U.S. Code » Title 38 » Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 53— SPECIAL PROVISIONS RELATING TO BENEFITS

38 U.S.C. § 5312

Annual adjustment of certain benefit rates

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(a) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), 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 section 1805 of this title, 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) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), 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 section 1315 of this title 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) 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 section 1315 of this title 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) 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 section 1315 of this title, 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 (42 U.S.C. 415(i)(2)(D)) is published by reason of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).(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.(Added Pub. L. 95–588, title III, § 305(a), Nov. 4, 1978, 92 Stat. 2507, § 3112; amended Pub. L. 97–295, § 4(76), Oct. 12, 1982, 96 Stat. 1311; renumbered § 5312, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 104–204, title IV, § 421(c), Sept. 26, 1996, 110 Stat. 2926; Pub. L. 108–454, title V, § 506, Dec. 10, 2004, 118 Stat. 3622.)Editorial NotesReferences in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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 section 1305 of Title 42 and Tables.

Amendments

2004—Subsec. (b)(1). Pub. L. 108–454 inserted “and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title,” after “(d)(3) of such section,”.

1996—Subsec. (a). Pub. L. 104–204, § 421(c)(1), substituted “, the rate of increased pension” for “and the rate of increased pension” and inserted “and each rate of monthly allowance paid under section 1805 of this title,” after “on account of children,”.

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

1991—Pub. L. 102–40 renumbered section 3112 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), 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”.

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

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

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

Subsec. (c)(1). Pub. L. 102–83, § 5(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.

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

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

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

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

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Pub. L. 108–454, title V, § 507, Dec. 10, 2004, 118 Stat. 3622, provided that:“(a)In General.—Except 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 [Dec. 10, 2004].“(b)Special Rules.—(1)Section 5510 of title 38, United States Code, as added by section 505(a), shall take effect on the date of the enactment of this Act [Dec. 10, 2004].“(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.”

Effective Date of 1996 Amendment

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

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

Effective Date

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

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1994–2023 · leading case: Tore O. Arnesen, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 300 F.3d 1353 (Fed. Cir. 2002).
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Tore O. Arnesen, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 300 F.3d 1353 (Fed. Cir. 2002). · cites it 2× “We review this issue as a matter of statutory interpretation, and conclude that none of the statutes cited by Mr.”
Martin v. Brown, 7 Vet. App. 196 (Vet. App. 1994). · cites it 2× “The RO determined that the appellant was to receive a pension benefit of $347 per month from May 1, 1988, to November 30,1988, because she had received no income from any source since May 1, 1988, and a pension benefit of $360 per month — increased by virtue of a cost-of-living…”
Johnson v. Brown, 9 Vet. App. 369 (Vet. App. 1996). “18,1995) (bracketed rates represent current rate as increased by the Secretary, pursuant to 38 U.S.C. § 5312 (a), effective December 1, 1995).”
Harvey v. Brown, 6 Vet. App. 390 (Vet. App. 1994). “§ 1521 (j) ], or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under [ 38 U.S.C. § 5312 ], In this case, the…”
Sharp v. United States, 80 Fed. Cl. 422 (Fed. Cl. 2008). “”); 38 U.S.C. § 5312 (b)(2)(B) (“The adjustment in rates of dependency and indemnity compensation .”
Bone v. Brown, 9 Vet. App. 446 (Vet. App. 1996). “However, payment of Section 306 pension was and is subject to an annual income limitation, which is adjusted for cost-of-living increases in the same manner that improved pension payments are adjusted under 38 U.S.C. § 5312 . 1978 Act, § 306(a)(2)(A), (a)(3).”
Martin v. Brown, 6 Vet. App. 272 (Vet. App. 1994). “§ 1311 ; and in 38 U.S.C. § 5312 (a) Congress provided for a COLA adjustment for VA pension rates “by the same percentage as the percentage by which” benefit rates are increased under title II of the Social Security Act (Old-Age, Survivors, and Disability Insurance, 42 U.”
11-12 664 (Board of Vet. App. 2012). · cites it 2× “§ 1521 , as increased from time to time under 38 U.S.C.A. § 5312 . Each increase of the maximum annual rates of improved pension under 38 U.”
10-47 965 (Board of Vet. App. 2017). “The maximum annual rate of improved pension for a child is specified by statute and is increased from time to time under 38 U.S.C.A. § 5312 . 38 C.F.R. § 3.24 . The appellant's claim was received in October 2008.”
16-19 321 (Board of Vet. App. 2017). “The annual income of the surviving spouse must not exceed the maximum annual pension rate (MAPR) specified in 38 U.S.C.A. § 5312 , increased from time to time as published in the Federal Register.”
200221-68119 (Board of Vet. App. 2020). “§§ 1521 and 1542, as increased from time to time under 38 U.S.C. § 5312 . The appellant's income is not in excess of the applicable MAPR and specified at 38 C.”
Arthur L. Hairston v. Denis McDonough (Vet. App. 2023). “38 U.S.C. § 5312 (a); 38 C.F.R. § 3.23 (a).”
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