38 U.S.C. § 5112
38 U.S.C. § 5112
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (b)(6). Pub. L. 117-168 struck out "(at the payee's last address of record)" after "notice to the payee". 2001-Subsec. (c). Pub. L. 107-103 struck out subsec. (c) which read as follows: "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."1991- Pub. L. 102-40, §402(b)(1), renumbered section 3012 of this title as this section. Subsec. (b)(4)(A). Pub. L. 102-40, §402(d)(1), substituted "5312" for "3112".Subsec. (c). Pub. L. 102-40, §402(d)(1), substituted "5503(b)(1)(A)" for "3203(b)(1)(A)". 1986-Subsec. (b)(6). Pub. L. 99-576, §701(64), substituted "the payee's" for "his".Subsec. (c). Pub. L. 99-576, §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, §402(1), inserted "annulment," before "divorce" in two places. Subsec. (b)(9). Pub. L. 94-433, §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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97-253, title IV, §402(b), Sept. 8, 1982, 96 Stat. 802, 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.
RULE OF CONSTRUCTION Amendment by Pub. L. 117-168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans' Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117-168 set out as a note under section 5100 of this title.
- notice
- The term "notice" means a communication issued through means (including electronic means) prescribed by the Secretary.