37 U.S.C. § 552 — Pay and allowances; continuance while in

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 unnecessary in view of the accepted recognition of the fact that the word ‘‘wife’’ means a lawful wife. In clause (1)(E), the words ‘‘Secretary concerned, or his designee’’ are sub- stituted for ‘‘head of the department concerned, or sub- ordinate designated by him’’ to conform to the defini- tion in 37 U.S.C. 101(5). The definitions of ‘‘person’’, ‘‘active service’’, and ‘‘department’’, respectively, in 50 App. U.S.C. 1001(a)(1), (b), and (d) are omitted as unnec- essary in view of the definitions of ‘‘member’’, ‘‘uni- formed services’’, ‘‘active service’’, and ‘‘Secretary con- cerned’’, in 37 U.S.C. 101(3), (5), (20), and (23). The definitions in clauses (2) and (3), which do not ap- pear in, but are based on, the source law are created for legislative convenience. Editorial Notes AMENDMENTS 1997—Par. (3)(D). Pub. L. 105–85 substituted ‘‘housing’’ for ‘‘quarters’’. 1987—Pub. L. 100–26 substituted ‘‘In this chapter:’’ for ‘‘In this chapter—’’, inserted ‘‘The term’’ at beginning of pars. (1) to (3), and substituted period for semicolon at end of par. (1) and period for ‘‘; and’’ at end of par. (2). 1985—Par. (1)(A). Pub. L. 99–145 substituted ‘‘spouse’’ for ‘‘wife’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees. § 552. Pay and allowances; continuance while in a missing status; limitations (a) A member of a uniformed service who is on active duty or performing inactive-duty train- ing, and who is in a missing status, is— (1) for the period he is in that status, enti- tled 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 be- come entitled; and (2) for the period, not to exceed one year, re- quired for his hospitalization and rehabilita- tion after termination of that status, under regulations prescribed by the Secretaries con- cerned, with respect to incentive pay, consid- ered to have satisfied the requirements of sec- tion 301 or section 351(a)(2) of this title 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 sec- tion 1523 of title 10 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 serv- ice 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 evi- dence that the member is dead; or (2) that his death is prescribed or determined under section 555 of this title or under chapter 76 of title 10. (c) A member is not entitled to pay and allow- ances 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 enti- tled 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 pre- scribed by competent authority. (e) A member in a missing status who is con- tinued in that status under section 555 of this title or under chapter 76 of title 10 is entitled to be credited with pay and allowances under sub- section (a). (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 625; amended Pub. L. 92–169, § 1, Nov. 24, 1971, 85 Stat. 489; Pub. L. 92–482, Oct. 12, 1972, 86 Stat. 796; Pub. L. 93–26, § 1, Apr. 27, 1973, 87 Stat. 26; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title V, § 569(c)(2), Feb. 10, 1996, 110 Stat. 351; Pub. L. 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.C. 1002(a) (1st sentence) to conform to the definition in revised section 551(3) of this chapter. The words ‘‘on active duty’’ are substituted for ‘‘per- forming full-time active duty’’ to conform to the defi- nition in 37 U.S.C. 101(18). In subsection (b), the first sentence is substituted for 50 App. U.S.C. 1002(a) (1st 21 words of 2d sentence). The words ‘‘or employment’’ are omitted as inapplicable to members of the uniformed services. The words ‘‘entitle- ment to pay and allowances under subsection (a) of this section’’ are substituted for ‘‘Such entitlement to pay and allowances’’ for clarity. The words ‘‘Notwith- standing the death of a member while in a missing sta- tus’’ are substituted for 50 App. U.S.C. 1002(a) (2d sen- tence, less 1st 21 words). The word ‘‘member’’ is sub- stituted for ‘‘person’’ and the word ‘‘Secretary’’ is sub- stituted for ‘‘department’’ to conform to the definitions in 37 U.S.C. 101(5) and (23). In subsection (c), the words ‘‘A member’’ are sub- stituted for ‘‘such person’’. The words ‘‘under sub- section (a) of this section’’ are inserted for clarity. The words ‘‘United States’’ are substituted for ‘‘Govern- ment’’ to conform to the style of title 37. In subsection (d), the words ‘‘A member . . . he . . . in a missing status’’ are substituted for ‘‘Persons’’, ‘‘such persons’’, and the enumerated absent stata to conform to the definitions in 37 U.S.C. 101(23) and re- vised section 551(2) of this chapter. In subsection (e), the words ‘‘A member in a missing status’’ are substituted for ‘‘a person missing under the conditions specified in section 2 of this Act’’ to conform to the definition in revised section 551(2) of this chap- ter. The words ‘‘under subsection (a) of this section’’ are substituted for ‘‘as provided in section 2 of this Act’’. Editorial Notes AMENDMENTS 2017—Subsec. (a)(2). Pub. L. 115–91 inserted ‘‘or sec- tion 351(a)(2)’’ after ‘‘section 301’’. 1996—Subsec. (a). Pub. L. 104–106, § 569(c)(2)(A), sub- stituted ‘‘for all purposes’’ for ‘‘for all purposes, even though the Secretary concerned determines under sec- tion 556(b) of this title that the member died before the promotion was made’’. Subsec. (b)(2). Pub. L. 104–106, § 569(c)(2)(B), inserted ‘‘or under chapter 76 of title 10’’ before period at end. Subsec. (e). Pub. L. 104–106, § 569(c)(2)(C), inserted ‘‘or under chapter 76 of title 10’’ after ‘‘section 555 of this title’’. 1991—Subsecs. (b), (c), (e). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a)’’ wherever ap- pearing. 1973—Subsec. (a). Pub. L. 93–26 provided for full effec- tiveness for all purposes of promotion of a member while he is in a missing status notwithstanding a deter- mination of the Secretary of death of the member be- fore the making of the promotion. 1972—Subsec. (a). Pub. L. 92–482 designated existing provisions as cl. (1), added cl. (2), and struck out provi- sions relating to effectiveness of the promotion of a member of the uniformed services while he is in a miss- ing status and the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made. 1971—Subsec. (a). Pub. L. 92–169 provided that pro- motion of a member of the uniformed services while he is in a missing status is fully effective for all purposes even though the Secretary concerned determines that the member died before the promotion was made. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–26, § 2, Apr. 27, 1973, 87 Stat. 26, provided that: ‘‘For the purposes of chapter 13 [§ 1301 et seq.] of title 38, United States Code, this Act [amending this section] becomes effective as of November 24, 1971. For all other purposes this Act becomes effective as of Feb- ruary 28, 1961.’’ EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–169 effective for the pur- poses of chapter 13 (§ 1301 et seq.) of Title 38, Veterans’ Benefits, on Nov. 24, 1971, and for all other purposes ef- fective as of Feb. 28, 1961, see section 3 of Pub. L. 92–169, set out as a note under section 1302 of Title 38. § 553. Allotments; continuance, suspension, initi- ation, resumption, or increase while in a missing status; limitations (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. (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 cir- cumstances and payable for the period the mem- ber is entitled to pay and allowances under sec- tion 552 of this title. (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 al-