Page:United States Statutes at Large Volume 72 Part 1.djvu/1271

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[72 Stat. 1229]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1229]

72 S T A T. ]

P U B U C LAW 86-867-8EPT. 2, 1968

1229

§ 3022. Cancellation of checks mailed to deceased payees A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of his estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 3021 of this title, without regard to section 3021(c) of this title. Any amount not paid in the manner provided in section 3021 of this title shall be paid upon settlement by the General Accounting Office to the estate of the deceased payee unless the estate will escheat. CHAPTER 53—SPECIAL PROVISIONS RELATING TO BENEFITS Sec.

3101. 3102. 3103. 3104. 3105. 3106. 3107. 8108. 3109.

Nonassignability and exempt status of benefits. Waiver of recovery of overpayments. Certain bars to benefits. Protiibition against duplication of benefits. Waiver of retired pay. Renouncement of right to benefits. Apportionment of benefits. Withholding benefits of persons in territory of the enemy. Payment of certain withheld benefits.

§ 3101. Nonassignability and exempt status of benefits (a) Payments of benefits due or to become due under any law administered by the Veterans' Administration shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt b^ the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen's indemnity. (b) This section shall prohibit the collection by setoff or otherwise out of any benefits payable pursuant to any law administered by the Veterans' Administration and relating to veterans, their estates, or their dependents, of any claim of the United States or any agency thereof against (1) any person other than the indebted beneficiary or his estate; or (2) any beneficiary or his estate except amounts due the United States by such beneficiary or his estate by reason of overpayments or illegal payments made under such laws to such beneficiary or his estate or to his dependents as such. If the benefits referred to in the preceding sentence are insurance payable by reason of yearly renewable term insurance. United States Government life insurance, or National Service Life Insurance issued by the United States, the exemption provided in this section shall not apply to indebtedness existing against the particular insurance contract upon the maturity of which the claim is based, whether such indebtedness is in the form of liens to secure unpaid premiums or loans, or interest on such premiums or loans, or indebtedness arising from overpayments of dividends, refunds, loans, or other insurance benefits. (c) Notwithstanding subsection (a), payments of benefits under laws administered by the Veterans' Administration shall not be exempt from levy under subchapter D of chapter 64 of the Internal Revenue ^326 USC 6331Code of 1954 (relating to seizure of property for collection of taxes),