of the enactment of this Act [Dec. 10, 2004]." EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-183 effective Jan. 1, 2004, see section 101(c) of Pub. L. 108-183, set out as a note under section 103 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7 of Pub. L. 107-94, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1999 AMENDMENTS Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7 of Pub. L. 106-118, set out as a note under section 1114 of this title. Amendment by Pub. L. 106-117 effective on first day of first month beginning after Nov. 1999, see section 502(c) of Pub. L. 106- 117, set out as a note under section 103 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-178, title VIII, Sec. 8207(b), June 9, 1998, 112 Stat. 495, provided that: "No payment may be made by reason of section 1311(e) of title 38, United States Code, as added by subsection (a) [amending this section], for any month before October 1998." EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of Pub. L. 105-98, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section 7 of Pub. L. 103-140, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Section 102(c) of Pub. L. 102-568 provided that: "The amendments made by this section [amending this section] shall take effect on January 1, 1993." EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7 of Pub. L. 102-152, set out as a note under section 1114 of this title. Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of Pub. L. 102-3, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 1114 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 1114 of this title. 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 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 1101 of Pub. L. 94-71, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Section 10 of Pub. L. 92-197 provided that: "This Act [amending this section and sections 321, 322, 341, 413 to 415, 417 and 724 [now 1121, 1122, 1141, 1313 to 1315, 1317, and 1924] of this title and enacting provisions set out as note under section 1317 of this title] shall take effect on January 1, 1972." EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91- 96, set out as a note under section 1302 of this title. EFFECTIVE DATE OF 1963 AMENDMENTS Section 2 of Pub. L. 88-134 provided that: "The amendment made by this Act [amending this section] shall take effect on the effective date of the Uniformed Services Pay Act of 1963 [effective Oct. 1, 1963; see Short Title note set out under section 201 of Title 37, Pay and Allowances of the Uniformed Services] or on January 1, 1964, whichever first occurs." Section 5 of Pub. L. 88-21 provided that: "The amendments made by this Act [amending this section and sections 413 to 415 [now 1313 to 1315] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [May 15, 1963]." EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 1312 of this title. REPEAL Section 405(e) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. SAVINGS PROVISION Section 13(a) of Pub. L. 88-132, Oct. 2, 1963, 77 Stat. 218, provided that: "The enactment of this Act [see Short Title note under section 201 of Title 37, Pay and Allowances of the Uniformed Services] does not reduce the rate of dependency and indemnity compensation under section 411 [now 1311] of title 38, United States Code, that any person was receiving on the day before the effective date of this Act [Oct. 1, 1963] or which thereafter becomes payable for that day by reason of a subsequent determination." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- RETROACTIVE BENEFITS PROHIBITED For provisions relating to prohibition of retroactive benefits by reason of amendments to this section by Pub. L. 108-183, see section 101(d) of Pub. L. 108-183, set out as a note under section 103 of this title. DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION RATE INCREASES For increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title. PAYMENT FOR IMPLEMENTATION OF REVISIONS Section 102(d) of Pub. L. 102-568 provided that: "The costs of implementing, during fiscal years 1993 and 1994, any revisions in the payment of dependency and indemnity compensation to surviving spouses under section 1311 of title 38, United States Code, that result from the amendments made by subsections (a) and (b) [amending this section] shall be paid from amounts available to the Department of Veterans Affairs for the payment of compensation and pension." -FOOTNOTE- (!1) So in original. Two subsecs. (e) have been enacted. -End- -CITE- 38 USC Sec. 1312 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- Sec. 1312. Benefits in certain cases of in-service or service- connected deaths -STATUTE- (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 veteran's 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 veteran's 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 veteran's 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 veteran's 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 412; Pub. L. 87- 268, Sec. 