§ 108. Seven-year absence presumption of death
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/usc/title-38/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b)If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual’s home and family for seven or more years, and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c)Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, § 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
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U.S. Code
10 references not yet in our index
- Pub. L. 85–857
- 72 Stat. 1112
- Pub. L. 99–576, title VII, § 701(7)
- 100 Stat. 3291
- Pub. L. 102–83
- 105 Stat. 403–406
- Pub. L. 102–83, § 4(a)(1)
- Pub. L. 102–83, § 4(b)(1)
- Pub. L. 102–83, § 5(c)(1)
- Pub. L. 99–576
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§ 108
Seven-year absence presumption of death
Fed. Reg.×18
C.F.R.×1
Pub. L.Pub. L. 85–857
Stat.72 Stat. 1112
Pub. L.Pub. L. 99–576, title VII, § 701(7)
Stat.100 Stat. 3291
Pub. L.Pub. L. 102–83
Cites 11 · showing 6Cited by 19 across 2 sources