The law › Title 38, Veterans' Benefits › Chapter 13
38 U.S.C. 1311: Dependency and indemnity compensation to a surviving spouse
Created in 1958 by Public Law 85-857. Changed by 48 later laws. No bill we track in this Congress changes it.
5 other sections of the Code cite this one, including 10 U.S.C. 1059, 10 U.S.C. 1450, 10 U.S.C. 1451, 38 U.S.C. 1318, 38 U.S.C. 5110.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2010
2009
- Pub. L. 111–37, §3(d)(1)(A), substituted "$1,154" for "$1,091". Law text · (a)
- Pub. L. 111–37, §3(d)(1)(B), substituted "$246" for "$233". Law text · (a)
- Pub. L. 111–37, §3(d)(2), 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". Law text · (a)
- Pub. L. 111–37, §3(d)(3)(A), (B), substituted "$286" for "$271". Law text · (b), (c)
- Pub. L. 111–37, §3(d)(3)(C), substituted "$135" for "$128". Law text · (d)
2008
- Pub. L. 110–324, §3(d)(1)(A), substituted "$1,091" for "$1,067". Law text · (a)
- Pub. L. 110–324, §3(d)(1)(B), substituted "$233" for "$228". Law text · (a)
- Pub. L. 110–324, §3(d)(2), 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 t… Law text · (a)
- Pub. L. 110–324, §3(d)(3)(A), (B), substituted "$271" for "$265". Law text · (b), (c)
- Pub. L. 110–324, §3(d)(3)(C), substituted "$128" for "$126". Law text · (d)
2006
- Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text
- Pub. L. 109–461, §1005(d)(1)(A), substituted "$1,067" for "$1,033". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–444, §9(d)(1)(A), which substituted "$1,067" for "$1,033", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (a)
- Pub. L. 109–461, §1005(d)(1)(B), substituted "$228" for "$221". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–444, §9(d)(1)(B), which substituted "$228" for "$221", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (a)
- Pub. L. 109–461, §1005(d)(2), 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 o… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–444, §9(d)(2), 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 G… Law text · (a)
- Pub. L. 109–461, §1005(d)(3)(A), substituted "$265" for "$257". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
- Pub. L. 109–444, §9(d)(3)(A), which substituted "$265" for "$257", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (b)
- Pub. L. 109–461, §1005(d)(3)(B), substituted "$265" for "$257". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (c)
- Pub. L. 109–444, §9(d)(3)(B), which substituted "$265" for "$257", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (c)
- Pub. L. 109–233 substituted "blind, or so nearly blind or significantly disabled as to" for "helpless or blind, or so nearly helpless or blind as to". (Veterans' Housing Opportunity and Benefits Improvement Act of 2006) Law text · (c)
- Pub. L. 109–461, §1005(d)(3)(C), substituted "$126" for "$122". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
- Pub. L. 109–444, §9(d)(3)(C), which substituted "$126" for "$122", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (d)
- Pub. L. 109–361 redesignated subsec. (e) relating to increased dependency and indemnity compensation as (f). Law text · (e), (f)
2005
- Pub. L. 109–111, §2(d)(1)(A), substituted "$1,033" for "$967". Law text · (a)
- Pub. L. 109–111, §2(d)(1)(B), substituted "$221" for "$208". Law text · (a)
- Pub. L. 109–111, §2(d)(2), 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". Law text · (a)
- Pub. L. 109–111, §2(d)(3)(A), substituted "$257" for "$241". Law text · (b)
- Pub. L. 109–111, §2(d)(3)(B), substituted "$257" for "$241". Law text · (c)
- Pub. L. 109–111, §2(d)(3)(C), substituted "$122" for "$115". Law text · (d)
2004
- Pub. L. 108–454, §307(d)(1)(A), substituted "$967" for "$948". (Veterans Benefits Improvement Act of 2004) Law text · (a)
- Pub. L. 108–454, §307(d)(1)(B), substituted "$208" for "$204". (Veterans Benefits Improvement Act of 2004) Law text · (a)
- Pub. L. 108–454, §307(d)(2), 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". (Veterans Benefits Improvement Act of 2004) Law text · (a)
