38 U.S.C. § 1311 | Dependency and indemnity compensation to a surviving spouse

(a)

(1)

Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154.

(2)

The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.

(3)

January 1, 1993

Pay grade	Monthly rate	Pay grade	Monthly rate
¹ If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $1,419.
² If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,643.
E–1	$1,154	W–4	$1,380
E–2	$1,154	O–1	$1,219
E–3	$1,154	O–2	$1,260
E–4	$1,154	O–3	$1,347
E–5	$1,154	O–4	$1,427
E–6	$1,154	O–5	$1,571
E–7	$1,194	O–6	$1,771
E–8	$1,260	O–7	$1,912
E–9	$1,314¹	O–8	$2,100
W–1	$1,219	O–9	$2,246
W–2	$1,267	O–10	$2,463 ²
W–3	$1,305		............

In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before , the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2):

(b)

If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $286 for each such child.

(c)

The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $286 if the spouse is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

(d)

The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $135 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsection, the requirement of “permanently housebound” will be considered to have been met when the surviving spouse is substantially confined to such surviving spouse’s home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such surviving spouse’s lifetime.

(e)

section 103(d)(2)(B) of this title section 5304(b)(3) of this title In the case of an individual who is eligible for dependency and indemnity compensation under this section by reason of who is also eligible for benefits under another provision of law by reason of such individual’s status as the surviving spouse of a veteran, then, notwithstanding any other provision of law (other than ), no reduction in benefits under such other provision of law shall be made by reason of such individual’s eligibility for benefits under this section.

(f)

(1)

Subject to paragraphs (2) and (3), if there is a surviving spouse with one or more children below the age of 18, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $250 (as increased from time to time under paragraph (4)), regardless of the number of such children.

(2)

Dependency and indemnity compensation shall be increased under this subsection only for months occurring during the two-year period beginning on the date on which entitlement to dependency and indemnity compensation commenced.

(3)

The increase in dependency and indemnity compensation of a surviving spouse under this subsection shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18.

(4)

42 U.S.C. 401 42 U.S.C. 415(i) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ( et seq.) as a result of a determination made under section 215(i) of such Act (), the Secretary shall, effective on the date of such increase in benefit amounts, increase the amount payable under paragraph (1), as such amount was in effect immediately prior to the date of such increase in benefit amounts, by the same percentage as the percentage by which such benefit amounts are increased. Any increase in a dollar amount under this paragraph shall be rounded down to the next lower whole dollar amount.

(5)

Dependency and indemnity compensation under this subsection is in addition to any other dependency and indemnity compensation payable under this chapter.

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

section 1114 of this titleFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under .

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsec. (f)(4), is , . Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 111–275, § 602(1)2010—Subsec. (f)(1). , inserted “(as increased from time to time under paragraph (4))” after “$250”.

Pub. L. 111–275, § 602(2)Subsec. (f)(4), (5). , (3), added par. (4) and redesignated former par. (4) as (5).

Pub. L. 111–37, § 3(d)(1)(A)2009—Subsec. (a)(1). , substituted “$1,154” for “$1,091”.

Pub. L. 111–37, § 3(d)(1)(B)Subsec. (a)(2). , substituted “$246” for “$233”.

Pub. L. 111–37, § 3(d)(2)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,419” for “$1,342”, and, in footnote 2, substituted “$2,643” for “$2,499”.

Pub. L. 111–37, § 3(d)(3)(A)Subsecs. (b), (c). , (B), substituted “$286” for “$271”.

Pub. L. 111–37, § 3(d)(3)(C)Subsec. (d). , substituted “$135” for “$128”.

Pub. L. 110–324, § 3(d)(1)(A)2008—Subsec. (a)(1). , substituted “$1,091” for “$1,067”.

Pub. L. 110–324, § 3(d)(1)(B)Subsec. (a)(2). , substituted “$233” for “$228”.

Pub. L. 110–324, § 3(d)(2)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard,” for “Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard,” and “$1,342” for “$1,312”, and, in footnote 2, substituted “Vice-Chairman” for “Vice Chairman” and “$2,499” for “$2,443”.

Pub. L. 110–324, § 3(d)(3)(A)Subsecs. (b), (c). , (B), substituted “$271” for “$265”.

Pub. L. 110–324, § 3(d)(3)(C)Subsec. (d). , substituted “$128” for “$126”.

