§11201 — Title 46 Shipping | U.S. Code

Summary

Treats certain people's service as wartime active duty so they can get VA burial benefits and national cemetery interment (title 38, chapters 23 and 24). To qualify, a person must have an honorable service certificate under section 11203 and must not already be eligible for VA benefits under any other law. The Secretary must reimburse the Department of Veterans Affairs for benefits the VA gives because of this rule. Normally benefits apply only for deaths after the law is enacted. But if the first burial or columbarium placement happens after enactment, the VA may provide chapter 24 benefits even if the death occurred earlier, and section 2306 can apply.

Title 46, §11201

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(a)(1)The qualified service of an individual referred to in paragraph (2) shall be considered to be active duty in the Armed Forces during a period of war for purposes of eligibility for benefits under the following provisions of title 38:

(A)Chapter 23 (relating to burial benefits).

(B)Chapter 24 (relating to interment in national cemeteries).

(2)Paragraph (1) applies to an individual who—

(A)receives an honorable service certificate under section 11203 of this title; and

(B)is not eligible under any other provision of law for benefits under laws administered by the Secretary of Veterans Affairs.

(b)The Secretary shall reimburse the Secretary of Veterans Affairs for the value of benefits that the Secretary of Veterans Affairs provides for an individual by reason of eligibility under this section.

(c)(1)Benefits may be provided under the provisions of law referred to in subsection (a)(1) by reason of this chapter only for deaths occurring after the date of the enactment of this chapter.

(2)Notwithstanding paragraph (1), in the case of an initial burial or columbarium placement after the date of the enactment of this chapter, benefits may be provided under chapter 24 of title 38 by reason of this chapter (regardless of the date of death), and in such a case benefits may be provided under section 2306 of such title.

Editorial Notes

References in Text

The date of the enactment of this chapter, referred to in subsec. (c), is the date of enactment of Pub. L. 105–368, which was approved Nov. 11, 1998.

Amendments

2021—Pub. L. 116–283 substituted “an individual” for “a person” wherever appearing.

§11201 Eligibility for Veterans’ Burial and Cemetery Benefits

Summary

Title 46, §11201

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

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