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-466, June 22, 1966, 80 Stat. 217; Pub. L. 94-433, title IV, Sec. 405(9), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec. 213(2), Mar. 2, 1984, 98 Stat. 46; Pub. L. 102-54, Sec. 14(b)(3), June 13, 1991, 105 Stat. 283; renumbered Sec. 1312 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404- 406.) -REFTEXT- 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 (Sec. 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. -MISC1- AMENDMENTS 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 412 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 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, Sec. 4(b)(1), (2)(E), substituted "Secretary" for "Administrator". 1984 - Subsec. (a). Pub. L. 98-223, Sec. 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 veteran's" 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 Section 3 of Pub. L. 87-268 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 Section 2 of Pub. L. 87-268 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. -End- -CITE- 38 USC Sec. 1313 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- Sec. 1313. Dependency and indemnity compensation to children -STATUTE- (a) Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: (1) one child, $438; (2) two children, $629; (3) three children, $819; and (4) more than three children, $819, plus $157 for each child in excess of three. (b) If dependency and indemnity compensation has been awarded under this section to a veteran's child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that period. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 413; Pub. L. 88- 21, Sec. 2, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Sec. 4, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 2, May 21, 1970, 84 Stat. 256; Pub. L. 92-197, Sec. 2, Dec. 15, 1971, 85 Stat. 660; Pub. L. 93-295, title II, Sec. 202, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, Sec. 202, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94-433, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1376; Pub. L. 95-117, title II, Sec. 202, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, Sec. 202, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, Sec. 202, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96- 385, title II, Sec. 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97- 66, title II, Secs. 202, 204(a), Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253, title IV, Sec. 405(f), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Secs. 105, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, Sec. 105, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 105, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 105, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 105, title VII, Sec. 703(a)(1), Oct. 28, 1986, 100 Stat. 3252, 3302; Pub. L. 100-227, title I, Sec. 105, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI, Sec. 1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec. 6(a), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1313, Pub. L. 102- 83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 6(a), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(a), Aug. 13, 1993, 107 Stat. 768; Pub. L. 103-140, Sec. 6(a), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105-98, Sec. 6(a), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106-118, Sec. 6(a), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107-94, Sec. 6(a), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107-330, title III, Sec. 309(e)(1), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108-454, title III, Sec. 307(e)(1), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109-111, Sec. 2(e)(1), Nov. 22, 2005, 119 Stat. 2364.) -COD- CODIFICATION Amendments by section 105 of Pub. L. 99-576, section 105 of Pub. L. 99-238, and section 105 of Pub. L. 98-223, which directed that cls. (1) to (4) of this section be amended, were executed by amending subsec. (a) of this section, as the probable intent of Congress, in view of subsec. (a) containing cls. (1) to (4). -MISC1- AMENDMENTS 2005 - Subsec. (a)(1). Pub. L. 109-111, Sec. 2(e)(1)(A), substituted "$438" for "$410". Subsec. (a)(2). Pub. L. 109-111, Sec. 2(e)(1)(B), substituted "$629" for "$590". Subsec. (a)(3). Pub. L. 109-111, Sec. 2(e)(1)(C), substituted "$819" for "$767". Subsec. (a)(4). Pub. L. 109-111, Sec. 2(e)(1)(D), substituted "$819" and "$157" for "$767" and "$148", respectively. 