Pub. L. 109–461, § 1006(b)Pub. L. 109–461 Pub. L. 109–444 Pub. L. 109–444 section 1006(b) of Pub. L. 109–461 Pub. L. 109–444 section 101 of this title2006—, provided that as of the enactment of , the amendments made by were deemed for all purposes not to have taken effect and that ceased to be in effect. See Amendment notes below and , set out as a Coordination of Provisions With note under .

Pub. L. 109–461, § 1005(d)(1)(A)Subsec. (a)(1). , substituted “$1,067” for “$1,033”.

Pub. L. 109–444, § 9(d)(1)(A)Pub. L. 109–461, § 1006(b), which substituted “$1,067” for “$1,033”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(d)(1)(B)Subsec. (a)(2). , substituted “$228” for “$221”.

Pub. L. 109–444, § 9(d)(1)(B)Pub. L. 109–461, § 1006(b), which substituted “$228” for “$221”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(d)(2)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard” for “sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard” and “$1,312” for “$1,271”, and, in footnote 2, substituted “$2,443” for “$2,365”.

Pub. L. 109–444, § 9(d)(2)Pub. L. 109–461, § 1006(b), which generally upgraded monthly rates for all pay grades, in footnote 1, substituted “Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard” for “sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard” and “$1,312” for “$1,271”, and, in footnote 2, substituted “$2,443” for “$2,365”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(d)(3)(A)Subsec. (b). , substituted “$265” for “$257”.

Pub. L. 109–444, § 9(d)(3)(A)Pub. L. 109–461, § 1006(b), which substituted “$265” for “$257”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(d)(3)(B)Subsec. (c). , substituted “$265” for “$257”.

Pub. L. 109–444, § 9(d)(3)(B)Pub. L. 109–461, § 1006(b), which substituted “$265” for “$257”, was terminated by . See Amendment notes above.

Pub. L. 109–233Subsec. (c)(2). substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

Pub. L. 109–461, § 1005(d)(3)(C)Subsec. (d). , substituted “$126” for “$122”.

Pub. L. 109–444, § 9(d)(3)(C)Pub. L. 109–461, § 1006(b), which substituted “$126” for “$122”, was terminated by . See Amendment notes above.

Pub. L. 109–361Subsecs. (e), (f). redesignated subsec. (e) relating to increased dependency and indemnity compensation as (f).

Pub. L. 109–111, § 2(d)(1)(A)2005—Subsec. (a)(1). , substituted “$1,033” for “$967”.

Pub. L. 109–111, § 2(d)(1)(B)Subsec. (a)(2). , substituted “$221” for “$208”.

Pub. L. 109–111, § 2(d)(2)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,271” for “$1,189”, and, in footnote 2, substituted “$2,365” for “$2,213”.

Pub. L. 109–111, § 2(d)(3)(A)Subsec. (b). , substituted “$257” for “$241”.

Pub. L. 109–111, § 2(d)(3)(B)Subsec. (c). , substituted “$257” for “$241”.

Pub. L. 109–111, § 2(d)(3)(C)Subsec. (d). , substituted “$122” for “$115”.

Pub. L. 108–454, § 307(d)(1)(A)2004—Subsec. (a)(1). , substituted “$967” for “$948”.

Pub. L. 108–454, § 307(d)(1)(B)Subsec. (a)(2). , substituted “$208” for “$204”.

Pub. L. 108–454, § 307(d)(2)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,189” for “$1,165”, and, in footnote 2, substituted “$2,213” for “$2,168”.

Pub. L. 108–454, § 307(d)(3)Subsec. (b). , substituted “$241” for “$237”.

Pub. L. 108–454, § 307(d)(4)Subsec. (c). , substituted “$241” for “$237”.

Pub. L. 108–454, § 307(d)(5)Subsec. (d). , substituted “$115” for “$113”.

Pub. L. 108–454, § 301(a)Subsec. (e). , added subsec. (e) relating to increased dependency and indemnity compensation.

Pub. L. 108–1832003—Subsec. (e). added subsec. (e).

Pub. L. 107–330, § 309(d)(1)(A)2002—Subsec. (a)(1). , substituted “$948” for “$935”.

Pub. L. 107–330, § 309(d)(1)(B)Subsec. (a)(2). , substituted “$204” for “$202”.

Pub. L. 107–330, § 309(d)(2)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard” for “Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard” and “$1,165” for “$1,149”, and, in footnote 2, substituted “$2,168” for “$2,139”.

Pub. L. 107–330, § 309(d)(3)Subsec. (b). , substituted “$237” for “$234”.

Pub. L. 107–330, § 309(d)(4)Subsec. (c). , substituted “$237” for “$234”.

Pub. L. 107–330, § 309(d)(5)Subsec. (d). , substituted “$113” for “$112”.

Pub. L. 107–94, § 5(a)(1)2001—Subsec. (a)(1). , substituted “$935” for “$881”.

Pub. L. 107–94, § 5(a)(2)Subsec. (a)(2). , substituted “$202” for “$191”.

Pub. L. 107–94, § 5(b)Subsec. (a)(3). , generally upgraded monthly rates for all pay grades, in footnote 1, substituted “Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer” for “sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer” and “$1,149” for “$1,082”, and, in footnote 2, substituted “$2,139” for “$2,013”.

Pub. L. 107–94, § 5(c)Subsec. (b). , substituted “$234” for “$222”.

Pub. L. 107–94, § 5(d)Subsec. (c). , substituted “$234” for “$222”.

Pub. L. 107–94, § 5(e)Subsec. (d). , substituted “$112” for “$107”.

Pub. L. 106–118, § 5(a)(1)1999—Subsec. (a)(1). , substituted “$881” for “$850”.

Pub. L. 106–118, § 5(a)(2)Subsec. (a)(2). , substituted “$191” for “$185”.

Pub. L. 106–118, § 5(b)section 1302 of this title section 402 of this title section 1302 of this title section 402 of this titleSubsec. (a)(3). , generally upgraded monthly rates for all pay grades, substituted “” for “” and “$1,082” for “$1,044” in footnote 1, and substituted “” for “” and “$2,013” for “$1,941” in footnote 2.

Pub. L. 106–118, § 5(c)Subsecs. (b), (c). , (d), substituted “$222” for “$215”.

Pub. L. 106–118, § 5(e)Subsec. (d). , substituted “$107” for “$104”.

Pub. L. 106–117 struck out subsec. (e) which provided that the termination by death, divorce, or annulment of the remarriage of the surviving spouse of a veteran or cessation of a surviving spouse living with another person would not bar the furnishing of dependency or indemnity compensation in the absence of fraud.

Pub. L. 105–1781998—Subsec. (e). added subsec. (e).

Pub. L. 105–98, § 5(a)(1)1997—Subsec. (a)(1). , substituted “$850” for “$769”.

Pub. L. 105–98, § 5(a)(2)Subsec. (a)(2). , substituted “$185” for “$169”.

Pub. L. 105–98, § 5(b)section 402 of this title section 1302 of this title section 402 of this title section 1302 of this titleSubsec. (a)(3). , inserted table entries for pay grades E–1 to E–6, generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, substituted “” for “” and “$1,044” for “$943” in footnote 1, and substituted “” for “” and “$1,941” for “$1,753” in footnote 2.

Pub. L. 105–98, § 5(c)Subsec. (b). , substituted “$215 for each such child.” for “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter.”

Pub. L. 105–98, § 5(d)Subsec. (c). , substituted “$215” for “$195”.

Pub. L. 105–98, § 5(e)Subsec. (d). , substituted “$104” for “$95”.

Pub. L. 103–140, § 5(1)1993—Subsec. (a)(1). , substituted “$769” for “$750”.

Pub. L. 103–140, § 5(2)Subsec. (a)(2). , substituted “$169” for “$165”.

Pub. L. 103–140, § 5(3)Subsec. (a)(3). , generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, struck out table entries for pay grades E–1 to E–6, and substituted “$943” for “$934” in footnote 1 and “section 1302” for “section 402” and “$1,753” for “$1,744” in footnote 2.

Pub. L. 103–78, § 4(1), generally upgraded monthly rates for all pay grades in table.

Pub. L. 103–140, § 5(4)Subsec. (c). , substituted “$195” for “$191”.

Pub. L. 103–78, § 4(2), substituted “$191” for “$185”.

Pub. L. 103–140, § 5(5)Subsec. (d). , substituted “$95” for “$93”.

Pub. L. 103–78, § 4(3), substituted “$93” for “$90”.

Pub. L. 102–568, § 102(a)1992—Subsec. (a). , added pars. (1) to (3) before table and struck out former provision before table which read as follows: “Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table:”.

