
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: 38USC1312]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                 DEATHS
 
          SUBCHAPTER II--DEPENDENCY AND INDEMNITY COMPENSATION
 
Sec. 1312. Benefits in certain cases of in-service or service-
        connected deaths
        
    (a) In the case of any veteran--
        (1) who dies after December 31, 1956, and is not a fully and 
    currently insured individual (as defined in section 214 of the 
    Social Security Act (42 U.S.C. 414)) at the time of such veteran's 
    death; and
        (2) whose death occurs--
            (A) while on active duty, active duty for training, or 
        inactive duty training; or
            (B) as the result of a service-connected disability incurred 
        after September 15, 1940; and

        (3) who leaves one or more survivors who are not entitled for 
    any month to monthly benefits under section 202 of the Social 
    Security Act (42 U.S.C. 402) on the basis of such veteran's wages 
    and self-employment income but who would, upon application therefor, 
    be entitled to such benefits if such veteran had been fully and 
    currently insured at the time of such veteran's death;

the Secretary shall pay for such month benefits under this section to 
each such survivor in an amount equal to the amount of the benefits 
which would have been paid for such month to such survivor under title 
II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran 
had been both fully and currently insured at the time of such veteran's 
death and if such survivor had filed application therefor on the same 
date on which application for benefits under this section is filed with 
the Secretary.
    (b) In any case where the amount of dependency and indemnity 
compensation payable under this chapter to a surviving spouse who has 
children is less than the amount of pension which would be payable to 
(1) such surviving spouse, or (2) such children if the surviving spouse 
were not entitled, under chapter 15 of this title had the death occurred 
under circumstances authorizing payment of death pension, the Secretary 
shall pay dependency and indemnity compensation to such surviving spouse 
in an amount equal to such amount of pension.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 412; Pub. L. 87-268, 
Sec. 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-466, June 22, 1966, 
80 Stat. 217; Pub. L. 94-433, title IV, Sec. 405(9), Sept. 30, 1976, 90 
Stat. 1379; Pub. L. 98-223, title II, Sec. 213(2), Mar. 2, 1984, 98 
Stat. 46; Pub. L. 102-54, Sec. 14(b)(3), June 13, 1991, 105 Stat. 283; 
renumbered Sec. 1312 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 
5(a), Aug. 6, 1991, 105 Stat. 404-406.)

                       References in Text

    The Social Security Act, referred to in subsec. (a), 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. Sections 214 and 
202 of the Social Security Act are classified to sections 414 and 402 of 
Title 42, respectively. For complete classification of this Act to the 
Code, see section 1305 of Title 42 and Tables.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 412 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places in concluding 
provisions.
    Pub. L. 102-54 substituted ``401'' for ``201'' in concluding 
provisions.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1984--Subsec. (a). Pub. L. 98-223, Sec. 213(2), substituted 
``section 214 of the Social Security Act (42 U.S.C. 414)'' for ``section 
414 of title 42'' in par. (1), ``section 202 of the Social Security Act 
(42 U.S.C. 402)'' for ``section 402 of title 42'' in par. (3), and 
``title II of the Social Security Act (42 U.S.C. 201 et seq.)'' for 
``subchapter II of chapter 7 of title 42'' in provision following par. 
(3).
    1976--Subsec. (a). Pub. L. 94-433 substituted ``such veteran's'' for 
``his'' in cls. (1) and (3) and in text following cl. (3) and ``such 
veteran'' for ``he'' in cl. (3).
    Subsec. (b). Pub. L. 94-433 substituted ``surviving spouse'' for 
``widow'' wherever appearing.
    1966--Pub. L. 89-466 inserted ``to a widow who has children'', ``to 
(1) such widow, or (2) such children if the widow were not entitled'', 
and ``such widow''.
    1961--Pub. L. 87-268 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    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 1961 Amendment

    Section 3 of Pub. L. 87-268 provided that: ``The amendments made by 
this Act [amending this section and sections 107, 411 [now 1311], 415 
[now 1315], 422 [now 1322], and 503 [now 1503] of this title and 
enacting provisions set out as notes under this section] shall take 
effect as of the first day of the first calendar month which begins 
after the date of its enactment [Sept. 21, 1961].''


                   Filing of Application for Benefits

    Section 2 of Pub. L. 87-268 provided that the increased pension 
benefits authorized by Pub. L. 87-268 were to be payable from the 
effective date of Pub. L. 87-268 to anyone receiving dependency and 
indemnity compensation on such date only if the application for such 
increased benefits were filed with the Veterans' Administration within 
one year from such date and evidence of entitlement were of record or 
received within one year from the date of request therefor.

                  Section Referred to in Other Sections

    This section is referred to in sections 107, 1315, 1322 of this 
title.
