Us Code § 5306 - Renouncement of right to benefits
Full text of Us Code United States Code § 5306 — Renouncement of right to benefits, with citation guidance and answers to common questions.
§ 5306. Renouncement of right to benefits
(a) Any person entitled to pension, compensation, or dependency and indemnity compensation under any of the laws administered by the Secretary may renounce the right thereto. The application renouncing the right shall be in writing over the person's signature. Upon the filing of such an application, payment of such benefits and the right thereto shall be terminated, and such person shall be denied any and all rights thereto from such filing.
(b) Renouncement of rights shall not preclude any person from filing a new application for pension, compensation, or dependency and indemnity compensation at a later date, but such new application shall be treated as an original application, and no payments shall be made for any period before the date such new application is filed.
(c) Notwithstanding subsection (b), if a new application for pension under chapter 15 of this title or for dependency and indemnity compensation for parents under section 1315 of this title is filed within one year after renouncement of that benefit, such application shall not be treated as an original application and benefits will be payable as if the renouncement had not occurred.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, §3106; Pub. L. 99–576, title VII, §701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered §5306, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103–446, title V, §503, Nov. 2, 1994, 108 Stat. 4663.)
Editorial Notes
Amendments
1994—Subsec. (c). Pub. L. 103–446 added subsec. (c).
1991—Pub. L. 102–40 renumbered section 3106 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted "administered by the Secretary" for "administered by the Veterans' Administration".
1986—Subsec. (a). Pub. L. 99–576 substituted "the" for "his" before "right" in first sentence.
About This Section
38 U.S.C. § 5306 is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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