
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: 38USC1317]

 
                      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. 1317. Restriction on payments under this chapter

    (a) Except as provided in subsection (b), no person eligible for 
dependency and indemnity compensation by reason of any death occurring 
after December 31, 1956, shall be eligible by reason of such death for 
any payments under (1) provisions of law administered by the Secretary 
providing for the payment of death compensation or death pension, or (2) 
subchapter I of chapter 81 of title 5.
    (b) A surviving spouse who is eligible for dependency and indemnity 
compensation may elect to receive death pension instead of such 
compensation.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 417; Pub. L. 91-291, 
Sec. 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92-197, Sec. 5, 
Dec. 15, 1971, 85 Stat. 662; Pub. L. 97-295, Sec. 4(11), Oct. 12, 1982, 
96 Stat. 1305; renumbered Sec. 1317 and amended Pub. L. 102-83, 
Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 103-446, 
title I, Sec. 111(a), Nov. 2, 1994, 108 Stat. 4654.)


                               Amendments

    1994--Pub. L. 103-446 designated existing provisions as subsec. (a), 
substituted ``Except as provided in subsection (b), no person'' for ``No 
person'', and added subsec. (b).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 417 of this 
title as this section.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    1982--Pub. L. 97-295 substituted ``subchapter I of chapter 81 of 
title 5'' for ``the Federal Employees' Compensation Act''.
    1971--Pub. L. 92-197 struck out subsec. (a) which, among other 
provisions, restricted payment of dependency and indemnity compensation 
in certain cases where death of a veteran occurred while United States 
Government life insurance or National Service Life Insurance was in 
force under an in-service waiver of premiums continued under section 724 
of this title, and designated subsec. (b) as entire section.
    1970--Subsec. (a). Pub. L. 91-291 designated material after 
``unless'' in first sentence as cl. (1), added cl. (2), and in last 
sentence substituted ``first sentence'' for ``preceding sentence''.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 
of Pub. L. 92-197, set out as a note under section 1311 of this title.


                    Effective Date of 1970 Amendment

    Section 13(c) of Pub. L. 91-291 provided that: ``No dependency and 
indemnity compensation shall be payable to any person by virtue of the 
amendments made by subsection (a) of this section [amending this 
section] for any person prior to the effective date of this Act [June 
25, 1970].''
    Section 14(a) of Pub. L. 91-291 provided that: ``The amendments made 
by this Act [amending this section and sections 705, 707, 745, 765, 767, 
768, 769, 770, and 774 [now 1905, 1907, 1945, 1965, 1967, 1968, 1969, 
1970, and 1974] of this title and enacting provisions set out as notes 
under this section] shall take effect as of the date of enactment [June 
25, 1970], except that sections 10 and 12 [amending sections 717 and 752 
[now 1917 and 1952] of this title] shall take effect as of the first day 
of the first calendar month which begins more than six calendar months 
after the date of enactment of this Act [June 25, 1970].''


           Dependency and Indemnity Compensation; Eligibility

    Section 8 of Pub. L. 92-197 provided that: ``Any person who before 
January 1, 1972, was not eligible for dependency and indemnity 
compensation under such title by reason of the provisions of the prior 
section 417(a) of title 38, United States Code, may elect, in such 
manner as the Administrator of Veterans' Affairs shall prescribe, to 
receive dependency and indemnity compensation, and an election so made 
shall be final. A person receiving, or entitled to receive, death 
compensation on December 31, 1971, shall continue to receive death 
compensation, if otherwise eligible, in the absence of an election to 
receive dependency and indemnity compensation.''
