
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5122]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                   SUBCHAPTER III--PAYMENT OF BENEFITS
 
Sec. 5122. Cancellation of checks mailed to deceased payees

    A check received by a payee in payment of accrued benefits shall, if 
the payee died on or after the last day of the period covered by the 
check, be returned to the issuing office and canceled, unless negotiated 
by the payee or the duly appointed representative of the payee's estate. 
The amount represented by such check, or any amount recovered by reason 
of improper negotiation of any such check, shall be payable in the 
manner provided in section 5121 of this title, without regard to section 
5121(c) of this title. Any amount not paid in the manner provided in 
section 5121 of this title shall be paid to the estate of the deceased 
payee unless the estate will escheat.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1229, Sec. 3022; Pub. L. 99-
576, title VII, Sec. 701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered 
Sec. 5122 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), 
May 7, 1991, 105 Stat. 238, 239; Pub. L. 104-316, title II, Sec. 202(t), 
Oct. 19, 1996, 110 Stat. 3845.)


                               Amendments

    1996--Pub. L. 104-316 in last sentence struck out ``upon settlement 
by the General Accounting Office'' after ``shall be paid''.
    1991--Pub. L. 102-40 renumbered section 3022 of this title as this 
section and substituted ``5121'' for ``3021'' in two places and 
``5121(c)'' for ``3021(c)''.
    1986--Pub. L. 99-576 substituted ``the payee's'' for ``his'' in 
first sentence.

                  Section Referred to in Other Sections

    This section is referred to in section 5121 of this title.
