2014 US Code
Title 38 - Veterans' Benefits (Sections 101 - 8528)
Part I - General Provisions (Sections 101 - 905)
Chapter 1 - General (Sections 101 - 118)
Sec. 108 - Seven-year absence presumption of death
| Publication Title | United States Code, 2012 Edition, Supplement 2, 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 I - GENERAL PROVISIONS CHAPTER 1 - GENERAL Sec. 108 - Seven-year absence presumption of death |
| Contains | section 108 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99-576, title VII, §701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83, §§4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406. |
| Statutes at Large References | 72 Stat. 1112 100 Stat. 3291 105 Stat. 403-406 |
| Public and Private Laws | Public Law 85-857, Public Law 99-576, Public Law 102-83 |
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(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual's home and family for seven or more years, and establishing that after diligent search no evidence of that individual's existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, §701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
AMENDMENTS1991—Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "1984" for "784".
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
1986—Subsec. (b). Pub. L. 99–576 substituted "that individual's" for "his" in two places.
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