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37 U.S.C. § 552 — Pay and allowances; continuance while in a missing status; limitations
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is—
(1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and
(2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or [section 351(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a/2&num=0&edition=prelim) so as to entitle him to a continuance of that pay.
However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding [section 1523 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1523&num=0&edition=prelim) or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes.
**(b)** The expiration of a member’s term of service while he is in a missing status does not end his entitlement to pay and allowances under subsection (a). Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) ends on the date—
(1) the Secretary concerned receives evidence that the member is dead; or
(2) that his death is prescribed or d
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Source file: Laws/federal/codes/united-states-code/title-37/section-552-pay-and-allowances-continuance-while-in-a-missing-status-limitations--ae918eeb8a.md
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Source location: Title 37, Chapter 10, § 552; chapter-010-payments-to-missing-persons.md
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**(a)** A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is—
(1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and
(2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or [section 351(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a/2&num=0&edition=prelim) so as to entitle him to a continuance of that pay.
However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding [section 1523 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1523&num=0&edition=prelim) or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes.
**(b)** The expiration of a member’s term of service while he is in a missing status does not end his entitlement to pay and allowances under subsection (a). Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) ends on the date—
(1) the Secretary concerned receives evidence that the member is dead; or
(2) that his death is prescribed or determined under [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) or under chapter 76 of title 10.
**(c)** A member is not entitled to pay and allowances under subsection (a) for a period during which he is officially determined to be absent from his post of duty without authority, and he is indebted to the United States for payments from amounts credited to his account for that period.
**(d)** A member who is performing full-time training duty or inactive-duty training is entitled to the benefits of this section only when he is officially determined to be in a missing status that results from the performance of duties prescribed by competent authority.
**(e)** A member in a missing status who is continued in that status under [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) or under chapter 76 of title 10 is entitled to be credited with pay and allowances under subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
No person is entitled to any bonus, gratuity, pay, or allowance because of a posthumous commission or warrant.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1523
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (d), when a member of a uniformed service entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim) has been in a missing status, and the official report of his death or of the circumstances of his absence has not been received by the Secretary concerned, he shall, before the end of a 12-month period in that status, have the case fully reviewed. After that review and the end of the 12-month period in a missing status, or after a later review which shall be made when warranted by information received or other circumstances, the Secretary concerned, or his designee, may—
(1) if the member can reasonably be presumed to be living, direct a continuance of his missing status; or
(2) make a finding of death.
**(b)** When a finding of death is made under subsection (a), it shall include the date death is presumed to have occurred for the purpose of—
(1) ending the crediting of pay and allowances;
(2) settlement of accounts; and
(3) payment of death gratuities.
That date is—
(A) the day after the day on which the 12-month period in a missing status ends; or
(B) if the missing status has been continued under subsection (a), the day determined by the Secretary concerned, or his designee.
**(c)** For the sole purpose of determining status under this section, a dependent of a member on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
**(d)** This
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 555
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** With respect to a veteran who died in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of the date of such veteran’s death or as of the date of a promotion after death while in a missing status.
**(b)** With respect to a veteran who did not die in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of—
(1) the time of such veteran’s last discharge or release from active duty under conditions other than dishonorable; or
(2) the time of such veteran’s discharge or release from any period of active duty for training or inactive duty training, if such veteran’s death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.
**(c)** The pay grade of any veteran described in [section 106(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section106/b&num=0&edition=prelim) shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty.
**(d)** If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran’s surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held.
**(e)** The pay grade
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1302
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding the end of the period for which it was made, an allotment, including one for the purchase of United States savings bonds, made by a member of a uniformed service before he was in a missing status may be continued for the period he is entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim).
**(b)** When there is no allotment in effect, or when it is insufficient for a purpose authorized by the Secretary concerned, he, or his designee, may authorize new allotments or increases in allotments that are warranted by the circumstances and payable for the period the member is entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim).
**(c)** The total of all allotments from the pay and allowances of a member in a missing status may not be more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the Secretary concerned.
**(d)** A premium paid by the United States on insurance issued on the life of a member which is unearned because it covers a period after his death reverts to the appropriation of the department concerned.
**(e)** Subject to subsections (f) and (g), the Secretary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of a member entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned, or his designee, may make any determination necessary to administer this chapter and, when so made, it is conclusive as to—
(1) death or finding of death;
(2) the fact of dependency under this chapter;
(3) the fact of dependency for the purpose of paying six months’ death gratuities authorized by law;
(4) the fact of dependency under any other law authorizing the payment of pay, allowances, or other emoluments to enlisted members of the armed forces, when the payments are contingent on dependency;
(5) any other status covered by this chapter;
(6) an essential date, including one on which evidence or information is received by the Secretary concerned; and
(7) whether information received concerning a member of a uniformed service is to be construed and acted on as an official report of death.
Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) applies.
**(b)** When the Secretary concerned, in a case to which [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) applies, receives information that he considers establishes conclusively the death of a member of a uniformed service, he shall, notwithstanding any earlier action relating to death or other status of the member, act on it as an official report of death. After the end of the 12-month period in a missing status prescribed by [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim), the Secretary concerned, or his designee, shall, when he considers that the information received
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 556
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Federal law — U.S. Code and appendices · legal_authorities
Page 219
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 552
(3) The term ‘‘pay and allowances’’ means—
(A) basic pay;
(B) special pay;
(C) incentive pay;
(D) basic allowance for housing;
(E) basic allowance for subsistence; and
(F) station per diem allowances for not
more than 90 days.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat.
625; amended Pub. L. 99–145, title XIII, § 1301(g),
Nov. 8, 1985, 99 Stat. 737; Pub. L. 100–26, § 8(e)(10),
Apr. 21, 1987, 101 Stat. 287; Pub. L. 105–85, div. A,
title VI, § 603(d)(1)(D), Nov. 18, 1997, 111 Stat.
1782.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
551(1) ......
50 App. 1001.
Mar. 7, 1942, ch. 166, § 1,
56 Stat. 143; July 1,
1944, ch. 371, § 1, 58
Stat. 679; Aug. 14, 1964,
Pub. L. 88–428, § 1(1),
(2), 78 Stat. 437.
551(2) ......
551(3) ......
50 App. 1002(a) (22d
through 66th words of
1st sentence, for defini-
tion purposes).
50 App. 1002(a) (96th
through 120th words of
1st sentence, for defini-
tion purposes).
Mar. 7, 1942, ch. 166, § 2(a)
(22d through 66th and
96th through 120th
words of 1st sentence,
for definition pur-
poses); added July 1,
1944, ch. 371, § 2, 58
Stat. 679; Apr. 4, 1953,
ch. 17, § 1(a), 67 Stat. 21;
Aug. 29, 1957, Pub. L.
85–217, § 1(b) (1st par.),
71 Stat. 491; Aug. 14,
1964, Pub. L. 88–428,
§ 1(3)(A), 78 Stat. 437.
Only that portion of the source law which is applica-
ble to members of the uniformed services and their de-
pendents is codified in this section.
The words ‘‘In this chapter’’ are substituted for ‘‘For
the purpose of this Act’’.
In clause (1), the words ‘‘with respect to a member of
a uniformed service’’ are inserted for clarity. In clause
(1)(A), the word ‘‘lawful’’ is omitted as
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 552
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.