38 U.S.C. § 3017: Death benefit

Summary

The Secretary must pay a death benefit when a person who was entitled to basic educational help under this chapter, or who would have been eligible but for certain rules, dies from a service-connected cause while on active duty or within one year after leaving active duty. The money goes to the first living person in this order: the beneficiary named under the person’s Servicemembers’ Group Life Insurance, the surviving spouse, the surviving child or children (shared equally), or the surviving parent or parents (shared equally). If no one in that list is alive, no payment is made. The payment amount is the total of specific sums taken from the person’s basic pay, retired pay, amounts collected from the person, and any contributions under the listed sections (3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 3018C(b), 3018C(e), and 3011(e) or 3012(f)), minus any educational assistance already paid to the person and any accrued benefits paid or payable. The payment is treated as a benefit under this title and as an entitlement for purposes of section 3035(b)(1).

Title 38, §3017

Veterans' Benefits, Source: USLM XML via OLRC

(a)(1)In the event of the service-connected death of any individual—

(A)who—

(i)is entitled to basic educational assistance under this chapter; or

(ii)is on active duty in the Armed Forces and but for clause (1)(A)(i) or clause (2) of section 3011(a) or clause (1)(A)(i) or (ii) or clause (2) of section 3012(a) of this title would be eligible for such basic educational assistance; and

(B)who dies while on active duty or within one year after discharge or release from active duty,

the Secretary shall make a payment, subject to paragraph (2)(B) of this subsection, in the amount described in subsection (b) of this section to the person or persons described in paragraph (2)(A) of this subsection.

(2)(A)The payment referred to in paragraph (1) of this subsection shall be made to the person or persons first listed below who is surviving on the date of such individual’s death:

(i)The beneficiary or beneficiaries designated by such individual under the individual’s Servicemembers’ Group Life Insurance policy.

(ii)The surviving spouse of the individual.

(iii)The surviving child or children of the individual, in equal shares.

(iv)The surviving parent or parents of the individual, in equal shares.

(B)If no such person survives such individual, no payment shall be made under this section.

(b)The amount of any payment made under this section shall be equal to—

(1)the total of—

(A)the amount reduced from the individual’s basic pay under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 3018C(b), or 3018C(e) of this title;

(B)the amount reduced from the individual’s retired pay under section 3018C(e) of this title;

(C)the amount collected from the individual by the Secretary under section 3018B(b), 3018C(b), or 3018C(e) of this title; and

(D)the amount of any contributions made by the individual under section 3011(e) or 3012(f) of this title, less

(2)the total of—

(A)the amount of educational assistance that has been paid to the individual under this chapter before the payment is made under this section; and

(B)the amount of accrued benefits paid or payable with respect to such individual in connection with this chapter.

(c)A payment under this section shall be considered to be a benefit under this title and, for purposes of section 3035(b)(1), it shall be considered to be an entitlement earned under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (b)(1)(D). Pub. L. 109–233 substituted “3011(e)” for “3011(c)”. 2001—Subsec. (b)(1). Pub. L. 107–14 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the amount reduced from the individual’s pay under section 3011(b), 3012(c), or 3018(c) of this title, less”. 2000—Subsec. (a)(1)(A)(ii). Pub. L. 106–419 substituted “clause (2) of section 3011(a)” for “clause (2)(A) of section 3011(a)”. 1996—Subsec. (a)(2)(A)(i). Pub. L. 104–275 substituted “Servicemembers’ Group” for “Servicemen’s Group”. 1992—Subsec. (a)(1)(B). Pub. L. 102–568 inserted before comma “or within one year after discharge or release from active duty”. 1991—Pub. L. 102–83, § 5(a), renumbered section 1417 of this title as this section. Subsec. (a)(1)(A)(ii). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)” for “1411(a)” and “3012(a)” for “1412(a)”. Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted “3011(b), 3012(c), or 3018(c)” for “1411(b), 1412(c), or 1418(c)”. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3035(b)(1)” for “1435(b)(1)”. 1989—Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”. Subsec. (a)(1)(A)(ii). Pub. L. 101–237, § 423(a)(3), substituted “but for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title” for “but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 Amendment Pub. L. 107–14, § 7(d)(2),

June 5, 2001, 115 Stat. 33, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of

May 1, 2001.”

Effective Date

Pub. L. 100–689, title I, § 101(c), Nov. 18, 1988, 102 Stat. 4162, provided that: “The

Amendments

made by this section [enacting this section] shall take effect as of July 1, 1985.”

§3017 Death Benefit

Summary

Title 38, §3017

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata