Page:United States Statutes at Large Volume 94 Part 2.djvu/256

 94 STAT. 1534

PUBLIC LAW 96-385—OCT. 7, 1980 HEADSTONES AND MARKERS IN CERTAIN CASES

38 USC 906. 38 USC 1002.

SEC. 502. Section 906(a) is amended by adding at the end of such section the following new paragraph: "(4) ^jiy individual described in section 1002(5) of this title who is buried in a veterans' cemetery owned by a State.". PAYMENT OF PENSION IN CERTAIN CASES

38 USC 3104.

SEC. 503. (a) Section 3104(a) is amended— (1) by inserting "(1)" after "(a)"; and (2) by adding at the end of such subsection the following new paragraph: "(2) Notwithstanding the provisions of paragraph (1) of this subsec38 USC 3105. tion and of section 3105 of this title, pension under section 521 or 541 38 USC 521, 541. of this title may be paid to a person entitled to receive retired or retirement pay described in section 3105 of this title concurrently with such person's receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual 38 USC 501 et income for the purposes of chapter 15 of this title.". 38^USC 3203 ^^ Section 3203(a)(1)(C) is amended by striking out "of not less than two full calendar months" and inserting in lieu thereof "in connection with which pension was reduced pursuant to subparagraph (A) or (B) of this paragraph". LIMITATION ON PAYMENT OF COMPENSATION FOR SERVICE-CONNECTED DISABILITIES OR DEATH AND OF DEPENDENCY AND INDEMNITY COMPENSATION FOR INCARCERATION FOR FELONY CONVICTION

SEC. 504. (a) Chapter 53 is amended by adding at the end the following new section: 38 USC 3113.

38 USC 314.

38 USC 3107.

"§3113. Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony "(a)(1) To the extent provided in subsection (d) of this section, any person who is entitled to compensation or to dependency and indemnity compensation and who is incarcerated in a Federal, State, or local penal institution for a period in excess of sixty days for conviction of a felony shall not be paid such compensation or dependency and indemnity compensation, for the period beginning on the sixty-first day of such incarceration and ending on the day such incarceration ends, in an amount that exceeds— "(A) in the case of a veteran with a service-connected disability rated at 20 percent or more, the rate of compensation payable under section 314(a) of this title; or "(B) in the case of a veteran with a service-connected disability not rated at 20 percent or more or in the case of a surviving spouse, parent, or child, one-half of the rate of compensation payable under section 314(a) of this title. "(2) The provisions of paragraph (1) of this section shall not apply with respect to any period during which a person is participating in a work-release program or is residing in a halfway house. "(b)(1) All or any part of the compensation not paid to a veteran by reason of subsection (a) of this section may, as appropriate in an individual case, be apportioned under the same terms and conditions as are provided under section 3107 of this title.

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