- Pub. L. 108–454, §307(d)(3), substituted "$241" for "$237". (Veterans Benefits Improvement Act of 2004) Law text · (b)
- Pub. L. 108–454, §307(d)(4), substituted "$241" for "$237". (Veterans Benefits Improvement Act of 2004) Law text · (c)
- Pub. L. 108–454, §307(d)(5), substituted "$115" for "$113". (Veterans Benefits Improvement Act of 2004) Law text · (d)
- Pub. L. 108–454, §301(a), added subsec. (e) relating to increased dependency and indemnity compensation. (Veterans Benefits Improvement Act of 2004) Law text · (e)
2003
- Pub. L. 108–183 added subsec. (e). (Veterans Benefits Act of 2003) Law text · (e)
2002
- Pub. L. 107–330, §309(d)(1)(A), substituted "$948" for "$935". (Veterans Benefits Act of 2002) Law text · (a)
- Pub. L. 107–330, §309(d)(1)(B), substituted "$204" for "$202". (Veterans Benefits Act of 2002) Law text · (a)
- Pub. L. 107–330, §309(d)(2), 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… (Veterans Benefits Act of 2002) Law text · (a)
- Pub. L. 107–330, §309(d)(3), substituted "$237" for "$234". (Veterans Benefits Act of 2002) Law text · (b)
- Pub. L. 107–330, §309(d)(4), substituted "$237" for "$234". (Veterans Benefits Act of 2002) Law text · (c)
- Pub. L. 107–330, §309(d)(5), substituted "$113" for "$112". (Veterans Benefits Act of 2002) Law text · (d)
2001
- Pub. L. 107–94, §5(a)(1), substituted "$935" for "$881". Law text · (a)
- Pub. L. 107–94, §5(a)(2), substituted "$202" for "$191". Law text · (a)
- Pub. L. 107–94, §5(b), 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 "se… Law text · (a)
- Pub. L. 107–94, §5(c), substituted "$234" for "$222". Law text · (b)
- Pub. L. 107–94, §5(d), substituted "$234" for "$222". Law text · (c)
- Pub. L. 107–94, §5(e), substituted "$112" for "$107". Law text · (d)
1999
- Pub. L. 106–118, §5(a)(1), substituted "$881" for "$850". Law text · (a)
- Pub. L. 106–118, §5(a)(2), substituted "$191" for "$185". Law text · (a)
- Pub. L. 106–118, §5(b), generally upgraded monthly rates for all pay grades, substituted "section 1302 of this title" for "section 402 of this title" and "$1,082" for "$1,044" in footnote 1, and substituted "section 1302 of this title" for "section 402 of this title" and "$2,013" fo… Law text · (a)
- Pub. L. 106–118, §5(c), (d), substituted "$222" for "$215". Law text · (b), (c)
- Pub. L. 106–118, §5(e), substituted "$107" for "$104". Law text · (d)
- 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… (Veterans Millennium Health Care and Benefits Act) Law text · (d)
1998
- Pub. L. 105–178 added subsec. (e). (Transportation Equity Act for the 21st Century) Law text · (e)
1997
- Pub. L. 105–98, §5(a)(1), substituted "$850" for "$769". Law text · (a)
- Pub. L. 105–98, §5(a)(2), substituted "$185" for "$169". Law text · (a)
- Pub. L. 105–98, §5(b), 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 "section 402 of this title" for "section 1302 of this title" and "$1,044" for "$943" in footnote 1… Law text · (a)
- Pub. L. 105–98, §5(c), 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." Law text · (b)
- Pub. L. 105–98, §5(d), substituted "$215" for "$195". Law text · (c)
- Pub. L. 105–98, §5(e), substituted "$104" for "$95". Law text · (d)
1993
- Pub. L. 103–140, §5(1), substituted "$769" for "$750". · (a)
- Pub. L. 103–140, §5(2), substituted "$169" for "$165". · (a)
- Pub. L. 103–140, §5(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 "$1,7… · (a)
- Pub. L. 103–78, §4(1), generally upgraded monthly rates for all pay grades in table. · (a)
- Pub. L. 103–140, §5(4), substituted "$195" for "$191". · (c)
- Pub. L. 103–78, §4(2), substituted "$191" for "$185". · (c)
- Pub. L. 103–140, §5(5), substituted "$95" for "$93". · (d)
- Pub. L. 103–78, §4(3), substituted "$93" for "$90". · (d)
1992
- Pub. L. 102–568, §102(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,… · (a)
- Pub. L. 102–568, §102(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". · (b)
1991
- Pub. L. 102–83, §5(a), renumbered section 411 of this title as this section.
