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38 U.S.C. § 5309 — Payment of certain withheld benefits

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 244 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section restores certain benefits that were stopped or withheld under specified laws, subject to an exception for certain people connected with Germany or Japan.

(a) A person who would have been entitled to benefits under laws administered by the Secretary but for section 5308 of this title, whose benefits award was ended under that section, or whose benefits were not paid under 31 U.S.C. 3329 and 3330, must be paid the full unpaid amount if the person was not guilty of mutiny, treason, sabotage, or helping an enemy of the United States or its allies. This includes checks credited to the person that were covered into the Treasury as miscellaneous receipts and money credited to the person in the special-deposit account. The Secretary must certify to the Secretary of the Treasury the payments that otherwise would have been made from that account. As directed by the Secretary, the Treasury Secretary must reimburse the Department’s appropriations from the account or cover the certified amounts into the Treasury as miscellaneous receipts.

(b) A person whose award ended, or whose benefits were not paid, before July 1, 1954, because the person was a citizen or subject of Germany or Japan living in Germany or Japan may not receive payment for a period before the date the person files a claim under this section.

the actual law source: uscode.house.gov ↗public domain
(a)

Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.

(b)

No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109; Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–576, title VII, § 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5309 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1232
  • 1982Amended · Pub. L. 97-258 · 96 Stat. 1065
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3297
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403

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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