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37 U.S.C. § 553 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
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-
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Source file: Laws/federal/codes/united-states-code/title-37/section-553-allotments-continuance-suspension-initiation-resumption-or-increase-whil--2e267362f6.md
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Source location: Title 37, Chapter 10, § 553; chapter-010-payments-to-missing-persons.md
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**(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-section552&num=0&edition=prelim).
**(f)** When the Secretary concerned officially reports that a member in a missing status is alive, the payments of allotments authorized by subsections (a)–(d) may, subject to [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim), be made until the date on which, in a case covered 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 receives evidence, or, in a case covered by chapter 76 of title 10, the Secretary concerned determines pursuant to that chapter, that the member is dead or has returned to the controllable jurisdiction of the department concerned.
**(g)** 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 have the payments of allotments authorized by subsections (a)–(d) continued, increased, or initiated.
**(h)** When the Secretary concerned considers it essential for the well-being and protection of the dependents of a member on active duty (other than a member 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)), he may, with or without the consent, and subject to termination at the request, of the member—
(1) direct the payment of a new allotment from the pay of the member;
(2) increase or decrease the amount of an allotment made by the member; and
(3) continue payment of an allotment of the member which has expired.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 552
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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)** In this section:
(1) The term “captive status” means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity.
(2) The term “former captive” means a person who, as a member of the uniformed services, was held in a captive status.
**(b)**
(1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553&num=0&edition=prelim) or any other provision of law.
(2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly.
(3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of [section 553(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553/c&num=0&edition=prelim) and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish.
(4) Any interest accruing under this subsection on—
(A) any amount for which a member is indebted to the U
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 559
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Federal law — U.S. Code and appendices · legal_authorities
Page 220
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 553
115–91, div. A, title VI, § 618(g), Dec. 12, 2017, 131
Stat. 1427.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
552(a) ......
50 App. 1002(a) (1st sen-
tence, less last 46
words).
Mar. 7, 1942, ch. 166,
§ 2(a); 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), 78 Stat. 437.
50 App. 1014 (as applica-
ble to § 1002(a) (1st sen-
tence)).
Mar. 7, 1942, ch. 166, § 14
(as applicable to § 2(a)
(1st and last sen-
tences)), 56 Stat. 147;
Apr. 4, 1953, ch. 17,
§ 1(e), 67 Stat. 21.
552(b) ......
50 App. 1002(a) (last 46
words of 1st sentence,
and 2d sentence).
552(c) ......
50 App. 1002(a) (3d sen-
tence).
552(d) ......
50 App. 1002(a) (last sen-
tence).
50 App. 1014 (as applica-
ble to § 1002(a) (last
sentence)).
552(e) ......
50 App. 1006 (2d sentence
as applicable to pay
and allowances).
Mar. 7, 1942, ch. 166, § 6
(2d sentence, as appli-
cable to pay and allow-
ances); added Dec. 24,
1942, ch. 828, § 1 (4th
par.), 56 Stat. 1093;
Aug. 14, 1964, Pub. L.
88–428, § 1(5)(B), 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.
In subsection (a), the first 22 words are substituted
for 50 App. U.S.C. 1002(a) (1st 66 words) to conform to
the definitions in 37 U.S.C. 101(3), (18), (20), (22), and (23)
and revised section 551(2) of this chapter. The words
‘‘pay and allowances, as defined in this chapter,’’ are
substituted for the enumeration of pay and allowances
in 50 App. U.S
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 553
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.