2012 US Code
Title 38 - Veterans Benefits
Part II - GENERAL BENEFITS (§§ 1101 - 2414)
Chapter 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE (§§ 1501 - 1562)
Subchapter I - GENERAL (§§ 1501 - 1508)
Section 1505 - Payment of pension during confinement in penal institutions
Publication Title | United States Code, 2012 Edition, Title 38 - VETERANS BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL Sec. 1505 - Payment of pension during confinement in penal institutions |
Contains | section 1505 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, §505; Pub. L. 94-169, title I, §106(9)-(11), Dec. 23, 1975, 89 Stat. 1017; renumbered §1505 and amended Pub. L. 102-83, §§4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 109-461, title X, §1002(a), Dec. 22, 2006, 120 Stat. 3464. |
Statutes at Large References | 72 Stat. 1134, 1172 89 Stat. 1017 90 Stat. 2384 105 Stat. 403-406 120 Stat. 3464 |
Public Law References | Public Law 85-857, Public Law 94-169, Public Law 94-502, Public Law 96-466, Public Law 102-83, Public Law 109-461 |
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(a) No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual's imprisonment begins and ending when such individual's imprisonment ends.
(b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran's spouse or children the pension which such veteran would receive for that period but for this section.
(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, §505; Pub. L. 94–169, title I, §106(9)–(11), Dec. 23, 1975, 89 Stat. 1017; renumbered §1505 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 109–461, title X, §1002(a), Dec. 22, 2006, 120 Stat. 3464.)
Prior ProvisionsPrior section 1505 was renumbered section 3105 of this title.
Another prior section 1505, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 94–502, title I, §104(5), Oct. 15, 1976, 90 Stat. 2384, related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1505 continue in effect until Mar. 31, 1981. See section 3110 of this title.
Amendments2006—Subsec. (a). Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
1991—Pub. L. 102–83, §5(a), renumbered section 505 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsecs. (b), (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1975—Subsec. (a). Pub. L. 94–169, §106(9), substituted “such individual's” for “his” wherever appearing.
Subsec. (b). Pub. L. 94–169, §106(10), substituted “such veteran's spouse” for “his wife”.
Subsec. (c). Pub. L. 94–169, §106(11), substituted “surviving spouse” for “widow” wherever appearing.
Effective Date of 1975 AmendmentPub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
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