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37 U.S.C. § 427 — Family separation allowance

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 427 — Family separation allowance

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Source location: Title 37, Chapter 7, § 427; chapter-007-allowances-other-than-travel-and-transportation-allowances.md

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**(a) Entitlement to Allowance.—** (1) In addition to any allowance or per diem to which he otherwise may be entitled under this title a member of a uniformed service with dependents is entitled to a monthly allowance of not less than $300, and not more than $400, if— (A) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under [section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) and his dependents do not reside at or near that station; (B) he is on duty on board a ship away from the home port of the ship (or under orders to remain on board the ship while at the home port) for a continuous period of more than 30 days; or (C) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station. (2) A member who becomes entitled to an allowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of— (A) the first day of that period; or (B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the end of duty prescribed in such subparagraphs, if the member ceased being entitled to the previous allowance within 30 days before the first day of that period. **(b) Entitlement When No Residence or Household Maintained for Dependents.—** An allowance is payable under subsection (a) even though the member does not maintain for his primary dependents who would otherwise normally reside with him, a residence or household, subject to his management and control, which he is likely to share with them as a common household when his duty assignment permits. **(c) Effect of Election to Serve Unaccompanied Tour of Duty.—** (1) Except as provided in paragraph (2) or (3), a member who elects to serve a tour of duty unaccompanied by his dependents at a permanent station to which the movement of his dependents is authorized at the expense of the United States under [section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) is not entitled to an allowance under subsection (a)(1)(A). (2) The prohibition in the first sentence of paragraph (1) does not apply to a member who elects to serve an unaccompanied tour of duty because a dependent cannot accompany the member to or at that permanent station for certified medical reasons. (3) The Secretary concerned may waive paragraph (1) in situations in which it would be inequitable to deny the allowance to the member because of unusual family or operational circumstances. **(d) Entitlement While Spouse Entitled to Basic Pay.—** (1) A member married to another member of the uniformed services becomes entitled, regardless of any other dependency status, to an allowance under subsection (a) by virtue of duty prescribed in subparagraph (A), (B), or (C) of paragraph (1) of such subsection if the members were residing together immediately before being separated by reasons of execution of military orders. (2) If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, paragraph (1) shall continue to apply to the remaining member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection. (3) [Section 421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section421&num=0&edition=prelim) does not apply to bar the entitlement to an allowance under this section. Except as provided in paragraph (2), not more than one monthly allowance may be paid with respect to a married couple under this section.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 452 — Allowable travel and transportation: general authorities

**(a) In General.—** Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim). **(b) Specific Circumstances.—** The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim): (1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location. (2) Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location. (3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours. (4) Recruiting duties for the armed forces. (5) Assignment or detail to another Government department or agency. (6) Rest and recuperative leave. (7) Convalescent leave. (8) Reenlistment leave. (9) Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence. (10) Ready Reserve muster duty. (11) Unusual, extraordinary, hardship, or emergency circumstances. (12) Presence of family members at a military medical facility in

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 452

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 201 — Pay grades: assignment to; general rules

**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade. **(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1. **(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4. **(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5. **(e)** Except as provided by s

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 421 — Allowances: no increase while dependent is entitled to basic pay

A member of a uniformed service may not be paid an increased allowance under this chapter, on account of a dependent, for any period during which that dependent is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 406 — Renumbered § 476]

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

For the purpose of this subchapter— (1) “agency” means an Executive agency and a military department; (2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) “dependent” means— (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his designee; (4) “active service” means active Federal service by an employee; (5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially determined to be

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5561

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 310 — Special pay: duty subject to hostile fire or imminent danger

**(a) Eligibility.—** Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay under subsection (b) for any day or portion of a day in which— (1) the member was entitled to basic pay or compensation under section 204 or 206 of this title; and (2) the member— (A) was subject to hostile fire or explosion of hostile mines; (B) was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; (C) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or (D) was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions. **(b) Special Pay Amount.—** (1) Except as provided in paragraph (2), the amount of special pay authorized by subsection (a) for qualifying service during a day or portion of a day shall be the amount equal to 1/30th of the maximum monthly amount of special pay payable to a member as specified in paragraph (3). (2) In the case of a member who is exposed to hostile fire or a hostile mine explosion event in or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection (a) for such service in an amount not to exceed the maximum monthly amount of special pay payable to a member as specified in paragraph (3). (3) The maximum monthly amount of special pay payable to a member under this subsection for any mont

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 310

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 402a — Supplemental subsistence allowance for low-income members with dependents

**(a) Supplemental Allowance Required.—** (1) The Secretary concerned shall increase the basic allowance for subsistence to which a member of the armed forces described in subsection (b) is otherwise entitled under [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section402&num=0&edition=prelim) by an amount (in this section referred to as the “supplemental subsistence allowance”) designed to remove the member’s household from eligibility for benefits under the supplemental nutrition assistance program. (2) The supplemental subsistence allowance may not exceed $1,100 per month. In establishing the amount of the supplemental subsistence allowance to be paid an eligible member under this paragraph, the Secretary shall take into consideration the amount of the basic allowance for housing that the member receives under [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) or would otherwise receive under such section, in the case of a member who is not entitled to that allowance as a result of assignment to quarters of the United States or a housing facility under the jurisdiction of a uniformed service. (3) In the case of a member described in subsection (b) who establishes to the satisfaction of the Secretary concerned that the allotment of the member’s household under the supplemental nutrition assistance program, calculated in the absence of the supplemental subsistence allowance, would exceed the amount established by the Secretary concerned under paragraph (2), the amount of the supplemental subsistence allowance for the member shall be equal to the lesser of the following: (A) The value of that allotment. (B) $1,100. **(b) Members Enti

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 402a

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 427 — Family separation allowance

Page 191 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 427 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. [§ 426. Repealed. Pub. L. 90–377, § 10, July 5, 1968, 82 Stat. 288] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 480, pro- vided for payment to persons confined in a naval con- finement facility under sentence of a court-martial of not more than $3 a month for necessary expenses, such payments to be made from appropriations for pay of Navy or Marine Corps. § 427. Family separation allowance (a) ENTITLEMENT TO ALLOWANCE.—(1) In addi- tion to any allowance or per diem to which he otherwise may be entitled under this title a member of a uniformed service with dependents is entitled to a monthly allowance of not less than $250, and not more than $400, if— (A) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 452 of this title and his dependents do not reside at or near that sta- tion; (B) he is on duty on board a ship away from the home port of the ship (or under orders to remain on board the ship while at the home port) for a continuous period of more than 30 days; or (C) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station. (2) A member who becomes entitled to an al- lowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of para- graph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of— (A) the first day of that period; or (B) the first day the member ceased being ent

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 427

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