§ 5310. — Payment of benefits for month of death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5310]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5310. Payment of benefits for month of death
(a) If, in accordance with the provisions of section 5110(d) of this
title, a surviving spouse is entitled to death benefits under chapter
11, 13, or 15 of this title for the month in which a veteran's death
occurs, the amount of such death benefits for that month shall be not
less than the amount of benefits the veteran would have received under
chapter 11 or 15 of this title for that month but for the death of the
veteran.
(b)(1) If the surviving spouse of a veteran who was in receipt of
compensation or pension at the time of death is not entitled to death
benefits under chapter 11, 13, or 15 of this title for the month in
which the veteran's death occurs, that surviving spouse shall be
entitled to a benefit for that month in the amount of benefits the
veteran would have received under chapter 11 or 15 of this title for
that month but for the death of the veteran.
(2) If (notwithstanding section 5112(b)(1) of this title) a check or
other payment is issued to, and in the name of, the deceased veteran as
a benefit payment under chapter 11 or 15 of this title for the month in
which death occurs, that check or other payment (A) shall be treated for
all purposes as being payable to the surviving spouse, and (B) if that
check or other payment is negotiated or deposited, shall be considered
to be the benefit to which the surviving spouse is entitled under
paragraph (1). However, if such check or other payment is in an amount
less than the amount of the benefit under paragraph (1), the unpaid
amount shall be treated in the same manner as an accrued benefit under
section 5121 of this title.
(Added Pub. L. 87-825, Sec. 4(a), Oct. 15, 1962, 76 Stat. 950,
Sec. 3110; amended Pub. L. 98-160, title VII, Sec. 703(3), Nov. 21,
1983, 97 Stat. 1010; renumbered Sec. 5310 and amended Pub. L. 102-40,
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.
L. 104-275, title V, Sec. 506(a), Oct. 9, 1996, 110 Stat. 3343; Pub. L.
105-114, title IV, Sec. 401(f), Nov. 21, 1997, 111 Stat. 2294.)
Amendments
1997--Subsec. (b)(2). Pub. L. 105-114 substituted ``under paragraph
(1)'' for ``under this paragraph'' before period at end of first
sentence.
1996--Pub. L. 104-275 designated existing provisions as subsec. (a)
and added subsec. (b).
1991--Pub. L. 102-40 renumbered section 3110 of this title as this
section and substituted ``5110(d)'' for ``3010(d)''.
1983--Pub. L. 98-160 substituted ``surviving spouse'' for ``widow'',
and ``the death of the veteran'' for ``his death''.
Effective Date of 1996 Amendment
Section 506(b) of Pub. L. 104-275 provided that: ``The amendments
made by this section [amending this section] shall apply with respect to
the death of compensation and pension recipients occurring after
December 31, 1996.''
Effective Date
Section effective first day of second calendar month which begins
after Oct. 15, 1962, see section 7 of Pub. L. 87-825, set out as an
Effective Date of 1962 Amendment note under section 110 of this title.
Section Referred to in Other Sections
This section is referred to in section 5111 of this title.
