10 U.S.C. § 1476 — Death gratuity: death after discharge or

Page 1400 TITLE 10—ARMED FORCES § 1476 sistance to survivors and next of kin of military dece- dents in order to conform such policies and procedures to the policy developed under subsection (a). ‘‘(d) REPORT ON IMPROVEMENT OF CASUALTY ASSIST- ANCE PROGRAMS.—Not later than December 1, 2006, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a re- port that includes— ‘‘(1) the assessment of the Secretary of the ade- quacy and sufficiency of the current casualty assist- ance programs of the military departments; ‘‘(2) a plan for a system for the uniform provision to survivors of military decedents of personalized, ac- curate, and integrated information on the benefits and financial assistance available to such survivors through the casualty assistance programs of the mili- tary departments under subsection (c); and ‘‘(3) such recommendations for other legislative or administrative action as the Secretary considers ap- propriate to enhance and improve such programs to achieve their intended purposes. ‘‘(e) GAO REPORT.— ‘‘(1) REPORT REQUIRED.—Not later than July 1, 2006, the Comptroller General shall submit to the commit- tees specified in subsection (d) a report on the evalua- tion by the Comptroller General of the casualty as- sistance programs of the Department of Defense and of such other departments and agencies of the Fed- eral Government as provide casualty assistance to survivors and next of kin of military decedents. ‘‘(2) ASSESSMENT.—The report shall include the as- sessment of the Comptroller General of the adequacy of the current policies and procedures of, and funding for, the casualty assistance programs covered by the report to achieve their intended purposes.’’ § 1476. Death gratuity: death after discharge or release from duty or training (a)(1) Except as provided in section 1480 of this title, the Secretary concerned shall pay a death gratuity to or for the survivors prescribed in section 1477 of this title of each person who dies within 120 days after discharge or release from— (A) active duty; or (B) inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service). (2) A death gratuity may be paid under para- graph (1) only if the Secretary of Veterans Af- fairs determines that the death resulted from an injury or disease incurred or aggravated dur- ing— (A) the active duty or inactive-duty training described in paragraph (1); or (B) travel directly to or from such duty. (b) For the purpose of this section, the stand- ards and procedures for determining the incur- rence or aggravation of a disease or injury are those applicable under the laws relating to dis- ability compensation administered by the De- partment of Veterans Affairs, except that there is no requirement under this section that any incurrence or aggravation have been in line of duty. (c) This section does not apply to the survivors of persons who were temporary members of the Coast Guard Reserve at the time of their death. (Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 99–661, div. A, title VI, § 604(e)(2), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), (2), Nov. 29, 1989, 103 Stat. 1602, 1603.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1476(a) ..... 1476(b) ..... 1476(c) ..... 1476(d) ..... 38:1133(a). 38:1101(4)(D) (as applica- ble to 38:1133(a)). 38:1101(5)(D) (as applica- ble to 38:1133(a)). 38:1101(6)(B)(ii) (as appli- cable to 38:1133(a)). 38:1133(c). 38:1101(2) (last sentence, as applicable to death gratuity under 38:1133(a)). 38:1101(6)(A) (clause (3) of 2d sentence, as applica- ble to death gratuity under 38:1133(a)). Aug. 1, 1956, ch. 837, §§ 102(2) (last sentence, as applicable to death gratuity under § 303(a)), 102(4)(D) (as applicable to § 303(a)), 102(5)(D) (as applicable to § 303(a)), 102(6)(A) (clause (3) of 2d sentence, as applica- ble to death gratuity under § 303(a)), 102(6)(B)(ii) (as applica- ble to § 303(a)), 303(a), (c), 70 Stat. 858, 859, 868, 869. In subsection (a), the words ‘‘Except as provided in section 1480 of this title’’ are inserted to reflect 38:1134(a). The words ‘‘to the survivor prescribed by sec- tion 1477 of this title’’ are inserted for clarity. The words ‘‘on or after January 1, 1957’’ are omitted as exe- cuted. The words in parentheses in clause (2) are in- serted to reflect 38:1101(6)(A) (2d sentence). The words ‘‘active duty for training’’ are omitted as covered by the definition of ‘‘active duty’’ in section 101(22) of this title. In subsection (c), the word ‘‘criteria’’ is omitted as covered by the word ‘‘standards’’. Editorial Notes AMENDMENTS 1989—Subsec. (a)(2). Pub. L. 101–189, § 1621(a)(2), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’. Subsec. (b). Pub. L. 101–189, § 1621(a)(1), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. 1986—Pub. L. 99–661 added subsec. (a), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsecs. (a) and (b) which read as fol- lows: ‘‘(a) Except as provided in section 1480 of this title, the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by section 1477 of this title of each person who dies within 120 days after his discharge or release from— ‘‘(1) active duty; or ‘‘(2) inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service); if the Administrator of Veterans’ Affairs determines that the death resulted from (A) disease or injury in- curred or aggravated while performing duty under clause (1) or the travel described in subsection (b), or (B) injury incurred or aggravated while performing training under clause (2) or the travel described in sub- section (b)(2). ‘‘(b) The travel covered by subsection (a) is— ‘‘(1) authorized travel to or from the duty described in subsection (a)(1); or ‘‘(2) travel directly to or from the duty or training described in subsection (a)(1) or (2) that is performed by a Reserve who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform that duty or training and whose injury was incurred or aggravated after De- cember 31, 1956.