### §1317. Restriction on payments under this chapter

(a) Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under (1) provisions of law administered by the Secretary providing for the payment of death compensation or death pension, or (2) subchapter I of chapter 81 of title 5.

(b) A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of such compensation.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, §417; Pub. L. 91–291, §13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92–197, §5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 97–295, §4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered §1317 and amended Pub. L. 102–83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 103–446, title I, §111(a), Nov. 2, 1994, 108 Stat. 4654.)

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–446 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b), no person" for "No person", and added subsec. (b).

1991—Pub. L. 102–83, §5(a), renumbered section 417 of this title as this section.

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1982—Pub. L. 97–295 substituted "subchapter I of chapter 81 of title 5" for "the Federal Employees' Compensation Act".

1971—Pub. L. 92–197 struck out subsec. (a) which, among other provisions, restricted payment of dependency and indemnity compensation in certain cases where death of a veteran occurred while United States Government life insurance or National Service Life Insurance was in force under an in-service waiver of premiums continued under section 724 of this title, and designated subsec. (b) as entire section.

1970—Subsec. (a). Pub. L. 91–291 designated material after "unless" in first sentence as cl. (1), added cl. (2), and in last sentence substituted "first sentence" for "preceding sentence".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.

#### Effective Date of 1970 Amendment

Pub. L. 91–291, §13(c), June 25, 1970, 84 Stat. 332, provided that: "No dependency and indemnity compensation shall be payable to any person by virtue of the amendments made by subsection (a) of this section [amending this section] for any person prior to the effective date of this Act [June 25, 1970]."

Pub. L. 91–291, §14(a), June 25, 1970, 84 Stat. 332, provided that: "The amendments made by this Act [amending this section and sections 705, 707, 745, 765, 767, 768, 769, 770, and 774 [now 1905, 1907, 1945, 1965, 1967, 1968, 1969, 1970, and 1974] of this title and enacting provisions set out as notes under this section] shall take effect as of the date of enactment [June 25, 1970], except that sections 10 and 12 [amending sections 717 and 752 [now 1917 and 1952] of this title] shall take effect as of the first day of the first calendar month which begins more than six calendar months after the date of enactment of this Act [June 25, 1970]."

#### Dependency and Indemnity Compensation; Eligibility

Pub. L. 92–197, §8, Dec. 15, 1971, 85 Stat. 662, provided that: "Any person who before January 1, 1972, was not eligible for dependency and indemnity compensation under such title by reason of the provisions of the prior section 417(a) of title 38, United States Code, may elect, in such manner as the Administrator of Veterans' Affairs shall prescribe, to receive dependency and indemnity compensation, and an election so made shall be final. A person receiving, or entitled to receive, death compensation on December 31, 1971, shall continue to receive death compensation, if otherwise eligible, in the absence of an election to receive dependency and indemnity compensation."