Pub. L. 102–568, § 102(b)Subsec. (b). , substituted “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter” for “$71 for each such child”.

Pub. L. 102–83, § 5(a)section 411 of this title1991—, renumbered as this section.

Pub. L. 102–152, § 5(1)Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 102–83, § 5(c)(1), substituted “1302” for “402” in footnotes 1 and 2.

Pub. L. 102–3, § 5(1), generally upgraded monthly rates for all pay grades.

Pub. L. 102–152, § 5(2)Subsec. (b). , substituted “$71” for “$68”.

Pub. L. 102–3, § 5(2), substituted “$68” for “$65”.

Pub. L. 102–152, § 5(3)Subsec. (c). , substituted “$185” for “$178”.

Pub. L. 102–3, § 5(3), substituted “$178” for “$169”.

Pub. L. 102–152, § 5(4)Subsec. (d). , substituted “$90” for “$87”.

Pub. L. 102–3, § 5(4), substituted “$87” for “$83”.

Pub. L. 101–237, § 104(1)1989—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 101–237, § 104(2)Subsec. (b). , substituted “$65” for “$62”.

Pub. L. 101–237, § 104(3)Subsec. (c). , substituted “$169” for “$161”.

Pub. L. 101–237, § 104(4)Subsec. (d). , substituted “$83” for “$79”.

Pub. L. 100–687, § 1104(1)1988—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 100–687, § 1104(2)Subsec. (b). , substituted “$62” for “$60”.

Pub. L. 100–687, § 1104(3)Subsec. (c). , substituted “$161” for “$155”.

Pub. L. 100–687, § 1104(4)Subsec. (d). , substituted “$79” for “$76”.

Pub. L. 100–227, § 104(1)1987—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 100–180 inserted “or Vice Chairman” in footnote 2 after table.

Pub. L. 100–227, § 104(2)Subsec. (b). , substituted “$60” for “$58”.

Pub. L. 100–227, § 104(3)Subsec. (c). , substituted “$155” for “$149”.

Pub. L. 100–227, § 104(4)Subsec. (d). , substituted “$76” for “$73”.

Pub. L. 99–576, § 104(1)1986—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 99–238, § 104(1), generally upgraded monthly rates for all pay grades.

Pub. L. 99–576, § 104(2)Subsec. (b). , substituted “$58” for “$57”.

Pub. L. 99–238, § 104(2), substituted “$57” for “$55”.

Pub. L. 99–576, § 104(3)Subsec. (c). , substituted “$149” for “$147”.

Pub. L. 99–238, § 104(3), substituted “$147” for “$143”.

Pub. L. 99–576, § 104(4)Subsec. (d). , substituted “$73” for “$72”.

Pub. L. 99–238, § 104(4), substituted “$72” for “$70”.

Pub. L. 98–543, § 104(a)1984—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 98–223, § 104(a), generally upgraded monthly rates for all pay grades.

Pub. L. 98–543, § 104(b)Subsec. (b). , substituted “$55” for “$53”.

Pub. L. 98–223, § 104(b), substituted “$53” for “$51”.

Pub. L. 98–543, § 104(c)Subsec. (c). , substituted “$143” for “$139”.

Pub. L. 98–223, § 104(c), substituted “$139” for “$134”.

Pub. L. 98–543, § 104(d)Subsec. (d). , substituted “$70” for “$68”.

Pub. L. 98–223, § 104(d), substituted “$68” for “$66”.

Pub. L. 97–306 Pub. L. 97–253, § 405(e)(1)Oct. 1, 19821982—Subsec. (a). , §§ 104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by , eff. .

Pub. L. 97–253, § 405(e)(1)Jan. 1, 1983, (h), eff. , lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E–3 through E–7.

Pub. L. 97–306 Pub. L. 97–253, § 405(e)(2)Oct. 1, 1982Subsec. (b). , §§ 104(b), 107, 108, substituted “$51” for “$48”, and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(e)(2)Jan. 1, 1983, (h), eff. , substituted “$47” for “$48” after “shall be increased by”.

Pub. L. 97–306 Pub. L. 97–253, § 405(e)(3)Oct. 1, 1982Subsec. (c). , §§ 104(c), 107, 108, substituted “$134” for “$125”, and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(e)(3)Jan. 1, 1983, (h), eff. , substituted “$124” for “$125”.