2004 - Subsec. (a)(1). Pub. L. 108-454, Sec. 307(e)(1)(A), substituted "$410" for "$402". Subsec. (a)(2). Pub. L. 108-454, Sec. 307(e)(1)(B), substituted "$590" for "$578". Subsec. (a)(3). Pub. L. 108-454, Sec. 307(e)(1)(C), substituted "$767" for "$752". Subsec. (a)(4). Pub. L. 108-454, Sec. 307(e)(1)(D), substituted "$767" and "$148" for "$752" and "$145", respectively. 2002 - Subsec. (a)(1). Pub. L. 107-330, Sec. 309(e)(1)(A), substituted "$402" for "$397". Subsec. (a)(2). Pub. L. 107-330, Sec. 309(e)(1)(B), substituted "$578" for "$571". Subsec. (a)(3). Pub. L. 107-330, Sec. 309(e)(1)(C), substituted "$752" for "$742". Subsec. (a)(4). Pub. L. 107-330, Sec. 309(e)(1)(D), substituted "$752" and "$145" for "$742" and "$143", respectively. 2001 - Subsec. (a)(1). Pub. L. 107-94, Sec. 6(a)(1), substituted "$397" for "$373". Subsec. (a)(2). Pub. L. 107-94, Sec. 6(a)(2), substituted "$571" for "$538". Subsec. (a)(3). Pub. L. 107-94, Sec. 6(a)(3), substituted "$742" for "$699". Subsec. (a)(4). Pub. L. 107-94, Sec. 6(a)(4), substituted "$742" and "$143" for "$699" and "$136", respectively. 1999 - Subsec. (a)(1). Pub. L. 106-118, Sec. 6(a)(1), substituted "$373" for "$361". Subsec. (a)(2). Pub. L. 106-118, Sec. 6(a)(2), substituted "$538" for "$520". Subsec. (a)(3). Pub. L. 106-118, Sec. 6(a)(3), substituted "$699" for "$675". Subsec. (a)(4). Pub. L. 106-118, Sec. 6(a)(4), substituted "$699" and "$136" for "$675" and "$132", respectively. 1997 - Subsec. (a)(1). Pub. L. 105-98, Sec. 6(a)(1), substituted "$361" for "$327". Subsec. (a)(2). Pub. L. 105-98, Sec. 6(a)(2), substituted "$520" for "$471". Subsec. (a)(3). Pub. L. 105-98, Sec. 6(a)(3), substituted "$675" for "$610". Subsec. (a)(4). Pub. L. 105-98, Sec. 6(a)(4), substituted "$675" and "$132" for "$610" and "$120", respectively. 1993 - Subsec. (a)(1). Pub. L. 103-140, Sec. 6(a)(1), substituted "$327" for "$319". Pub. L. 103-78, Sec. 5(a)(1), substituted "$319" for "$310". Subsec. (a)(2). Pub. L. 103-140, Sec. 6(a)(2), substituted "$471" for "$460". Pub. L. 103-78, Sec. 5(a)(2), substituted "$460" for "$447". Subsec. (a)(3). Pub. L. 103-140, Sec. 6(a)(3), substituted "$610" for "$595". Pub. L. 103-78, Sec. 5(a)(3), substituted "$595" for "$578". Subsec. (a)(4). Pub. L. 103-140, Sec. 6(a)(4), substituted "$610" for "$595" and "$120" for "$117". Pub. L. 103-78, Sec. 5(a)(4), substituted "$595" for "$578" and "$117" for "$114". 1991 - Pub. L. 102-83 renumbered section 413 of this title as this section. Subsec. (a)(1). Pub. L. 102-152, Sec. 6(a)(1), substituted "$310" for "$299". Pub. L. 102-3, Sec. 6(a)(1), substituted "$299" for "$284". Subsec. (a)(2). Pub. L. 102-152, Sec. 6(a)(2), substituted "$447" for "$431". Pub. L. 102-3, Sec. 6(a)(2), substituted "$431" for "$409". Subsec. (a)(3). Pub. L. 102-152, Sec. 6(a)(3), substituted "$578" for "$557". Pub. L. 102-3, Sec. 6(a)(3), substituted "$557" for "$529". Subsec. (a)(4). Pub. L. 102-152, Sec. 6(a)(4), substituted "$578" for "$557" and "$114" for "$110". Pub. L. 102-3, Sec. 6(a)(4), substituted "$557" for "$529" and "$110" for "$105". 1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 105(a)(1), substituted "$284" for "$271". Subsec. (a)(2). Pub. L. 101-237, Sec. 105(a)(2), substituted "$409" for "$391". Subsec. (a)(3). Pub. L. 101-237, Sec. 105(a)(3), substituted "$529" for "$505". Subsec. (a)(4). Pub. L. 101-237, Sec. 105(a)(4), substituted "$529" and "$105" for "$505" and "$100", respectively. 1988 - Subsec. (a)(1). Pub. L. 100-687, Sec. 1105(a)(1), substituted "$271" for "$261". Subsec. (a)(2). Pub. L. 100-687, Sec. 1105(a)(2), substituted "$391" for "$376". Subsec. (a)(3). Pub. L. 100-687, Sec. 1105(a)(3), substituted "$505" for "$486". Subsec. (a)(4). Pub. L. 100-687, Sec. 1105(a)(4), substituted "$505" and "$100" for "$486" and "$97", respectively. 1987 - Subsec. (a)(1). Pub. L. 100-227, Sec. 105(1), substituted "$261" for "$251". Subsec. (a)(2). Pub. L. 100-227, Sec. 105(2), substituted "$376" for "$361". Subsec. (a)(3). Pub. L. 100-227, Sec. 105(3), substituted "$486" for "$467". Subsec. (a)(4). Pub. L. 100-227, Sec. 105(4), substituted "$486" and "$97" for "$467" and "$94", respectively. 