§ 5312. — Annual adjustment of certain benefit rates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5312]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5312. Annual adjustment of certain benefit rates
(a) Whenever there is an increase in benefit amounts payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result
of a determination made under section 215(i) of such Act (42 U.S.C.
415(i)), the Secretary shall, effective on the date of such increase in
benefit amounts, increase each maximum annual rate of pension under
sections 1521, 1541, and 1542 of this title, the rate of increased
pension paid under such sections 1521 and 1541 on account of children,
and each rate of monthly allowance paid under section 1805 of this
title, as such rates were in effect immediately prior to the date of
such increase in benefit amounts payable under title II of the Social
Security Act, by the same percentage as the percentage by which such
benefit amounts are increased.
(b)(1) Whenever there is an increase in benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a
result of a determination made under section 215(i) of such Act (42
U.S.C. 415(i)), the Secretary shall, effective on the date of such
increase in benefit amounts, increase the maximum monthly rates of
dependency and indemnity compensation for parents payable under
subsections (b), (c), and (d), and the monthly rate provided in
subsection (g), of section 1315 of this title and the annual income
limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such
section, as such rates and limitations were in effect immediately prior
to the date of such increase in benefit amounts payable under title II
of the Social Security Act, by the same percentage as the percentage by
which such benefit amounts are increased.
(2)(A) Whenever there is an increase under paragraph (1) of this
subsection in such rates and annual income limitations, the Secretary
shall, effective on the date of such increase in such rates and
limitations, adjust (as provided in subparagraph (B) of this paragraph)
the rates of dependency and indemnity compensation payable under
subsection (b)(1) or (c)(1) of section 1315 of this title to any parent
whose annual income is more than $800 but not more than the annual
income limitation in effect under subsection (b)(3) or (c)(3) of such
section, as appropriate, and adjust the rates of such compensation
payable under subsection (d)(1) of such section to any parent whose
annual income is more than $1,000 but not more than the annual income
limitation in effect under subsection (d)(3) of such section.
(B) The adjustment in rates of dependency and indemnity compensation
referred to in subparagraph (A) of this paragraph shall be made by the
Secretary in accordance with regulations which the Secretary shall
prescribe.
(c)(1) Whenever there is an increase under subsection (a) in benefit
rates payable under sections 1521, 1541, 1542, and 1805 of this title
and an increase under subsection (b) in benefit rates and annual income
limitations under section 1315 of this title, the Secretary shall
publish such rates and limitations (including those rates adjusted by
the Secretary under subsection (b)(2) of this section), as increased
pursuant to such subsections, in the Federal Register at the same time
as the material required by section 215(i)(2)(D) of the Social Security
Act (42 U.S.C. 415(i)(2)(D)) is published by reason of a determination
under section 215(i) of such Act (42 U.S.C. 415(i)).
(2) Whenever such rates and income limitations are so increased, the
Secretary may round such rates and income limitations in such manner as
the Secretary considers equitable and appropriate for ease of
administration.
(Added Pub. L. 95-588, title III, Sec. 305(a), Nov. 4, 1978, 92 Stat.
2507, Sec. 3112; amended Pub. L. 97-295, Sec. 4(76), Oct. 12, 1982, 96
Stat. 1311; renumbered Sec. 5312, Pub. L. 102-40, title IV,
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L.
104-204, title IV, Sec. 421(c), Sept. 26, 1996, 110 Stat. 2926.)
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act
is classified generally to subchapter II (Sec. 401 et seq.) of chapter 7
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
1996--Subsec. (a). Pub. L. 104-204, Sec. 421(c)(1), substituted ``,
the rate of increased pension'' for ``and the rate of increased
pension'' and inserted ``and each rate of monthly allowance paid under
section 1805 of this title,'' after ``on account of children,''.
Subsec. (c)(1). Pub. L. 104-204, Sec. 421(c)(2), substituted ``1542,
and 1805'' for ``and 1542''.
1991--Pub. L. 102-40 renumbered section 3112 of this title as this
section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1521'',
``1541'', and ``1542'' for ``521'', ``541'', and 542'', respectively,
wherever appearing.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator''.
Subsec. (b)(1), (2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
``1315'' for ``415''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator''.
Subsec. (b)(2)(B). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1521'',
``1541'', and ``1542'' for ``521'', ``541'', and ``542'', respectively,
and ``1315'' for ``415''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' in two places.
Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
1982--Subsec. (a). Pub. L. 97-295, Sec. 4(76)(A), (B), inserted
``(42 U.S.C. 401 et seq.)'' after first reference to ``title II of the
Social Security Act'', and inserted ``(42 U.S.C. 415(i))'' after
``section 215(i) of such Act''.
Subsec. (b)(1). Pub. L. 97-295, Sec. 4(76)(A)-(C), inserted ``(42
U.S.C. 401 et seq.)'' after first reference to ``title II of the Social
Security Act'', inserted ``(42 U.S.C. 415(i))'' after ``section 215(i)
of such Act'', and substituted ``subsection (g), of section 415 of this
title'' for ``subsection (h), of section 415 of such title''.
Subsec. (c)(1). Pub. L. 97-295, Sec. 4(76)(B), (D), inserted ``(42
U.S.C. 415(i)(2)(D))'' after ``section 215(i)(2)(D) of the Social
Security Act'', and inserted ``(42 U.S.C. 415(i))'' after ``section
215(i) of such Act''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-204 effective Oct. 1, 1997, notwithstanding
section 421(d) of Pub. L. 104-204, set out as an Effective Date note
under section 1801 of this title, unless legislation other than Pub. L.
104-204 is enacted providing for an earlier effective date, see section
422(c) of Pub. L. 104-204, set out as a note under section 1151 of this
title.
Amendment by Pub. L. 104-204 effective Jan. 1, 1997, see section
421(d) of Pub. L. 104-204, set out as an Effective Date note under
section 1801 of this title.
Effective Date
Section effective Jan. 1, 1979, see section 401 of Pub. L. 95-588,
set out as an Effective Date of 1978 Amendment note under section 101 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 1315, 1521, 1541, 1542,
1722, 1805, 1815, 5112 of this title; title 7 section 2014.
