
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 204(b)(2)]
[CITE: 38USC5112]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                     SUBCHAPTER II--EFFECTIVE DATES
 
Sec. 5112. Effective dates of reductions and discontinuances

    (a) Except as otherwise specified in this section, the effective 
date of reduction or discontinuance of compensation, dependency and 
indemnity compensation, or pension shall be fixed in accordance with the 
facts found.
    (b) The effective date of a reduction or discontinuance of 
compensation, dependency and indemnity compensation, or pension--
        (1) by reason of marriage or remarriage, or death of a payee 
    shall be the last day of the month before such marriage, remarriage, 
    or death occurs;
        (2) by reason of marriage, annulment, divorce, or death of a 
    dependent of a payee shall be the last day of the month in which 
    such marriage, annulment, divorce, or death occurs;
        (3) by reason of receipt of active service pay or retirement pay 
    shall be the day before the date such pay began;
        (4) by reason of--
            (A) change in income shall (except as provided in section 
        5312 of this title) be the last day of the month in which the 
        change occurred; and
            (B) change in corpus of estate shall be the last day of the 
        calendar year in which the change occurred;

        (5) by reason of a change in disability or employability of a 
    veteran in receipt of pension shall be the last day of the month in 
    which discontinuance of the award is approved;
        (6) by reason of change in law or administrative issue, change 
    in interpretation of a law or administrative issue, or, for 
    compensation purposes, a change in service-connected or 
    employability status or change in physical condition shall be the 
    last day of the month following sixty days from the date of notice 
    to the payee (at the payee's last address of record) of the 
    reduction or discontinuance;
        (7) by reason of the discontinuance of school attendance of a 
    payee or a dependent of a payee shall be the last day of the month 
    in which such discontinuance occurred;
        (8) by reason of termination of a temporary increase in 
    compensation for hospitalization or treatment shall be the last day 
    of the month in which the hospital discharge or termination of 
    treatment occurred, whichever is earlier;
        (9) by reason of an erroneous award based on an act of 
    commission or omission by the beneficiary, or with the beneficiary's 
    knowledge, shall be the effective date of the award; and
        (10) by reason of an erroneous award based solely on 
    administrative error or error in judgment shall be the date of last 
    payment.

    (c) The effective date of a discontinuance under section 
5503(b)(1)(A) of this title of pension, compensation, or emergency 
officers' retirement pay by reason of hospital treatment or 
institutional or domiciliary care shall be the last day of the first 
month of such treatment or care during which the value of the veteran's 
estate, as determined under such section, equals or exceeds $1,500.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3012; Pub. L. 87-
825, Sec. 2, Oct. 15, 1962, 76 Stat. 949; Pub. L. 89-730, Sec. 3, Nov. 
2, 1966, 80 Stat. 1159; Pub. L. 90-275, Sec. 5, Mar. 28, 1968, 82 Stat. 
68; Pub. L. 92-198, Sec. 3, Dec. 15, 1971, 85 Stat. 664; Pub. L. 94-433, 
title IV, Sec. 402, Sept. 30, 1976, 90 Stat. 1378; Pub. L. 95-588, title 
III, Sec. 303, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 97-253, title IV, 
Sec. 402(a), Sept. 8, 1982, 96 Stat. 802; Pub. L. 99-576, title V, 
Sec. 503, title VII, Sec. 701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; 
renumbered Sec. 5112 and amended Pub. L. 102-40, title IV, 
Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)


                               Amendments

    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3012 of 
this title as this section.
    Subsec. (b)(4)(A). Pub. L. 102-40, Sec. 402(d)(1), substituted 
``5312'' for ``3112''.
    Subsec. (c). Pub. L. 102-40, Sec. 402(d)(1), substituted 
``5503(b)(1)(A)'' for ``3203(b)(1)(A)''.
    1986--Subsec. (b)(6). Pub. L. 99-576, Sec. 701(64), substituted 
``the payee's'' for ``his''.
    Subsec. (c). Pub. L. 99-576, Sec. 503, added subsec. (c).
    1982--Subsec. (b)(2). Pub. L. 97-253 substituted ``month'' for 
``calendar year''.
    1978--Subsec. (b)(4). Pub. L. 95-588 restructured subsection and, as 
so restructured, provided that the effective date of a change in 
compensation by reason of a change in income would be the last day of 
the month in which the change occurred rather than the last day in the 
calendar year in which such change in income occurred.
    1976--Subsec. (b)(2). Pub. L. 94-433, Sec. 402(1), inserted 
``annulment,'' before ``divorce'' in two places.
    Subsec. (b)(9). Pub. L. 94-433, Sec. 402(2), substituted ``the 
beneficiary's'' for ``his'' before ``knowledge''.
    1971--Subsec. (b)(2). Pub. L. 92-198 substituted ``last day of the 
calendar year'' for ``last day of the month''.
    1968--Subsec. (b)(4). Pub. L. 90-275 struck out exception which 
provided that where change in income is due to an increase in payments 
under a public or private retirement plan the effective date of the 
resulting reduction or discontinuance shall be the last day of the 
calendar year in which the change occurred.
    1966--Subsec. (b)(4). Pub. L. 89-730 provided for exception that 
where change in income is due to an increase in payments under a public 
or private retirement plan the effective date of the resulting reduction 
or discontinuance shall be the last day of the calendar year in which 
the change occurred.
    1962--Subsecs. (b), (c). Pub. L. 87-825 redesignated subsec. (c) as 
(b), amended such subsec. generally, and among other changes, inserted 
provisions relating to the marriage, divorce, or death of a dependent of 
a payee, the change in income or corpus of an estate, the change in 
disability or employability of a veteran, the change in law or 
administrative issue of service-connected or employability status or 
physical condition, the discontinuance of school attendance, the 
termination of a temporary increase in compensation for hospitalization 
or treatment, an erroneous award based on an act or omission of the 
beneficiary or with his knowledge, and an erroneous award based solely 
on administrative error or error in judgment, changed the effective date 
by reason of death, or by reason of marriage or remarriage, from the 
date of death, or the day before the date of marriage or remarriage, 
respectively, to the last day of the month before such death, marriage 
or remarriage occurs, and eliminated provisions relating to attaining 
age 18 or 21, as applicable, and to fraud on the part of the beneficiary 
or with his knowledge. Former subsec. (b), which related to the 
effective date of a reduction or discontinuance in rates, of a 
compensation, dependency and indemnity compensation, or a pension award, 
was struck out.


                    Effective Date of 1982 Amendment

    Section 402(b) of Pub. L. 97-253 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
any marriage, annulment, divorce, or death that occurs after September 
30, 1982.''


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 
of Pub. L. 95-588, set out as a note under section 101 of this title.


                    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

    Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of 
Pub. L. 92-198, set out as a note under section 1521 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-275 effective first day of first calendar 
month following month of initial payment of increases in monthly 
insurance benefits provided by Social Security Amendments of 1967, see 
section 6(b) of Pub. L. 90-275, set out as a note under section 1521 of 
this title.


                    Effective Date of 1966 Amendment

    Amendment by Pub. L. 89-730 effective first day of second calendar 
month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set 
out as a note under section 1315 of this title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-825 effective first day of second calendar 
month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, 
set out as a note under section 110 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1806, 5310 of this title.