1986 - Subsec. (a). Pub. L. 99-576, Sec. 703(a)(1), amended directory language of Pub. L. 98-543, Sec. 105. See 1984 Amendment notes below. Subsec. (a)(1). Pub. L. 99-576, Sec. 105(1), substituted "$251" for "$247". Pub. L. 99-238, Sec. 105(1), substituted "$247" for "$240". Subsec. (a)(2). Pub. L. 99-576, Sec. 105(2), substituted "$361" for "$356". Pub. L. 99-238, Sec. 105(2), substituted "$356" for "$345". Subsec. (a)(3). Pub. L. 99-576, Sec. 105(3), substituted "$467" for "$460". Pub. L. 99-238, Sec. 105(3), substituted "$460" for "$446". Subsec. (a)(4). Pub. L. 99-576, Sec. 105(4), substituted "$467" and "$94" for "$460" and "$93", respectively. Pub. L. 99-238, Sec. 105(4), substituted "$460" and "$93" for "$446" and "$90", respectively. 1984 - Subsec. (a)(1). Pub. L. 98-543, Sec. 105(1), as amended by Pub. L. 99-576, Sec. 703(a), substituted "$240" for "$233". Pub. L. 98-223, Sec. 105(1), substituted "$233" for "$225". Subsec. (a)(2). Pub. L. 98-543, Sec. 105(2), as amended by Pub. L. 99-576, Sec. 703(a), substituted "$345" for "$334". Pub. L. 98-223, Sec. 105(2), substituted "$334" for "$323". Subsec. (a)(3). Pub. L. 98-543, Sec. 105(3), as amended by Pub. L. 99-576, Sec. 703(a), substituted "$446" for "$432". Pub. L. 98-223, Sec. 105(3), substituted "$432" for "$417". Subsec. (a)(4). Pub. L. 98-543, Sec. 105(4), as amended by Pub. L. 99-576, Sec. 703(a), substituted "$446" and "$90" for "$432" and "$87", respectively. Pub. L. 98-223, Sec. 105(4), substituted "$432" and "$87" for "$417" and "$84", respectively. 1982 - Subsec. (a)(1). Pub. L. 97-306, Secs. 105(1), 107, 108, substituted "$225" for "$210", and repealed amendment made by Pub. L. 97-253, Sec. 405(f)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(1), (h), eff. Jan. 1, 1983, substituted "$209" for "$210". Subsec. (a)(2). Pub. L. 97-306, Secs. 105(2), 107, 108, substituted "$323" for "$301", and repealed amendment made by Pub. L. 97-253, Sec. 405(f)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(2), (h), eff. Jan. 1, 1983, substituted "$300" for "$301". Subsec. (a)(3). Pub. L. 97-306, Secs. 105(3), 107, 108, substituted "$417" for "$389", and repealed amendment made by Pub. L. 97-253, Sec. 405(f)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(3), (h), eff. Jan. 1, 1983, substituted "$388" for "$389". Subsec. (a)(4). Pub. L. 97-306, Secs. 105(4), 107, 108, substituted "$417, plus $84" for "$389, plus $79", and repealed amendments made by Pub. L. 97-253, Sec. 405(f)(4), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(4), (h), eff. Jan. 1, 1983, substituted "$388, plus $78" for "$389, plus $79". 1981 - Pub. L. 97-66, Secs. 202, 204(a), designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted "$210", "$301", "$389", and "$79" for "$189", "$271", "$350", and "$71", respectively, in pars. (1), (2), (3), and (4). Subsec. (b). Pub. L. 97-66, Sec. 204(a), added subsec. (b). 1980 - Pub. L. 96-385 substituted "$189", "$271", "$350", "$350" and "$71" for "$165", "$237", "$306", "$306" and "$62", respectively, in pars. (1), (2), (3), and (4). 1979 - Pub. L. 96-128 substituted "$165", "$237", "$306", "$306" and "$62" for "$150", "$216", "$278", "278" and "$56", in pars. (1), (2), (3), and (4), respectively. 1978 - Pub. L. 95-479 substituted "$150", "$216", "$278", "$278" and "$56" for "$140", "$201", "$259", "$259" and "$52", in pars. (1), (2), (3), and (4), respectively. 1977 - Pub. L. 95-117 substituted "$140", "$201", "$259", "$259", and "$52" for "$131", "$189", "$243", "$243", and "$49", in pars. (1), (2), (3), and (4), respectively. 1976 - Pub. L. 94-433 substituted "surviving spouse" for "widow" in introductory text and $131, $189, $243, $243, and $49 for $121, $175, $225, $225, and $45 in pars. (1), (2), (3), and (4), respectively. 1975 - Pub. L. 94-71 substituted $121, $175, $225, $225 and $45 for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4), respectively. 1974 - Pub. L. 93-295 substituted "$108", "$156", "$201", "$201", and "$40" for "$92", "$133", "$172", "$172", and "$34", in pars. (1), (2), (3), and (4), respectively. 1971 - Pub. L. 92-197 substituted "$92", "$133", "$172", and "$172" and "$34" for "$88", "$127", "$164" and "164" and "$32", in pars. (1), (2), (3), and (4). respectively. 1970 - Pub. L. 91-262 substituted "$88", "$127", "$164", and "$164" and "$32", for "$80", "$115", "$149", and "$149" and "$29", in pars. (1), (2), (3), and (4), respectively. 