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate Page 1401 TITLE 10—ARMED FORCES § 1477 an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1477. Death gratuity: eligible survivors (a) DESIGNATION OF RECIPIENTS.—(1) On and after July 1, 2008, or such earlier date as the Sec- retary of Defense may prescribe, a person cov- ered by section 1475 or 1476 of this title may des- ignate one or more persons to receive all or a portion of the amount payable under section 1478 of this title. The designation of a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the des- ignated person may receive. The balance of the amount of the death gratuity, if any, shall be paid in accordance with subsection (b). (2) If a person covered by section 1475 or 1476 of this title has a spouse, but designates a per- son other than the spouse to receive all or a por- tion of the amount payable under section 1478 of this title, the Secretary concerned shall provide notice of the designation to the spouse. (b) DISTRIBUTION OF REMAINDER; DISTRIBUTION IN ABSENCE OF DESIGNATED RECIPIENT.—If a per- son covered by section 1475 or 1476 of this title does not make a designation under subsection (a) or designates only a portion of the amount payable under section 1478 of this title, the amount of the death gratuity not covered by a designation shall be paid as follows: (1) To the surviving spouse of the person, if any. (2) If there is no surviving spouse, to any surviving children (as prescribed by subsection (d)) of the person and the descendants of any deceased children by representation. (3) If there is none of the above, to the sur- viving parents (as prescribed by subsection (c)) of the person or the survivor of them. (4) If there is none of the above, to the duly- appointed executor or administrator of the es- tate of the person. (5) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person’s death. (c) TREATMENT OF PARENTS.—For purposes of subsection (b)(3), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the dece- dent entered a status described in section 1475 or 1476 of this title. (d) TREATMENT OF CHILDREN.—Subsection (b)(2) applies, without regard to age or marital status, to— (1) legitimate children; (2) adopted children; (3) stepchildren who were a part of the dece- dent’s household at the time of his death; (4) illegitimate children of a female dece- dent; and (5) illegitimate children of a male decedent— (A) who have been acknowledged in writ- ing signed by the decedent; (B) who have been judicially determined, before the decedent’s death, to be his chil- dren; (C) who have been otherwise proved, by evidence satisfactory to the Secretary of Veterans Affairs, to be children of the dece- dent; or (D) to whose support the decedent had been judicially ordered to contribute. (e) EFFECT OF DEATH BEFORE RECEIPT OF GRA- TUITY.— If a person entitled to all or a portion of a death gratuity under subsection (a) or (b) dies before the person receives the death gra- tuity, it shall be paid to the living survivor next in the order prescribed by subsection (b). (Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1453; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 110–28, title III, § 3306, May 25, 2007, 121 Stat. 136; Pub. L. 110–181, div. A, title VI, § 645(a), (b), Jan. 28, 2008, 122 Stat. 158, 159; Pub. L. 110–417, [div. A], title X, § 1061(a)(4), Oct. 14, 2008, 122 Stat. 4612.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1477(a) ..... 1477(b) ..... 38:1131(c) (less words in parentheses in clause (2)). 38:1134(d). 38:1101(7) (as applicable to children and as ap- plicable to death gra- tuity). Aug. 1, 1956, ch. 837, §§ 102(7) (as applicable to death gratuity), 301(c), (d), 304(d), 70 Stat. 860, 868, 869. 38:1131(c) (words in pa- rentheses in clause (2)). 1477(c) ..... 38:1101(7) (less applica- bility to children, as applicable to death gratuity). 1477(d) ..... 38:1131(d). In subsection (a), the words ‘‘highest on the following list’’ are substituted for the words ‘‘first listed below’’, in 38:1131(c). The words ‘‘as prescribed by subsection (b)’’ are inserted in clause (2) to reflect that subsection. The words ‘‘or persons in loco parentis, as prescribed by subsection (c)’’ are inserted in clauses (3) (A) and (4) to reflect the fact that certain persons who are not par- ents in the normal sense are included as eligible sur- vivors. In subsection (d), the words ‘‘the death gratuity’’ are substituted for the words ‘‘the amount to which he is entitled under this subchapter’’. The words ‘‘next in the order prescribed’’ are substituted for the words ‘‘first listed under’’. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181, § 645(a)(3), added subsec. (a) and struck out former subsec. (a) which re- quired a death gratuity payable upon the death of a person covered by section 1475 or 1476 of this title to be paid to or for the living survivor highest on a specified list. Subsec. (b). Pub. L. 110–181, § 645(a)(3), added subsec. (b). Former subsec. (b) redesignated (d).