Pub. L. 97–306 Pub. L. 97–253, § 405(e)(4)Oct. 1, 1982Subsec. (d). , §§ 104(d), 107, 108, substituted “$66” for “$62”, and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(e)(4)Jan. 1, 1983, (h), eff. , substituted “$61” for “$62” after “shall be increased by”.

Pub. L. 97–66, § 201(a)1981—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 97–66, § 201(b)Subsec. (b). , increased from $43 to $48 monthly dependency and indemnity compensation rate for each child.

Pub. L. 97–66, § 201(c)Subsec. (c). , increased monthly rate of compensation from $112 to $125.

Pub. L. 97–66, § 201(d)Subsec. (d). , increased monthly rate of compensation from $56 to $62.

Pub. L. 96–385, § 201(a)1980—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 96–385, § 201(b)Subsec. (b). , increased from $38 to $43 monthly dependency and indemnity compensation rate for each child.

Pub. L. 96–385, § 201(c)Subsec. (c). , increased monthly rate of compensation from $98 to $112.

Pub. L. 96–385, § 201(d)Subsec. (d). , increased monthly rate of compensation from $49 to $56.

Pub. L. 96–128, § 201(a)1979—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 96–128, § 201(b)Subsec. (b). , increased from $35 to $38 monthly dependency and indemnity compensation rate for each child.

Pub. L. 96–128, § 201(c)Subsec. (c). , increased monthly rate of compensation from $89 to $98.

Pub. L. 96–128, § 201(d)Subsec. (d). , increased monthly rate from $45 to $49.

Pub. L. 95–479, § 201(a)1978—Subsec. (a). , generally upgraded monthly rates for all pay grades.

Pub. L. 95–479, § 201(b)Subsec. (b). , increased from $33 to $35 monthly dependency and indemnity compensation rate for each child.

Pub. L. 95–479, § 201(c)Subsec. (c). , increased monthly rate of compensation from $83 to $89.

Pub. L. 95–479, § 201(d)Subsec. (d). , added subsec. (d).

Pub. L. 95–1171977—Subsec. (a). generally upgraded monthly rates for all pay grades.

Pub. L. 95–117Subsec. (b). increased from $31 to $33 monthly dependency and indemnity compensation rate for each child.

Pub. L. 95–117Subsec. (c). increased monthly rate of compensation payable to a surviving spouse from $78 to $83.

Pub. L. 94–4331976— substituted “surviving spouse” for “widow” in section catchline.

Pub. L. 94–433Subsec. (a). substituted “surviving spouse” for “widow” and “pay grade of the person upon whose death entitlement is predicated” for “pay grade of her deceased husband” in text and “surviving spouse’s rate” for “widow’s rate” in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades.

Pub. L. 94–433Subsec. (b). substituted “surviving spouse” for “widow” in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child.

Pub. L. 94–433Subsec. (c). substituted “surviving spouse” and “spouse” for “widow” and “she” and increased monthly rate of compensation payable from $72 to $78.

Pub. L. 94–711975—Subsec. (a). generally upgraded monthly rates for all pay grades.

Pub. L. 94–71Subsec. (b). increased from $26 to $29 monthly dependency and indemnity compensation rate for each child.

Pub. L. 94–71Subsec. (c). increased monthly rate of compensation payable to a widow from $64 to $72.

Pub. L. 93–2951974—Subsec. (a). generally upgraded monthly rates for all pay grades.

Pub. L. 93–295Subsec. (b). increased from $22 to $26 monthly dependency and indemnity compensation rate for each child.

Pub. L. 93–295Subsec. (c). increased monthly rate of compensation payable to the widow from $55 to $64.

Pub. L. 92–4551972—Subsec. (a). substituted in footnote 1 of table “chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard,” for “chief master sergeant of the Air Force, or sergeant major of the Marine Corps,”.

Pub. L. 92–1971971—Subsec. (a). generally upgraded monthly rate for all pay grades.

Pub. L. 92–197Subsec. (b). increased dependency and indemnity compensation rate by $22 per month for each child from $20.

Pub. L. 92–197Subsec. (c). reenacted subsec. (c) without change.

Pub. L. 91–5881970—Subsec. (c). substituted “$55” for “$50”.

