38 USC § 1321 - Certifications with respect to pay grade

---
identifier: "/us/usc/t38/s1321"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1321 - Certifications with respect to pay grade"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1321"
section_name: "Certifications with respect to pay grade"
chapter_number: 13
chapter_name: "DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS"
subchapter_number: "III"
subchapter_name: "CERTIFICATIONS"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 421; Pub. L. 91–96, § 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94–433, title IV, § 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered § 1321 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)"
---


# § 1321. Certifications with respect to pay grade

The Secretary concerned shall, at the request of the Secretary, certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Secretary.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 421; Pub. L. 91–96, § 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94–433, title IV, § 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered § 1321 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

## Editorial Notes

### Amendments

1991—, renumbered  as this section.

, (2)(E), substituted “Secretary, certify to the Secretary” for “Administrator, certify to the Administrator” and “upon the Secretary” for “upon the Administrator”.

1976— substituted “to the Administrator” for “to him”.

1969— substituted “Certifications with respect to pay grade” for “Certifications with respect to basic pay” in section catchline and substituted provisions authorizing certifications with respect to the pay grade of deceased persons for provisions authorizing certifications with respect to the basic pay of deceased persons, considering rank or grade and cumulative years of service for pay purposes, and struck out the provision requiring the adjustment of basic pay as determined by this chapter whenever basic pay (as defined under the former provisions of ) is adjusted.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1976 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1969 Amendment

Amendment by  effective first day of second calendar month which begins after , see , set out as a note under .