- Pub. L. 102–152, §5(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 102–83, §5(c)(1), substituted "1302" for "402" in footnotes 1 and 2. · (a)
- Pub. L. 102–3, §5(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 102–152, §5(2), substituted "$71" for "$68". · (b)
- Pub. L. 102–3, §5(2), substituted "$68" for "$65". · (b)
- Pub. L. 102–152, §5(3), substituted "$185" for "$178". · (c)
- Pub. L. 102–3, §5(3), substituted "$178" for "$169". · (c)
- Pub. L. 102–152, §5(4), substituted "$90" for "$87". · (d)
- Pub. L. 102–3, §5(4), substituted "$87" for "$83". · (d)
1989
- Pub. L. 101–237, §104(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 101–237, §104(2), substituted "$65" for "$62". · (b)
- Pub. L. 101–237, §104(3), substituted "$169" for "$161". · (c)
- Pub. L. 101–237, §104(4), substituted "$83" for "$79". · (d)
1988
- Pub. L. 100–687, §1104(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 100–687, §1104(2), substituted "$62" for "$60". · (b)
- Pub. L. 100–687, §1104(3), substituted "$161" for "$155". · (c)
- Pub. L. 100–687, §1104(4), substituted "$79" for "$76". · (d)
1987
- Pub. L. 100–227, §104(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 100–180 inserted "or Vice Chairman" in footnote 2 after table. · (a)
- Pub. L. 100–227, §104(2), substituted "$60" for "$58". · (b)
- Pub. L. 100–227, §104(3), substituted "$155" for "$149". · (c)
- Pub. L. 100–227, §104(4), substituted "$76" for "$73". · (d)
1986
- Pub. L. 99–576, §104(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 99–238, §104(1), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 99–576, §104(2), substituted "$58" for "$57". · (b)
- Pub. L. 99–238, §104(2), substituted "$57" for "$55". · (b)
- Pub. L. 99–576, §104(3), substituted "$149" for "$147". · (c)
- Pub. L. 99–238, §104(3), substituted "$147" for "$143". · (c)
- Pub. L. 99–576, §104(4), substituted "$73" for "$72". · (d)
- Pub. L. 99–238, §104(4), substituted "$72" for "$70". · (d)
1984
- Pub. L. 98–543, §104(a), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 98–223, §104(a), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 98–543, §104(b), substituted "$55" for "$53". · (b)
- Pub. L. 98–223, §104(b), substituted "$53" for "$51". · (b)
- Pub. L. 98–543, §104(c), substituted "$143" for "$139". · (c)
- Pub. L. 98–223, §104(c), substituted "$139" for "$134". · (c)
- Pub. L. 98–543, §104(d), substituted "$70" for "$68". · (d)
- Pub. L. 98–223, §104(d), substituted "$68" for "$66". · (d)
1982
- Pub. L. 97–306, §§104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by Pub. L. 97–253, §405(e)(1), eff. Oct. 1, 1982. · (a)
- Pub. L. 97–253, §405(e)(1), (h), eff. Jan. 1, 1983, lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E–3 through E–7. · (a)
- Pub. L. 97–306, §§104(b), 107, 108, substituted "$51" for "$48", and repealed amendment made by Pub. L. 97–253, §405(e)(2), eff. Oct. 1, 1982. · (b)
- Pub. L. 97–253, §405(e)(2), (h), eff. Jan. 1, 1983, substituted "$47" for "$48" after "shall be increased by". · (b)
- Pub. L. 97–306, §§104(c), 107, 108, substituted "$134" for "$125", and repealed amendment made by Pub. L. 97–253, §405(e)(3), eff. Oct. 1, 1982. · (c)
- Pub. L. 97–253, §405(e)(3), (h), eff. Jan. 1, 1983, substituted "$124" for "$125". · (c)
- Pub. L. 97–306, §§104(d), 107, 108, substituted "$66" for "$62", and repealed amendment made by Pub. L. 97–253, §405(e)(4), eff. Oct. 1, 1982. · (d)
- Pub. L. 97–253, §405(e)(4), (h), eff. Jan. 1, 1983, substituted "$61" for "$62" after "shall be increased by". · (d)
1981
