US Code

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

38 U.S.C. § 5304

Prohibition against duplication of benefits

(a)
(1)
section 1414 of title 10 Except as provided in or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after , shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.
(2)
section 5305 of this titlesection 5305 of this title Notwithstanding the provisions of paragraph (1) of this subsection and of , pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.
(b)
(1)
section 1521(i) of this title Except as provided in paragraphs (2) and (3) of this subsection and in , the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of pension, compensation, or dependency and indemnity compensation on account of the death or disability of any other person.
(2)
Benefits other than insurance under laws administered by the Secretary may not be paid or furnished to or on account of any child by reason of the death of more than one parent in the same parental line; however, the child may elect one or more times to receive benefits by reason of the death of any one of such parents.
(3)
Benefits other than insurance under laws administered by the Secretary may not be paid to any person by reason of the death of more than one person to whom such person was married; however, the person may elect one or more times to receive benefits by reason of the death of any one spouse.
(c)
Pension, compensation, or retirement pay on account of any person’s own service shall not be paid to such person for any period for which such person receives active service pay.
(d)
(1)
section 1415 of title 10 Other than amounts payable under section 1413a or 1414 of title 10, the amount of pension and compensation benefits payable to a person under this title shall be reduced by the amount of any lump sum payment made to such person under .
(2)
The Secretary shall collect any reduction under paragraph (1) from amounts otherwise payable to the person under this title, including pension and compensation payable under this title, before any pension and compensation payments under this title may be paid to the person.

Pub. L. 85–85772 Stat. 1230Pub. L. 86–495, § 174 Stat. 163Pub. L. 88–664, § 978 Stat. 1096Pub. L. 91–376, § 684 Stat. 790Pub. L. 95–588, title III, § 30492 Stat. 2507Pub. L. 96–385, title V, § 503(a)94 Stat. 1534Pub. L. 99–576, title VII, § 701(71)100 Stat. 3297Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238Pub. L. 102–83105 Stat. 403Pub. L. 108–454, title III, § 308(a)118 Stat. 3614Pub. L. 114–92, div. A, title VI, § 633(b)129 Stat. 850(, , , § 3104; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 5304 and amended , (d)(1), , , 239; , §§ 4(a)(1), 5(c)(1), , , 406; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 114–922015—Subsec. (d). added subsec. (d).

Pub. L. 108–454section 1414 of title 102004—Subsec. (a)(1). inserted “as provided in or” after “Except”.

Pub. L. 102–40, § 402(b)(1)section 3104 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(2). , substituted “1521” and “1541” for “521” and “541”, respectively.

Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105” in two places.

Pub. L. 102–83, § 5(c)(1)Subsec. (b)(1). , substituted “1521(i)” for “521(i)”.

Pub. L. 102–83, § 4(a)(1)Subsec. (b)(2), (3). , substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Pub. L. 99–576, § 701(71)(A)1986—Subsec. (a)(1). , substituted “such person’s” for “his”.

Pub. L. 99–576, § 701(71)(B)(i)Subsec. (b)(1). , (ii), substituted “surviving spouse” for “widow” and “such person’s” for “his”.

Pub. L. 99–576, § 701(71)(B)(iii)Subsec. (b)(3). , substituted “such person” for “he or she”.

Pub. L. 99–576, § 701(71)(C)Subsec. (c). , substituted “any person’s” for “his”, “to such person” for “to any person”, and “such person” for “he”.

Pub. L. 96–3851980—Subsec. (a). designated existing provisions as par. (1) and added par. (2).

Pub. L. 95–588section 521(i) of this title1978—Subsec. (b)(1). inserted “of this subsection and in ” after “(2) and (3)”.

Pub. L. 91–3761970—Subsec. (b)(1), (3). inserted reference to par. (3) in par. (1) and added par. (3).

Pub. L. 88–6641964—Subsec. (a). inserted “or concurrently to any person based on the service of any other person” after “own service”.

Pub. L. 86–4951960—Subsec. (b)(2). substituted provisions prohibiting the payment or furnishing of benefits other than insurance to or on account of any child by reason of the death of more than one parent in the same parental line, and permitting the child to elect one or more times to receive benefits by reason of the death of any one of such parents, for provisions which prohibited the payment of dependency and indemnity compensation to or on account of a child by reason of the death of another parent where the child receives or there is paid by the Veterans’ Administration on account of a child dependency and indemnity compensation, or death compensation, by reason of the death of a parent.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment; Implementation

Pub. L. 114–92section 635 of Pub. L. 114–92section 8432 of Title 5Amendment by effective , with certain implementation requirements, see , set out as a note under , Government Organization and Employees.

Effective Date of 1980 Amendment

Pub. L. 96–385section 601(b) of Pub. L. 96–385section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–588section 401 of Pub. L. 95–588section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1970 Amendment

Pub. L. 91–376section 9 of Pub. L. 91–376section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1964 Amendment

Pub. L. 88–664section 11 of Pub. L. 88–664section 1503 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1960 Amendment

Pub. L. 86–495, § 274 Stat. 163

“The amendment made by this Act [amending this section] shall apply only to cases where the death of a parent occurs after the date of enactment of this Act [].”
, , , provided that: