
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: 38USC1505]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1505. Payment of pension during confinement in penal 
        institutions
        
    (a) No pension under public or private laws administered by the 
Secretary shall be paid to or for an individual who has been imprisoned 
in a Federal, State, or local penal institution as a result of 
conviction of a felony or misdemeanor for any part of the period 
beginning sixty-one days after such individual's imprisonment begins and 
ending when such individual's imprisonment ends.
    (b) Where any veteran is disqualified for pension for any period 
solely by reason of subsection (a) of this section, the Secretary may 
apportion and pay to such veteran's spouse or children the pension which 
such veteran would receive for that period but for this section.
    (c) Where any surviving spouse or child of a veteran is disqualified 
for pension for any period solely by reason of subsection (a) of this 
section, the Secretary may (1) if the surviving spouse is so 
disqualified, pay to the child, or children, the pension which would be 
payable if there were no such surviving spouse or (2) if a child is so 
disqualified, pay to the surviving spouse or other children, as 
applicable, the pension which would be payable if there were no such 
child.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 505; Pub. L. 94-169, 
title I, Sec. 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017; renumbered 
Sec. 1505 and amended Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 
5(a), Aug. 6, 1991, 105 Stat. 403-406.)


                            Prior Provisions

    Prior section 1505 was renumbered section 3105 of this title.
    Another prior section 1505, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 
1172; Pub. L. 94-502, title I, Sec. 104(5), Oct. 15, 1976, 90 Stat. 
2384, related to leaves of absence to veterans pursuing a course of 
vocational rehabilitation training under chapter 31 of this title, prior 
to the general revision of chapter 31 of this title by Pub. L. 96-466. 
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date note 
under section 3100 of this title, provided that this prior section 1505 
continue in effect until Mar. 31, 1981. See section 3110 of this title.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 505 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted 
``administered by the Secretary'' for ``administered by the Veterans' 
Administration''.
    Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1975--Subsec. (a). Pub. L. 94-169, Sec. 106(9), substituted ``such 
individual's'' for ``his'' wherever appearing.
    Subsec. (b). Pub. L. 94-169, Sec. 106(10), substituted ``such 
veteran's spouse'' for ``his wife''.
    Subsec. (c). Pub. L. 94-169, Sec. 106(11), substituted ``surviving 
spouse'' for ``widow'' wherever appearing.


                    Effective Date of 1975 Amendment

    Section 106 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.
