yourstate.us
38 U.S.C. § 7297

Survivor annuities

United States · Title 38 — VETERANS’ BENEFITS · Status: effective

Get this as JSONEmbed this
Cite this
Citation
38 U.S.C. § 7297, Survivor annuities, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/473583
Permanent ID
ys:prov:473583@1
SHA-256
9cc923cd00cacea4cab4f283adee4061159842e04021dafb52790b4d6fa2617b

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

For purposes of this section: The interest required under the first sentence of paragraph (1) shall not be required for any period— If the service of a judge who makes an election under subsection (b) of this section terminates other than pursuant to the provisions of section 7296 of this title, or if any judge ceases to be married after making the election under subsection (b) of this section and revokes (in a writing filed as provided in subsection (b) of this section) such election, the amount credited to the judge’s individual account (together with interest at 3 percent per year compounded on December 31 of each year to the date of the judge’s relinquishment of office) shall be returned to the judge. For the purpose of this section, the service of a judge making an election under subsection (b) of this section shall be considered to have terminated pursuant to section 7296 of this title if— If a judge who makes an election under subsection (b) of this section dies after having rendered at least 18 months of civilian service (computed as prescribed in subsection (l) of this section), for the last 18 months of which the salary deductions provided for by subsection (c) of this section or the deposits required by subsection (d) of this section have actually been made (and not withdrawn) or the salary deductions required by the civil service retirement laws have actually been made (and not withdrawn)— if the judge is survived by a surviving spouse and a dependent child or children, there shall be paid to the surviving spouse an immediate annuity in an amount computed as provided in subsection (k) of this section and there shall also be paid to or on behalf of each such child an immediate annuity equal to the lesser of— if the judge is not survived by a surviving spouse but is survived by a dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of— The annuity payable to a surviving spouse under this subsection shall be terminated— If— An amount payable under paragraph (1) of this subsection shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence: Any accrued annuity remaining unpaid upon the termination (other than by death) of the annuity of any individual based upon the service of a judge shall be paid to that individual. Any accrued annuity remaining unpaid upon the death of an individual receiving an annuity based upon the service of a judge shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence: The annuity of the surviving spouse of a judge making an election under subsection (b) of this section shall be an amount equal to the sum of the following: The product of— In this subsection, the term “covered judge” means any of the following: A retired judge who would be a recall-eligible retired judge pursuant to subsection (a) of section 7257 but for—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 101-94(H.R. 2727)1989-08-16
    Court of Veterans Appeals Judges Retirement Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-40(H.R. 598)1991-05-07
    Department of Veterans Affairs Health-Care Personnel Act of 1991
    House: 399–0Senate: no recorded tally
  • Amended byPub. L. 102-54(H.R. 232)1991-06-13
    To amend title 38, United States Code, with respect to veterans programs for housing and memorial affairs, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-82(H.R. 153)1991-08-06
    Veterans' Judicial Review Amendments of 1991
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-198(S. 1284)1991-12-09
    A bill to make certain technical corrections in the Judicial Improvements Act of 1990.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-368(H.R. 4110)1998-11-11
    Veterans Programs Enhancement Act of 1998
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-117(H.R. 2116)1999-11-30
    Veterans Millennium Health Care and Benefits Act
    House: 369–46Senate: no recorded tally
  • Amended byPub. L. 114-315(H.R. 6416)2016-12-16
    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016
    House: 419–0Senate: no recorded tally