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Since there is nothing on the face of 38 U.S.C. section
5301(a) (2000) that indicates that Congress intended the term
“benefit” to have anything other than a common meaning, we
consider dictionary definitions of the term to inform ourselves
of the definition that Congress may have had in mind. Excluding
meanings that are obviously inappropriate (e.g., “an
entertainment or social event”), Webster’s Third New
International Dictionary defines the term “benefit” as (1)
“something that guards, aids, or promotes well being” or “useful
aid”, and (2) “PAYMENT, GIFT, as a : financial help in time of
sickness, old age, or unemployment * * * c : a cash payment or
service provided for under an annuity, pension plan, or insurance
4(...continued)
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 by 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. For the purposes of this
subsection, in any case where a payee of an educational
assistance allowance has designated the address of an
attorney-in-fact as the payee's address for the purpose
of receiving a benefit check and has also executed a
power of attorney giving the attorney-in-fact authority
to negotiate such benefit check, such action shall be
deemed to be an assignment and is prohibited.
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Last modified: November 10, 2007