§ 5304. — Prohibition against duplication of benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5304]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5304. Prohibition against duplication of benefits
(a)(1) Except 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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1230, Sec. 3104; Pub. L. 86-
495, Sec. 1, June 8, 1960, 74 Stat. 163; Pub. L. 88-664, Sec. 9, Oct.
13, 1964, 78 Stat. 1096; Pub. L. 91-376, Sec. 6, Aug. 12, 1970, 84 Stat.
790; Pub. L. 95-588, title III, Sec. 304, Nov. 4, 1978, 92 Stat. 2507;
Pub. L. 96-385, title V, Sec. 503(a), Oct. 7, 1980, 94 Stat. 1534; Pub.
L. 99-576, title VII, Sec. 701(71), Oct. 28, 1986, 100 Stat. 3297;
renumbered Sec. 5304 and amended Pub. L. 102-40, title IV,
Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,
Secs. 4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406.)
Amendments
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3104 of
this title as this section.
Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1521''
and ``1541'' for ``521'' and ``541'', respectively.
Pub. L. 102-40, Sec. 402(d)(1), substituted ``5305'' for ``3105'' in
two places.
Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted
``1521(i)'' for ``521(i)''.
Subsec. (b)(2), (3). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration''.
1986--Subsec. (a)(1). Pub. L. 99-576, Sec. 701(71)(A), substituted
``such person's'' for ``his''.
Subsec. (b)(1). Pub. L. 99-576, Sec. 701(71)(B)(i), (ii),
substituted ``surviving spouse'' for ``widow'' and ``such person's'' for
``his''.
Subsec. (b)(3). Pub. L. 99-576, Sec. 701(71)(B)(iii), substituted
``such person'' for ``he or she''.
Subsec. (c). Pub. L. 99-576, Sec. 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.
Effective Date of 1980 Amendment
Amendment 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.
Effective Date of 1978 Amendment
Amendment 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.
Effective Date of 1970 Amendment
Amendment 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.
Effective Date of 1964 Amendment
Amendment 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
Section 2 of Pub. L. 86-495 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].''
Section Referred to in Other Sections
This section is referred to in title 10 sections 1413a, 1414.
