§5304 — Title 38 Veterans' Benefits | U.S. Code

Summary

People generally cannot get more than one of certain military or VA payments at the same time. That rule covers pension, compensation, emergency officers’, regular or reserve retirement pay, and initial naval pensions granted after July 13, 1943, unless covered by 10 U.S.C. 1414 or the retirement pay is waived by another law. An exception allows pensions under 38 U.S.C. 1521 or 1541 to be paid at the same time as certain retired or retirement pay when that retired pay is counted as annual income for chapter 15 of this title. A survivor or veteran who gets benefits for one person’s death or their own service can still get benefits for another death or disability, with limits. Non‑insurance benefits cannot be paid for the death of more than one parent in the same parental line or for more than one spouse; the person may choose which parent’s or spouse’s death to claim. VA payments for a person’s own service stop for any time they are getting active service pay. Also, except for amounts under 10 U.S.C. 1413a or 1414, any lump sum paid under 10 U.S.C. 1415 must be subtracted from pension and compensation under this title, and the Secretary must recover that reduction from payments due before making any payments.

Title 38, §5304

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Except as provided in section 1414 of title 10 or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.

(2)Notwithstanding the provisions of paragraph (1) of this subsection and of section 5305 of this title, pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in section 5305 of this title concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.

(b)(1)Except as provided in paragraphs (2) and (3) of this subsection and in section 1521(i) of this title, the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of pension, compensation, or dependency and indemnity compensation on account of the death or disability of any other person.

(2)Benefits other than insurance under laws administered by the Secretary may not be paid or furnished to or on account of any child by reason of the death of more than one parent in the same parental line; however, the child may elect one or more times to receive benefits by reason of the death of any one of such parents.

(3)Benefits other than insurance under laws administered by the Secretary may not be paid to any person by reason of the death of more than one person to whom such person was married; however, the person may elect one or more times to receive benefits by reason of the death of any one spouse.

(c)Pension, compensation, or retirement pay on account of any person’s own service shall not be paid to such person for any period for which such person receives active service pay.

(d)(1)Other than amounts payable under section 1413a or 1414 of title 10, the amount of pension and compensation benefits payable to a person under this title shall be reduced by the amount of any lump sum payment made to such person under section 1415 of title 10.

(2)The Secretary shall collect any reduction under paragraph (1) from amounts otherwise payable to the person under this title, including pension and compensation payable under this title, before any pension and compensation payments under this title may be paid to the person.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (d). Pub. L. 114–92 added subsec. (d). 2004—Subsec. (a)(1). Pub. L. 108–454 inserted “as provided in section 1414 of title 10 or” after “Except”. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3104 of this title as this section. Subsec. (a)(2). Pub. L. 102–83, § 5(c)(1), substituted “1521” and “1541” for “521” and “541”, respectively. Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105” in two places. Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted “1521(i)” for “521(i)”. Subsec. (b)(2), (3). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. 1986—Subsec. (a)(1). Pub. L. 99–576, § 701(71)(A), substituted “such person’s” for “his”. Subsec. (b)(1). Pub. L. 99–576, § 701(71)(B)(i), (ii), substituted “surviving spouse” for “widow” and “such person’s” for “his”. Subsec. (b)(3). Pub. L. 99–576, § 701(71)(B)(iii), substituted “such person” for “he or she”. Subsec. (c). Pub. L. 99–576, § 701(71)(C), substituted “any person’s” for “his”, “to such person” for “to any person”, and “such person” for “he”. 1980—Subsec. (a). Pub. L. 96–385 designated existing provisions as par. (1) and added par. (2). 1978—Subsec. (b)(1). Pub. L. 95–588 inserted “of this subsection and in section 521(i) of this title” after “(2) and (3)”. 1970—Subsec. (b)(1), (3). Pub. L. 91–376 inserted reference to par. (3) in par. (1) and added par. (3). 1964—Subsec. (a). Pub. L. 88–664 inserted “or concurrently to any person based on the service of any other person” after “own service”. 1960—Subsec. (b)(2). Pub. L. 86–495 substituted provisions prohibiting the payment or furnishing of benefits other than insurance to or on account of any child by reason of the death of more than one parent in the same parental line, and permitting the child to elect one or more times to receive benefits by reason of the death of any one of such parents, for provisions which prohibited the payment of dependency and indemnity compensation to or on account of a child by reason of the death of another parent where the child receives or there is paid by the Veterans’ Administration on account of a child dependency and indemnity compensation, or death compensation, by reason of the death of a parent.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 Amendment; ImplementationAmendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

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of 1978 AmendmentAmendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

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of 1970 AmendmentAmendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title.

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of 1964 AmendmentAmendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.

Effective Date

of 1960 Amendment Pub. L. 86–495, § 2,

June 8, 1960, 74 Stat. 163, provided that: “The amendment made by this Act [amending this section] shall apply only to cases where the death of a parent occurs after the date of enactment of this Act [

June 8, 1960].”

§5304 Prohibition against duplication of benefits

Summary

Title 38, §5304

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

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