1966 - Pub. L. 89-730 substituted "$80", "$115", "$149", and "$29", for "$77", "$110", "$143", and "$143" and "$28", in pars. (1), (2), (3), and (4), respectively. 1963 - Pub. L. 88-21 substituted "$77", "$110", "$143" and "28" for "$70", "$100", "$130" and "$25", in pars. (1), (2), (3), and (4), respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109-111, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7 of Pub. L. 107-94, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7 of Pub. L. 106-118, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of Pub. L. 105-98, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section 7 of Pub. L. 103-140, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7 of Pub. L. 102-152, set out as a note under section 1114 of this title. Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of Pub. L. 102-3, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 1114 of this title. Section 703(c) of Pub. L. 99-576 provided that: "The amendments made by this section [amending this section and sections 524 and 525 [now 1524 and 1525] of this title and amending provisions set out as a note under section 1163 of this title] shall take effect as if included in the Veterans' Benefits Improvement Act of 1984 (Public Law 98-543)." Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 1114 of this title. 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 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 1311 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 4 of Pub. L. 91-262 provided that: "The amendments made by sections 2 and 3 of this Act [amending this section and section 414 [now 1314] of this title] shall become effective on the first day of the second calendar month following the month in which this Act is enacted [May 1970]." EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set out as a note under section 1315 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set out as a note under section 1311 of this title. REPEAL Section 405(f) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION RATE INCREASES For increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title. -End- -CITE- 38 USC Sec. 1314 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- Sec. 1314. Supplemental dependency and indemnity compensation to children -STATUTE- (a) In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to such child shall be increased by $257. (b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self- support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $438. (c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse), who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $218. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 414; Pub. L. 88- 21, Sec. 3, May 15, 1963, 77 Stat. 17; Pub. L. 89-311, Sec. 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89-730, Sec. 5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 3, May 21, 1970, 84 Stat. 256; Pub. L. 92-197, Sec. 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93-295, title II, Sec. 203, May 31, 1974, 88 Stat. 183; Pub. L. 94-71, title II, Sec. 203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94-433, title II, Sec. 203, title IV, Sec. 405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95-117, title II, Sec. 203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, Sec. 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, Sec. 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, Sec. 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-66, title II, Sec. 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253, title IV, Sec. 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Secs. 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, Sec. 106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 106, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 106, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 106, Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-227, title I, Sec. 106, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100-687, div. B, title XI, Sec. 1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec. 6(b), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1314, Pub. L. 102- 83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 103-140, Sec. 6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105-98, Sec. 6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106-118, Sec. 6(b), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107-94, Sec. 6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107-330, title III, Sec. 309(e)(2), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108-454, title III, Sec. 307(e)(2), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109-111, Sec. 2(e)(2), Nov. 22, 2005, 119 Stat. 2364.) -MISC1- AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-111, Sec. 2(e)(2)(A), substituted "$257" for "$241". Subsec. (b). Pub. L. 109-111, Sec. 2(e)(2)(B), substituted "$438" for "$410". Subsec. (c). Pub. L. 109-111, Sec. 2(e)(2)(C), substituted "$218" for "$205". 