2012 US Code
Title 38 - Veterans Benefits
Part IV - GENERAL ADMINISTRATIVE PROVISIONS (§§ 5100 - 6308)
Chapter 61 - PENAL AND FORFEITURE PROVISIONS (§§ 6101 - 6108)
Section 6107 - Reissuance of benefits
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 IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS Sec. 6107 - Reissuance of benefits |
Contains | section 6107 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 108-454, title V, §503(a)(1), Dec. 10, 2004, 118 Stat. 3619. |
Statutes at Large Reference | 118 Stat. 3619 |
Public Law References | Public Law 108-454 |
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(a)
(2) There shall be considered to have been a negligent failure by the Secretary to investigate and monitor a fiduciary in the following cases:
(A) A case in which the Secretary failed to review a fiduciary's accounting within 60 days of the date on which that accounting is scheduled for review.
(B) A case in which the Secretary was notified of allegations of misuse, but failed to act within 60 days of the date of such notification to terminate the fiduciary.
(C) In any other case in which actual negligence is shown.
(b)
(2) Paragraph (1) applies to a fiduciary that—
(A) is not an individual; or
(B) is an individual who, for any month during a period when misuse occurs, serves 10 or more individuals who are beneficiaries under this title.
(3) In any other case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary as the case may be.
(c)
(d)
(Added Pub. L. 108–454, title V, §503(a)(1), Dec. 10, 2004, 118 Stat. 3619.)
Effective DateSection applicable with respect to any determinations by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see section 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
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