
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1302]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                 DEATHS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1302. Determination of pay grade

    (a) With respect to a veteran who died in the active military, 
naval, or air service, such veteran's pay grade shall be determined as 
of the date of such veteran's death or as of the date of a promotion 
after death while in a missing status.
    (b) With respect to a veteran who did not die in the active 
military, naval, or air service, such veteran's pay grade shall be 
determined as of--
        (1) the time of such veteran's last discharge or release from 
    active duty under conditions other than dishonorable; or
        (2) the time of such veteran's discharge or release from any 
    period of active duty for training or inactive duty training, if 
    such veteran's death results from service-connected disability 
    incurred during such period and if such veteran was not thereafter 
    discharged or released under conditions other than dishonorable from 
    active duty.

    (c) The pay grade of any veteran described in section 106(b) of this 
title shall be that to which such veteran would have been assigned upon 
final acceptance or entry upon active duty.
    (d) If a veteran has satisfactorily served on active duty for a 
period of six months or more in a pay grade higher than that specified 
in subsection (a) or (b) and any subsequent discharge or release from 
active duty was under conditions other than dishonorable, the higher pay 
grade shall be used if it will result in greater monthly payments to 
such veteran's surviving spouse under this chapter. The determination as 
to whether an individual has served satisfactorily for the required 
period in a higher pay grade shall be made by the Secretary of the 
department in which such higher pay grade was held.
    (e) The pay grade of any person not otherwise described in this 
section, but who had a compensable status on the date of such person's 
death under laws administered by the Secretary, shall be determined by 
the head of the department under which such person performed the 
services by which such person obtained such status (taking into 
consideration such person's duties and responsibilities) and certified 
to the Secretary. For the purposes of this chapter, such person shall be 
deemed to have been on active duty while performing such services.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126, Sec. 402; Pub. L. 86-492, 
June 8, 1960, 74 Stat. 161; Pub. L. 89-622, Sec. 1, Oct. 4, 1966, 80 
Stat. 873; Pub. L. 91-96, Sec. 1, Oct. 27, 1969, 83 Stat. 144; Pub. L. 
92-169, Sec. 2, Nov. 24, 1971, 85 Stat. 489; Pub. L. 94-433, title IV, 
Sec. 405(1)-(3), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 102-54, 
Sec. 14(b)(2), June 13, 1991, 105 Stat. 283; renumbered Sec. 1302 and 
amended Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 
1991, 105 Stat. 403-406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 402 of this 
title as this section.
    Subsec. (d). Pub. L. 102-54 substituted ``department'' for 
``Department''.
    Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' before period at end of first 
sentence.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    1976--Subsec. (a). Pub. L. 94-433, Sec. 405(1), substituted ``such 
veteran's'' for ``his'' in two places.
    Subsec. (b). Pub. L. 94-433, Sec. 405(1), substituted ``such 
veteran's'' for ``his'' in introductory clause and items (1) and (2) and 
``such veteran'' for ``he'' in item (2).
    Subsec. (c). Pub. L. 94-433, Sec. 405(2), substituted ``such 
veteran'' for ``he''.
    Subsec. (d). Pub. L. 94-433, Sec. 405(2), substituted ``such 
veteran's surviving spouse'' for ``his widow''.
    Subsec. (e). Pub. L. 94-433, Sec. 405(3), substituted ``such 
person's'' for ``his'' in two places and ``such person'' for ``he''.
    1971--Subsec. (a). Pub. L. 92-169 provided, with regard to 
determination of veteran's pay grade at date of his death, that in the 
case of a promotion after death while the veteran is in a missing 
status, the pay grade determination date is the date of such promotion.
    1969--Pub. L. 91-96 substituted ``Determination of pay grade'' for 
``Computation of basic pay'' in section catchline.
    Subsec. (a). Pub. L. 91-96 substituted provisions determining the 
pay grade of a veteran who died in the active service for provisions 
determining the basic pay of a veteran who died in the active service as 
that prescribed on Jan. 1, 1957, or on the date of his death (whichever 
is the later date) for a member of a uniformed service on active duty of 
the same rank and years of service.
    Subsec. (b). Pub. L. 91-96 substituted provisions determining the 
pay grade of a veteran who did not die in the active service for 
provisions determining the basic pay of a veteran who did not die in the 
active service as that prescribed on Jan. 1, 1957, or on the date of his 
death (whichever is the later date) for a member of a uniformed service 
on active duty of the same rank and years of service.
    Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as (c) 
and substituted ``pay grade'' for ``basic pay'' and ``assigned'' for 
``entitled''. Former subsec. (c)(2) redesignated (e).
    Subsec. (d). Pub. L. 91-96 substituted provisions determining the 
applicability of a higher pay grade of a veteran who had served six 
months or more in a pay grade higher than that specified in subsec. (a) 
or (b) for provisions determining the basic pay of a veteran who had 
served six months or more in a rank higher than that specified in the 
former provisions of subsec. (a) or (b).
    Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as 
(e), substituted ``pay grade'' for ``basic pay'', and struck out ``and 
years of service'' after ``responsibilities''.
    1966--Subsec. (d). Pub. L. 89-622 substituted ``any subsequent 
discharge or release from active duty was under conditions other than 
dishonorable'' for ``was so serving in such rank within one hundred and 
twenty days before death in the active military, naval, or air service 
or before last discharge or release from active duty under conditions 
other than dishonorable''.
    1960--Subsec. (d). Pub. L. 86-492 added subsec. (d).


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 
of Pub. L. 94-433, set out as a note under section 1101 of this title.


                    Effective Date of 1971 Amendment

    Section 3 of Pub. L. 92-169 provided that: ``For the purposes of 
chapter 13 of title 38, United States Code, this Act [amending this 
section and section 552 of Title 37, Pay and Allowances of the Uniformed 
Services] becomes effective upon the date of enactment [Nov. 24, 1971]. 
For all other purposes this Act becomes effective as of February 28, 
1961.''


                    Effective Date of 1969 Amendment

    Section 8 of Pub. L. 91-96 provided that: ``This Act [amending this 
section and sections 322 [now 1122], 401 [now 1301], 403, 411 [now 
1311], and 421 [now 1321] of this title] shall take effect on the first 
day of the second calendar month which begins after the date of 
enactment [Oct. 27, 1969].''


                    Effective Date of 1966 Amendment

    Section 2 of Pub. L. 89-622 provided that: ``The amendment made by 
this Act [amending this section] shall take effect on the first day of 
the second calendar month after the date of enactment of this Act [Oct. 
4, 1966].''

                  Section Referred to in Other Sections

    This section is referred to in section 1311 of this title.
