38 U.S.C. § 5122 — Cancellation of checks mailed to deceased payees
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 122 words · no verdicts yet
This section sets rules about cancellation of checks mailed to deceased payees. It states the duties, permissions, conditions, exceptions, and limits that apply under this section.
A check received by a payee in payment of accrued benefits must, 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 that check, or any amount recovered by reason of improper negotiation of any that check, must 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 must be paid to the estate of the deceased payee unless the estate will escheat.
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.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022; Pub. L. 99–576, title VII, § 701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5122 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, § 202(t), Oct. 19, 1996, 110 Stat. 3845.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1229
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3296
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
- 1996Amended · Pub. L. 104-316 · 110 Stat. 3845
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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