Pub. L. 91–961969—Subsec. (a). substituted provisions setting forth dependency and indemnity compensation table based on the pay grade of the deceased husband for provisions that dependency and indemnity compensation was to be paid at a monthly rate equal to $120 plus 12 per centum of basic pay of the deceased husband.

Pub. L. 91–96Subsec. (b). substituted provisions which increased dependency and indemnity compensation rate by $20 per month for each child below the age of eighteen of a deceased veteran for provisions which increased dependency and indemnity compensation rate by $28 per month for each child of a deceased veteran in excess of one where there was a widow and two or more children below the age of eighteen and the total of monthly benefits they were receiving was less than a determined amount.

Pub. L. 91–96Subsec. (c). substituted provisions increasing dependency and indemnity compensation rate by $50 per month for widows that are patients in nursing homes, or are helpless or blind for provisions authorizing Administrator to increase to next highest dollar any fraction of a dollar payable under former subsecs. (a) and (b).

Pub. L. 91–96Subsecs. (d) to (f). struck out subsecs. (d) to (f) which provided for determination of amount of additional compensation payable to a widow under former provisions of subsec. (b).

Pub. L. 91–24Subsec. (d)(3). substituted “section 228c–1(h)” for “section 228c–1(i)”.

Pub. L. 88–1341963—Subsec. (a). increased from $112 to $120 the monthly rate of widow’s dependency and indemnity compensation.

Pub. L. 88–21Subsec. (b). substituted “$28” for “$25”.

Pub. L. 87–2681961—Subsec. (d)(1). substituted “section 412(a)” for “section 412”.

Statutory Notes and Related Subsidiaries

section 1311 of title 38Dec. 10, 2004“Subsection (e) of , United States Code, as added by subsection (a), shall take effect with respect to payments for the first month beginning after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–183Jan. 1, 2004section 101(c) of Pub. L. 108–183 section 103 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2001 Amendment

Pub. L. 107–94Dec. 1, 2001section 7 of Pub. L. 107–94 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1999 Amendments

Pub. L. 106–118Dec. 1, 1999section 7 of Pub. L. 106–118 section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 106–117 section 502(c) of Pub. L. 106–117 section 103 of this titleAmendment by effective on first day of first month beginning after Nov. 1999, see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–178, title VIII, § 8207(b)June 9, 1998112 Stat. 495

section 1311(e) of title 38“No payment may be made by reason of , United States Code, as added by subsection (a) [amending this section], for any month before October 1998.”

, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–98Dec. 1, 1997section 7 of Pub. L. 105–98 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–140Dec. 1, 1993section 7 of Pub. L. 103–140 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1992 Amendment

Section 102(c) of Pub. L. 102–568

January 1, 1993“The amendments made by this section [amending this section] shall take effect on .”

provided that:

Effective Date of 1991 Amendments

Pub. L. 102–152Dec. 1, 1991section 7 of Pub. L. 102–152 section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 102–3Jan. 1, 1991section 7 of Pub. L. 102–3 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–237Dec. 1, 1989section 106 of Pub. L. 101–237 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–687Dec. 1, 1988section 1106 of Pub. L. 100–687 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–227Dec. 1, 1987section 107 of Pub. L. 100–227 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1986 Amendments

Pub. L. 99–576Dec. 1, 1986Dec. 1, 1986section 415(i) of Title 42 section 107 of Pub. L. 99–576 section 1114 of this titleAmendment by effective , but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective , as a result of a determination under , see , set out as a note under .

Pub. L. 99–238Dec. 1, 1985section 107 of Pub. L. 99–238 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendments

Pub. L. 98–543Dec. 1, 1984section 107 of Pub. L. 98–543 section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–223Apr. 1, 1984section 107 of Pub. L. 98–223 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–306Oct. 1, 1982section 108 of Pub. L. 97–306 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–66Oct. 1, 1981section 701(a) of Pub. L. 97–66 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–385Sept. 30, 1980section 601(a) of Pub. L. 96–385 section 1114 of this titleAmendment by applicable only to payments for months beginning after , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–128Oct. 1, 1979section 601(a)(1) of Pub. L. 96–128 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–479Oct. 1, 1978section 401(a) of Pub. L. 95–479 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–117Oct. 1, 1977section 501 of Pub. L. 95–117 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–433Oct. 1, 1976section 406 of Pub. L. 94–433 section 1101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 94–71Aug. 1, 1975section 1101 of Pub. L. 94–71 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–295May 1, 1974section 401 of Pub. L. 93–295 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1971 Amendment

