§ 5309. Payment of certain withheld benefits

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(a)Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.

(b)No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109; Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–576, title VII, § 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5309 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

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Pub. L. 85–857
72 Stat. 1232
Pub. L. 97–258, § 3(k)(4)
96 Stat. 1065
Pub. L. 99–576, title VII, § 701(75)
100 Stat. 3297
Pub. L. 102–40, title IV, § 402(b)(1)
105 Stat. 238
Pub. L. 102–83, § 4(a)(1)
105 Stat. 403–405
Pub. L. 102–40, § 402(b)(1)
Pub. L. 102–83, § 4(b)(1)
Pub. L. 102–83, § 4(a)(3)
Pub. L. 102–40, § 402(d)(1)
Pub. L. 99–576, § 701(75)(A)
Pub. L. 99–576, § 701(75)(B)
Pub. L. 97–258

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§ 5309

Payment of certain withheld benefits

Fed. Reg.×14

C.F.R.×4

U.S.C.×2

U.S.C.§ 5308

U.S.C.§ 3109

Pub. L.Pub. L. 85–857

Stat.72 Stat. 1232

Pub. L.Pub. L. 97–258, § 3(k)(4)

Stat.96 Stat. 1065

Pub. L.Pub. L. 99–576, title VII, § 701(75)

Cites 19 · showing 7Cited by 20 across 3 sources