38 U.S.C. § 1505 — Payment of pension during confinement in penal institutions
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 199 words · no verdicts yet
This section stops payment of certain pensions to people confined in penal or correctional institutions after a felony or misdemeanor conviction, beginning 61 days after imprisonment starts and ending when it ends. It allows the Secretary to apportion or redirect the pension to specified spouses or children in certain cases.
(a) No pension* under a public or private law administered by the Secretary* may be paid to or for a person imprisoned in a Federal, State*, local, or other penal institution or correctional facility because of a felony or misdemeanor conviction. This applies to any part of the period beginning 61 days after imprisonment begins and ending when imprisonment ends. (b) If a veteran* is disqualified for a period solely because of subsection (a), the Secretary may apportion and pay to the veteran's spouse* or children the pension the veteran would otherwise receive for that period. (c) If a surviving spouse* or child* of a veteran is disqualified for a period solely because of subsection (a), the Secretary may: (1) if the surviving spouse is disqualified, pay the child or children the pension payable if there were no surviving spouse; or (2) if a child is disqualified, pay the surviving spouse or other children, as applicable, the pension payable if there were no such child.
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*, local, or other penal institution or correctional facility 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.
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.
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.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 505; Pub. L. 94–169, title I, § 106(9)–(11), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1505 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 109–461, title X, § 1002(a), Dec. 22, 2006, 120 Stat. 3464.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1134
- 1975Amended · Pub. L. 94-169 · 89 Stat. 1017
- 1991Amended · Pub. L. 102-83 · 105 Stat. 403
- 2006Amended · Pub. L. 109-461 · 120 Stat. 3464
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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