
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 102(a)(2)]
[Document affected by Public Law 107-14 Section 7(d)(1)]
[Document affected by Public Law 107-14 Section 7(d)(2)]
[CITE: 38USC3017]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3017. Death benefit

    (a)(1) In the event of the service-connected death of any 
individual--
        (A) who--
            (i) is entitled to basic educational assistance under this 
        chapter; or
            (ii) is on active duty in the Armed Forces and but for 
        clause (1)(A)(i) or clause (2)(A) of section 3011(a) or clause 
        (1)(A)(i) or (ii) or clause (2) of section 3012(a) of this title 
        would be eligible for such basic educational assistance; and

        (B) who dies while on active duty or within one year after 
    discharge or release from active duty,

the Secretary shall make a payment, subject to paragraph (2)(B) of this 
subsection, in the amount described in subsection (b) of this section to 
the person or persons described in paragraph (2)(A) of this subsection.
    (2)(A) The payment referred to in paragraph (1) of this subsection 
shall be made to the person or persons first listed below who is 
surviving on the date of such individual's death:
        (i) The beneficiary or beneficiaries designated by such 
    individual under the individual's Servicemembers' Group Life 
    Insurance policy.
        (ii) The surviving spouse of the individual.
        (iii) The surviving child or children of the individual, in 
    equal shares.
        (iv) The surviving parent or parents of the individual, in equal 
    shares.

    (B) If no such person survives such individual, no payment shall be 
made under this section.
    (b) The amount of any payment made under this section shall be equal 
to--
        (1) the amount reduced from the individual's pay under section 
    3011(b), 3012(c), or 3018(c) of this title, less
        (2) the total of--
            (A) the amount of educational assistance that has been paid 
        to the individual under this chapter before the payment is made 
        under this section; and
            (B) the amount of accrued benefits paid or payable with 
        respect to such individual in connection with this chapter.

    (c) A payment under this section shall be considered to be a benefit 
under this title and, for purposes of section 3035(b)(1), it shall be 
considered to be an entitlement earned under this subchapter.

(Added Pub. L. 100-689, title I, Sec. 101(a), Nov. 18, 1988, 102 Stat. 
4161, Sec. 1417; amended Pub. L. 101-237, title IV, Sec. 423(a)(3), 
(b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; renumbered Sec. 3017 and 
amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
Pub. L. 102-568, title III, Sec. 308, Oct. 29, 1992, 106 Stat. 4329; 
Pub. L. 104-275, title IV, Sec. 405(c)(2), Oct. 9, 1996, 110 Stat. 
3340.)


                               Amendments

    1996--Subsec. (a)(2)(A)(i). Pub. L. 104-275 substituted 
``Servicemembers' Group'' for ``Servicemen's Group''.
    1992--Subsec. (a)(1)(B). Pub. L. 102-568 inserted before comma ``or 
within one year after discharge or release from active duty''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1417 of this 
title as this section.
    Subsec. (a)(1)(A)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3011(a)'' for ``1411(a)'' and ``3012(a)'' for ``1412(a)''.
    Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011(b), 
3012(c), or 3018(c)'' for ``1411(b), 1412(c), or 1418(c)''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3035(b)(1)'' for ``1435(b)(1)''.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator''.
    Subsec. (a)(1)(A)(ii). Pub. L. 101-237, Sec. 423(a)(3), substituted 
``but for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause 
(1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title'' for 
``but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 
1412(a)(1)(A) of this title''.


                             Effective Date

    Section 101(c) of Pub. L. 100-689 provided that: ``The amendments 
made by this section [enacting this section] shall take effect as of 
July 1, 1985.''
