US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 1505

Payment of pension during confinement in penal institutions

(a)
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.
(b)
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.
(c)
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.

Pub. L. 85–85772 Stat. 1134Pub. L. 94–169, title I, § 106(9)89 Stat. 1017Pub. L. 102–83105 Stat. 403–406Pub. L. 109–461, title X, § 1002(a)120 Stat. 3464(, , , § 505; –(11), , ; renumbered § 1505 and amended , §§ 4(a)(1), (b)(1), (2)(E), 5(a), , ; , , .)

Editorial Notes

Prior Provisions

section 3105 of this titlePrior section 1505 was renumbered .

Pub. L. 85–85772 Stat. 1172Pub. L. 94–502, title I, § 104(5)90 Stat. 2384Pub. L. 96–466Section 802(a)(3) of Pub. L. 96–466section 3100 of this titlesection 3110 of this titleAnother prior section 1505, , , ; , , , related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by . , set out as an Effective Date note under , provided that this prior section 1505 continue in effect until . See .

Amendments

Pub. L. 109–4612006—Subsec. (a). substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

Pub. L. 102–83, § 5(a)section 505 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 4(a)(1)Subsec. (a). , substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Pub. L. 102–83, § 4(b)(1)Subsecs. (b), (c). , (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 94–169, § 106(9)1975—Subsec. (a). , substituted “such individual’s” for “his” wherever appearing.

Pub. L. 94–169, § 106(10)Subsec. (b). , substituted “such veteran’s spouse” for “his wife”.

Pub. L. 94–169, § 106(11)Subsec. (c). , substituted “surviving spouse” for “widow” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 10689 Stat. 1017, , , provided that the amendment made by that section is effective .