Section 10 of Pub. L. 92–197

section 1317 of this titleJanuary 1, 1972“This Act [amending this section and sections 321, 322, 341, 413 to 415, 417 and 724 [now 1121, 1122, 1141, 1313 to 1315, 1317, and 1924] of this title and enacting provisions set out as note under ] shall take effect on .”

provided that:

Effective Date of 1970 Amendment

Pub. L. 91–588Jan. 1, 1971section 10(a) of Pub. L. 91–588 section 1521 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1969 Amendment

Pub. L. 91–96Oct. 27, 1969section 8 of Pub. L. 91–96 section 1302 of this titleAmendment by effective first day of second calendar month which begins after , see , set out as a note under .

Effective Date of 1963 Amendments

Pub. L. 88–134, § 2Oct. 5, 196377 Stat. 223

Oct. 1, 1963section 201 of Title 37January 1, 1964“The amendment made by this Act [amending this section] shall take effect on the effective date of the Uniformed Services Pay Act of 1963 [effective ; see Short Title note set out under , Pay and Allowances of the Uniformed Services] or on , whichever first occurs.”

, , , provided that:

Pub. L. 88–21, § 5May 15, 196377 Stat. 17

May 15, 1963“The amendments made by this Act [amending this section and sections 413 to 415 [now 1313 to 1315] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1961 Amendment

Pub. L. 87–268Oct. 1, 1961section 3 of Pub. L. 87–268 section 1312 of this titleAmendment by effective , see , set out as a note under .

Repeal

Pub. L. 97–253, title IV, § 405(e)Sept. 8, 198296 Stat. 804 Pub. L. 97–306Oct. 14, 198296 Stat. 1431Oct. 1, 1982, , , cited as a credit to this section, was repealed by , §§ 107, 108, , , 1432, eff. .

Savings Provision

Pub. L. 88–132, § 13(a)Oct. 2, 196377 Stat. 218

section 201 of Title 37Oct. 1, 1963“The enactment of this Act [see Short Title note under , Pay and Allowances of the Uniformed Services] does not reduce the rate of dependency and indemnity compensation under section 411 [now 1311] of title 38, United States Code, that any person was receiving on the day before the effective date of this Act [] or which thereafter becomes payable for that day by reason of a subsequent determination.”

, , , provided that:

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Retroactive Benefits Prohibited

Pub. L. 108–183 section 101(d) of Pub. L. 108–183 section 103 of this titleFor provisions relating to prohibition of retroactive benefits by reason of amendments to this section by , see , set out as a note under .

Payment for Implementation of Revisions

Pub. L. 102–568, title I, § 102(d)Oct. 29, 1992106 Stat. 4322 Pub. L. 102–568, , , provided that the costs of implementing, during fiscal years 1993 and 1994, any revisions in the payment of dependency and indemnity compensation to surviving spouses under this section that result from the amendments made by section 102(a) and (b) of to this section, were to be paid from amounts available to the Department of Veterans Affairs for the payment of compensation and pension.

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Effective Date of 2008 Amendment

Effective Date of 2005 Amendment

Effective Date of 2004 Amendment

Effective Date of 2003 Amendment

Effective Date of 2001 Amendment

Effective Date of 1999 Amendments

Effective Date of 1998 Amendment

Effective Date of 1997 Amendment

Effective Date of 1993 Amendment

Effective Date of 1992 Amendment

Effective Date of 1991 Amendments

Effective Date of 1989 Amendment

Effective Date of 1988 Amendment

Effective Date of 1987 Amendment

Effective Date of 1986 Amendments

Effective Date of 1984 Amendments

Effective Date of 1982 Amendment

Effective Date of 1981 Amendment

Effective Date of 1980 Amendment

Effective Date of 1979 Amendment

Effective Date of 1978 Amendment

Effective Date of 1977 Amendment

Effective Date of 1976 Amendment

Effective Date of 1975 Amendment

Effective Date of 1974 Amendment

Effective Date of 1971 Amendment

Effective Date of 1970 Amendment

Effective Date of 1969 Amendment

Effective Date of 1963 Amendments

Effective Date of 1961 Amendment

Repeal

Savings Provision

Transfer of Functions

Retroactive Benefits Prohibited

Payment for Implementation of Revisions