§1505 — Title 38 Veterans' Benefits | U.S. Code

Summary

If a person is jailed after being convicted of a felony or misdemeanor, pension payments stop starting sixty-one days after the jail term begins and continue until the person is released. This applies to jails or prisons at the federal, state, local, or other levels. If the only reason pension stops is that rule, the Secretary may instead give the veteran’s pension share for that time to the veteran’s spouse or children. If a surviving spouse or a child is the one barred only for that reason, the Secretary may pay the pension to the other family members who would get it if the barred person were not there.

Title 38, §1505

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior 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.

Amendments

2006—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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1975 Amendment Pub. 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.

§1505 Payment of Pension During Confinement in Penal Institutions

Summary

Title 38, §1505

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Effective Date

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata