2014 US Code
Title 38 - Veterans' Benefits (Sections 101 - 8528)
Part IV - General Administrative Provisions (Sections 5100 - 6308)
Chapter 51 - Claims, Effective Dates, and Payments (Sections 5100 - 5126)
Subchapter III - Payment of Benefits (Sections 5120 - 5126)
Sec. 5122 - Cancellation of checks mailed to deceased payees
| 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 IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS SUBCHAPTER III - PAYMENT OF BENEFITS Sec. 5122 - Cancellation of checks mailed to deceased payees |
| Contains | section 5122 |
| 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. 1229, §3022; Pub. L. 99-576, title VII, §701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered §5122 and amended Pub. L. 102-40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104-316, title II, §202(t), Oct. 19, 1996, 110 Stat. 3845. |
| Statutes at Large References | 72 Stat. 1229 100 Stat. 3296 105 Stat. 238 110 Stat. 3845 |
| Public and Private Laws | Public Law 85-857, Public Law 99-576, Public Law 102-40, Public Law 104-316 |
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A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee's estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, §3022; Pub. L. 99–576, title VII, §701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered §5122 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, §202(t), Oct. 19, 1996, 110 Stat. 3845.)
AMENDMENTS1996—Pub. L. 104–316 in last sentence struck out "upon settlement by the General Accounting Office" after "shall be paid".
1991—Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted "5121" for "3021" in two places and "5121(c)" for "3021(c)".
1986—Pub. L. 99–576 substituted "the payee's" for "his" in first sentence.
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