2004 - Subsec. (a). Pub. L. 108-454, Sec. 307(e)(2)(A), substituted "$241" for "$237". Subsec. (b). Pub. L. 108-454, Sec. 307(e)(2)(B), substituted "$410" for "$402". Subsec. (c). Pub. L. 108-454, Sec. 307(e)(2)(C), substituted "$205" for "$201". 2002 - Subsec. (a). Pub. L. 107-330, Sec. 309(e)(2)(A), substituted "$237" for "$234". Subsec. (b). Pub. L. 107-330, Sec. 309(e)(2)(B), substituted "$402" for "$397". Subsec. (c). Pub. L. 107-330, Sec. 309(e)(2)(C), substituted "$201" for "$199". 2001 - Subsec. (a). Pub. L. 107-94, Sec. 6(b)(1), substituted "$234" for "$222". Subsec. (b). Pub. L. 107-94, Sec. 6(b)(2), substituted "$397" for "$373". Subsec. (c). Pub. L. 107-94, Sec. 6(b)(3), substituted "$199" for "$188". 1999 - Subsec. (a). Pub. L. 106-118, Sec. 6(b)(1), substituted "$222" for "$215". Subsec. (b). Pub. L. 106-118, Sec. 6(b)(2), substituted "$373" for "$361". Subsec. (c). Pub. L. 106-118, Sec. 6(b)(3), substituted "$188" for "$182". 1997 - Subsec. (a). Pub. L. 105-98, Sec. 6(b)(1), substituted "$215" for "$195". Subsec. (b). Pub. L. 105-98, Sec. 6(b)(2), substituted "$361" for "$327". Subsec. (c). Pub. L. 105-98, Sec. 6(b)(3), substituted "$182" for "$166". 1993 - Subsec. (a). Pub. L. 103-140, Sec. 6(b)(1), substituted "$195" for "$191". Pub. L. 103-78, Sec. 5(b)(1), substituted "$191" for "$185". Subsec. (b). Pub. L. 103-140, Sec. 6(b)(2), substituted "$327" for "$319". Pub. L. 103-78, Sec. 5(b)(2), substituted "$319" for "$310". Subsec. (c). Pub. L. 103-140, Sec. 6(b)(3), substituted "$166" for "$162". Pub. L. 103-78, Sec. 5(b)(3), substituted "$162" for "$157". 1991 - Pub. L. 102-83 renumbered section 414 of this title as this section. Subsec. (a). Pub. L. 102-152, Sec. 6(b)(1), substituted "$185" for "$178". Pub. L. 102-3, Sec. 6(b)(1), substituted "$178" for "$169". Subsec. (b). Pub. L. 102-152, Sec. 6(b)(2), substituted "$310" for "$299". Pub. L. 102-3, Sec. 6(b)(2), substituted "$299" for "$284". Subsec. (c). Pub. L. 102-152, Sec. 6(b)(3), substituted "$157" for "$151". Pub. L. 102-3, Sec. 6(b)(3), substituted "$151" for "$144". 1989 - Subsec. (a). Pub. L. 101-237, Sec. 105(b)(1), substituted "$169" for "$161". Subsec. (b). Pub. L. 101-237, Sec. 105(b)(2), substituted "$284" for "$271". Subsec. (c). Pub. L. 101-237, Sec. 105(b)(3), substituted "$144" for "$138". 1988 - Subsec. (a). Pub. L. 100-687, Sec. 1105(b)(1), substituted "$161" for "$155". Subsec. (b). Pub. L. 100-687, Sec. 1105(b)(2), substituted "$271" for "$261". Subsec. (c). Pub. L. 100-687, Sec. 1105(b)(3), substituted "$138" for "$133". 1987 - Subsec. (a). Pub. L. 100-227, Sec. 106(1), substituted "$155" for "$149". Subsec. (b). Pub. L. 100-227, Sec. 106(2), substituted "$261" for "$251". Subsec. (c). Pub. L. 100-227, Sec. 106(3), substituted "$133" for "$128". 1986 - Subsec. (a). Pub. L. 99-576, Sec. 106(1), substituted "$149" for "$147". Pub. L. 99-238, Sec. 106(1), substituted "$147" for "$143". Subsec. (b). Pub. L. 99-576, Sec. 106(2), substituted "$251" for "$247". Pub. L. 99-238, Sec. 106(2), substituted "$247" for "$240". Subsec. (c). Pub. L. 99-576, Sec. 106(3), substituted "$128" for "$126". Pub. L. 99-238, Sec. 106(3), substituted "$126" for "$122". 1984 - Subsec. (a). Pub. L. 98-543, Sec. 106(1), substituted "$143" for "$139". Pub. L. 98-223, Sec. 106(1), substituted "$139" for "$134". Subsec. (b). Pub. L. 98-543, Sec. 106(2), substituted "$240" for "$233". Pub. L. 98-223, Sec. 106(2), substituted "$233" for "$225". Subsec. (c). Pub. L. 98-543, Sec. 106(3), substituted "$122" for "$118". Pub. L. 98-223, Sec. 106(3), substituted "$118" for "$114". 1982 - Subsec. (a). Pub. L. 97-306, Secs. 106(1), 107, 108, substituted "$134" for "$125", and repealed amendment made by Pub. L. 97-253, Sec. 405(g)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(g)(1), (h), eff. Jan. 1, 1983, substituted "$124" for "$125". Subsec. (b). Pub. L. 97-306, Secs. 106(2), 107, 108, substituted "$225" for "$210", and repealed amendment made by Pub. L. 97-253, Sec. 405(g)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(g)(2), (h), eff. Jan. 1, 1983, substituted "$209" for "$210". Subsec. (c). Pub. L. 97-306, Secs. 106(3), 107, 108, substituted "$114" for "$107", and repealed amendment made by Pub. L. 97-253, Sec. 405(g)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(g)(3), (h), eff. Jan. 1, 1983, substituted "$106" for "$107". 