38 U.S.C. § 5312 | Annual adjustment of certain benefit rates

(a)

42 U.S.C. 401 42 U.S.C. 415(i)section 1805 of this title 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 each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under , as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.

(b)

(1)

42 U.S.C. 401 42 U.S.C. 415(i)section 1315 of this title 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 maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsection (g), of and the annual income limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such section, and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title, as such rates and limitations were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.

(2)

(A)

section 1315 of this title Whenever there is an increase under paragraph (1) of this subsection in such rates and annual income limitations, the Secretary shall, effective on the date of such increase in such rates and limitations, adjust (as provided in subparagraph (B) of this paragraph) the rates of dependency and indemnity compensation payable under subsection (b)(1) or (c)(1) of to any parent whose annual income is more than $800 but not more than the annual income limitation in effect under subsection (b)(3) or (c)(3) of such section, as appropriate, and adjust the rates of such compensation payable under subsection (d)(1) of such section to any parent whose annual income is more than $1,000 but not more than the annual income limitation in effect under subsection (d)(3) of such section.

(B)

The adjustment in rates of dependency and indemnity compensation referred to in subparagraph (A) of this paragraph shall be made by the Secretary in accordance with regulations which the Secretary shall prescribe.

(c)

(1)

section 1315 of this title 42 U.S.C. 415(i)(2)(D)42 U.S.C. 415(i) Whenever there is an increase under subsection (a) in benefit rates payable under sections 1521, 1541, 1542, and 1805 of this title and an increase under subsection (b) in benefit rates and annual income limitations under , the Secretary shall publish such rates and limitations (including those rates adjusted by the Secretary under subsection (b)(2) of this section), as increased pursuant to such subsections, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act () is published by reason of a determination under section 215(i) of such Act ().

(2)

Whenever such rates and income limitations are so increased, the Secretary may round such rates and income limitations in such manner as the Secretary considers equitable and appropriate for ease of administration.

Pub. L. 95–588, title III, § 305(a)Nov. 4, 197892 Stat. 2507 Pub. L. 97–295, § 4(76)Oct. 12, 198296 Stat. 1311 Pub. L. 102–40, title IV, § 402(b)(1)May 7, 1991105 Stat. 238 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 Pub. L. 104–204, title IV, § 421(c)Sept. 26, 1996110 Stat. 2926 Pub. L. 108–454, title V, § 506Dec. 10, 2004118 Stat. 3622(Added , , , § 3112; amended , , ; renumbered § 5312, , , ; , §§ 4(b)(1), (2)(E), 5(c)(1), , ; , , ; , , .)

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 text, is , . Title II of the Social Security 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. 108–4542004—Subsec. (b)(1). inserted “and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title,” after “(d)(3) of such section,”.

Pub. L. 104–204, § 421(c)(1)section 1805 of this title1996—Subsec. (a). , substituted “, the rate of increased pension” for “and the rate of increased pension” and inserted “and each rate of monthly allowance paid under ,” after “on account of children,”.

Pub. L. 104–204, § 421(c)(2)Subsec. (c)(1). , substituted “1542, and 1805” for “and 1542”.

Pub. L. 102–40 section 3112 of this title1991— renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “1521”, “1541”, and “1542” for “521”, “541”, and 542”, respectively, wherever appearing.

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

Pub. L. 102–83, § 5(c)(1)Subsec. (b)(1), (2)(A). , substituted “1315” for “415”.

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

Pub. L. 102–83, § 4(b)(1)Subsec. (b)(2)(B). , (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 5(c)(1)Subsec. (c)(1). , substituted “1521”, “1541”, and “1542” for “521”, “541”, and “542”, respectively, and “1315” for “415”.

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

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

Pub. L. 97–295, § 4(76)(A)42 U.S.C. 401 42 U.S.C. 415(i)1982—Subsec. (a). , (B), inserted “( et seq.)” after first reference to “title II of the Social Security Act”, and inserted “()” after “section 215(i) of such Act”.

Pub. L. 97–295, § 4(76)(A)42 U.S.C. 401 42 U.S.C. 415(i)section 415 of this titleSubsec. (b)(1). –(C), inserted “( et seq.)” after first reference to “title II of the Social Security Act”, inserted “()” after “section 215(i) of such Act”, and substituted “subsection (g), of ” for “subsection (h), of section 415 of such title”.

Pub. L. 97–295, § 4(76)(B)42 U.S.C. 415(i)(2)(D)42 U.S.C. 415(i)Subsec. (c)(1). , (D), inserted “()” after “section 215(i)(2)(D) of the Social Security Act”, and inserted “()” after “section 215(i) of such Act”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–454, title V, § 507Dec. 10, 2004118 Stat. 3622

“(a)

In General .—

Dec. 10, 2004Except as otherwise provided, this title [enacting sections 5506 to 5510 and 6106 to 6108 of this title and amending this section and sections 5502 and 6101 of this title] and the amendments made by this title shall take effect on the first day of the seventh month beginning after the date of the enactment of this Act [].

“(b)

Special Rules .—

(1)

Section 5510 of title 38Dec. 10, 2004 , United States Code, as added by section 505(a), shall take effect on the date of the enactment of this Act [].

“(2)

Sections 6106 and 6107 of title 38, United States Code, as added by section 503(a), shall apply with respect to any determinations by the Secretary of Veterans Affairs made after the date of the enactment of this Act of misuse of funds by a fiduciary.”

, , , provided that:

Effective Date of 1996 Amendment

Pub. L. 104–204Oct. 1, 1997section 421(d) of Pub. L. 104–204 section 1801 of this title Pub. L. 104–204 section 422(c) of Pub. L. 104–204 section 1151 of this titleAmendment by effective , notwithstanding , set out as an Effective Date note under , unless legislation other than is enacted providing for an earlier effective date, see , set out as a note under .

Pub. L. 104–204Jan. 1, 1997section 421(d) of Pub. L. 104–204 section 1801 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date

Jan. 1, 1979section 401 of Pub. L. 95–588 section 101 of this titleSection effective , see , set out as an Effective Date of 1978 Amendment note under .