- Pub. L. 97–66, §201(a), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 97–66, §201(b), increased from $43 to $48 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 97–66, §201(c), increased monthly rate of compensation from $112 to $125. · (c)
- Pub. L. 97–66, §201(d), increased monthly rate of compensation from $56 to $62. · (d)
1980
- Pub. L. 96–385, §201(a), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 96–385, §201(b), increased from $38 to $43 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 96–385, §201(c), increased monthly rate of compensation from $98 to $112. · (c)
- Pub. L. 96–385, §201(d), increased monthly rate of compensation from $49 to $56. · (d)
1979
- Pub. L. 96–128, §201(a), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 96–128, §201(b), increased from $35 to $38 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 96–128, §201(c), increased monthly rate of compensation from $89 to $98. · (c)
- Pub. L. 96–128, §201(d), increased monthly rate from $45 to $49. · (d)
1978
- Pub. L. 95–479, §201(a), generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 95–479, §201(b), increased from $33 to $35 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 95–479, §201(c), increased monthly rate of compensation from $83 to $89. · (c)
- Pub. L. 95–479, §201(d), added subsec. (d). · (d)
1977
- Pub. L. 95–117 generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 95–117 increased from $31 to $33 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 95–117 increased monthly rate of compensation payable to a surviving spouse from $78 to $83. · (c)
1976
- Pub. L. 94–433 substituted "surviving spouse" for "widow" in section catchline.
- Pub. L. 94–433 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 … · (a)
- Pub. L. 94–433 substituted "surviving spouse" for "widow" in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 94–433 substituted "surviving spouse" and "spouse" for "widow" and "she" and increased monthly rate of compensation payable from $72 to $78. · (c)
1975
- Pub. L. 94–71 generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 94–71 increased from $26 to $29 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 94–71 increased monthly rate of compensation payable to a widow from $64 to $72. · (c)
1974
- Pub. L. 93–295 generally upgraded monthly rates for all pay grades. · (a)
- Pub. L. 93–295 increased from $22 to $26 monthly dependency and indemnity compensation rate for each child. · (b)
- Pub. L. 93–295 increased monthly rate of compensation payable to the widow from $55 to $64. · (c)
1972
- Pub. L. 92–455 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,". · (a)
1971
- Pub. L. 92–197 generally upgraded monthly rate for all pay grades. · (a)
- Pub. L. 92–197 increased dependency and indemnity compensation rate by $22 per month for each child from $20. · (b)
- Pub. L. 92–197 reenacted subsec. (c) without change. · (c)
1970
- Pub. L. 91–588 substituted "$55" for "$50". · (c)
1969
- Pub. L. 91–96 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 … · (a)
- Pub. L. 91–96 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… · (b)
- Pub. L. 91–96 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 payab… · (c)
- Pub. L. 91–96 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). · (d), (e), (f)
- Pub. L. 91–24 substituted "section 228c–1(h)" for "section 228c–1(i)". · (d)
1963
- Pub. L. 88–134 increased from $112 to $120 the monthly rate of widow's dependency and indemnity compensation. · (a)
- Pub. L. 88–21 substituted "$28" for "$25". · (b)
1961
- Pub. L. 87–268 substituted "section 412(a)" for "section 412". · (d)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.