1981 - Subsec. (a). Pub. L. 97-66, Sec. 203(1), substituted "$125" for "$112". Subsec. (b). Pub. L. 97-66, Sec. 203(2), substituted "$210" for "$189". Subsec. (c). Pub. L. 97-66, Sec. 203(3), substituted "$107" for "$96". 1980 - Subsec. (a). Pub. L. 96-385, Sec. 203(1), substituted "$112" for "$98". Subsec. (b). Pub. L. 96-385, Sec. 203(2), substituted "$189" for "$165". Subsec. (c). Pub. L. 96-385, Sec. 203(3), substituted "$96" for "$84". 1979 - Subsec. (a). Pub. L. 96-128, Sec. 203(1), substituted "$98" for "$89". Subsec. (b). Pub. L. 96-128, Sec. 203(2), substituted "$165" for "$150". Subsec. (c). Pub. L. 96-128, Sec. 203(3), substituted "$84" for "$76". 1978 - Subsec. (a). Pub. L. 95-479, Sec. 203(1), substituted "$89" for "$83". Subsec. (b). Pub. L. 95-479, Sec. 203(2), substituted "$150" for "$140". Subsec. (c). Pub. L. 95-479, Sec. 203(3), substituted "$76" for "$71". 1977 - Subsec. (a). Pub. L. 95-117, Sec. 203(1), substituted "$83" for "$78". Subsec. (b). Pub. L. 95-117, Sec. 203(2) substituted "$140" for "$131". Subsec. (c). Pub. L. 95-117, Sec. 203(3), substituted "$71" for "$67". 1976 - Subsec. (a). Pub. L. 94-433, Secs. 203(1), 405(10), substituted "$78" for "$72" and "such child" for "him". Subsec. (b). Pub. L. 94-433, Secs. 203(2), 405(10), substituted "$131" for "$121" and "person" for "woman", "surviving spouse" for "widow" and "such person's deceased spouse" for "her deceased husband" wherever appearing. Subsec. (c). Pub. L. 94-433, Secs. 203(3), 405(10), substituted "$67" for "$62" and "person" for "woman", "surviving spouse" for "widow" and "such person's deceased spouse" for "her deceased husband" wherever appearing. 1975 - Subsec. (a). Pub. L. 94-71, Sec. 203(a), substituted "$72" for "$64". Subsec. (b). Pub. L. 94-71, Sec. 203(b), substituted "$121" for "$108". Subsec. (c). Pub. L. 94-71, Sec. 203(c), substituted "$62" for "$55". 1974 - Subsec. (a). Pub. L. 93-295, Sec. 203(a), substituted "$64" for "55". Subsec. (b). Pub. L. 93-295, Sec. 203(b), substituted "$108" for "$92". Subsec. (c). Pub. L. 93-295, 203(c), substituted "$55" for "$47". 1971 - Subsec. (a). Pub. L. 92-197, Sec. 3(a), substituted "$55" for "$32". Subsec. (b). Pub. L. 92-197, Sec. 3(b), substituted "$92" for "$88". Subsec. (c). Pub. L. 92-197, Sec. 3(c), substituted "$47" for "$45". 1970 - Subsec. (a). Pub. L. 91-262, Sec. 3(a), substituted "$32" for "$29". Subsec. (b). Pub. L. 91-262, Sec. 3(b), substituted "$88" for "$80". Subsec. (c). Pub. L. 91-262, Sec. 3(c), substituted "$45" for "$41". 1966 - Subsec. (a). Pub. L. 89-730, Sec. 5(1), substituted "$29" for "$28". Subsec. (b). Pub. L. 89-730, Sec. 5(2), substituted "$80" for "$77". Subsec. (c). Pub. L. 89-730, Sec. 5(3), substituted "41" for "39". 1965 - Subsec. (c). Pub. L. 89-311 substituted "twenty-three" for "twenty-one". 1963 - Subsec. (a). Pub. L. 88-21, Sec. 3(1), substituted "$28" for "$25". Subsec. (b). Pub. L. 88-21, Sec. 3(2), substituted "$77" for "$70". Subsec. (c). Pub. L. 88-21, Sec. 3(3), substituted "$39" for "$35". EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109-111, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7 of Pub. L. 107-94, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7 of Pub. L. 106-118, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of Pub. L. 105-98, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section 7 of Pub. L. 103-140, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7 of Pub. L. 102-152, set out as a note under section 1114 of this title. Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of Pub. L. 102-3, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 1114 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 1114 of this title. 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 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 1311 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-262 effective first day of second calendar month following May 1970, see section 4 of Pub. L. 91-262, set out as a note under section 1313 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set out as a note under section 1315 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89- 311, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set out as a note under section 1311 of this title. REPEAL Section 405(g) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION RATE INCREASES For increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title. -End- -CITE- 38 USC Sec. 1315 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION -HEAD- Sec. 1315. Dependency and indemnity compensation to parents -STATUTE- (a)(1) Except as provided in paragraph (2), dependency and indemnity compensation shall be paid monthly to parents of a deceased veteran in the amounts prescribed by this section. (2) Under regulations prescribed by the Secretary, benefits under this section may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable under this section. (b)(1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $163, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent's annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title. (2) In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly. (3) In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $4,038, as increased from time to time under section 5312 of this title. (4) If there is only one parent and such parent has remarried and is living with such parent's spouse, dependency and indemnity compensation shall be paid to such parent under either paragraph (1) of this subsection or under subsection (d) of this section, whichever will result in the greater amount of such compensation being paid to such parent. In such a case of remarriage the total combined annual income of the parent and such parent's spouse shall be counted in determining the monthly rate of dependency and indemnity compensation under the appropriate formula. (c)(1) Except as provided in subsection (d) of this section, if there are two parents, but they are not living together, the monthly rate of dependency and indemnity compensation paid to each such parent shall be $115, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent's annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title. (2) In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly. (3) In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $4,038, as increased from time to time under section 5312 of this title. (d)(1) If there are two parents who are living together, or if a parent has remarried and is living with such parent's spouse, the monthly rate of dependency and indemnity compensation paid to such parent shall be $109, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of the combined annual income of the parents or the parent and the parent's spouse, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title. (2) In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly. (3) In no case may dependency and indemnity compensation be paid under this subsection to a parent if the total combined annual income of the parent and such parent's spouse exceeds $5,430, as increased from time to time under section 5312 of this title. (e) The Secretary may require as a condition of granting or continuing dependency and indemnity compensation to a parent that such parent, other than one who has attained seventy-two years of age and has been paid dependency and indemnity compensation during two consecutive calendar years, file for a calendar year with the Secretary (on the form prescribed by the Secretary) a report showing the total income which such parent expects to receive in that year and the total income which such parent received in the preceding year. The parent or parents shall notify the Secretary whenever there is a material change in annual income. (f)(1) In determining income under this section, all payments of any kind or from any source shall be included, except - (A) payments of the six-months' death gratuity; (B) donations from public or private relief or welfare organizations; (C) payments under this chapter (except section 1312(a)) and chapters 11 and 15 of this title and under the first sentence of section 9(b) of the Veterans' Pension Act of 1959; (D) lump-sum death payments under title II of the Social Security Act (42 U.S.C. 401 et seq.); (E) payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces; (F) payments under policies of servicemembers' group life insurance, United States Government life insurance or national service life insurance, and payments of servicemen's indemnity; (G) 10 percent of the amount of payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs; (H) amounts equal to amounts paid by a parent of a deceased veteran for - (i) a deceased spouse's just debts, (ii) the expenses of the spouse's last illness to the extent such expenses are not reimbursed under