42 U.S.C. § 213 — Military benefits

Page 78 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 212a of the Public Health Service on active duty on June 30, 1960.’’ COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT Creditable service for purposes of the Civil Service Retirement Act for certain commissioned officers of the Regular or Reserve Corps of the Public Health Service, see section 6(a), (b) of Pub. L. 86–415, set out as a note under section 8332 of Title 5, Government Orga- nization and Employees. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 212a. Repealed. Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936 Section, act July 1, 1944, ch. 373, title XIII, § 1312, for- merly title VII, § 712, as added Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47; renumbered title VIII, § 812, July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; renumbered title IX, § 912, Sept. 4, 1964, Pub. L. 88–581, § 4(b), 78 Stat. 919; renumbered title X, § 1012, Oct. 6, 1965, Pub. L. 89–239, § 3(b), 79 Stat. 931; renumbered title XI, § 1112, Dec. 24, 1970, Pub. L. 91–572, § 6(b), 84 Stat. 1506; renumbered title XII, § 1212, May 16, 1972, Pub. L. 92–294, § 3(b), 86 Stat. 137; renum- bered title XIII, § 1312, Nov. 16, 1973, Pub. L. 93–154, § 2(b)(2), 87 Stat. 604, provided for retirement of certain officers of Reserve Corps of the Public Health Service for disability. § 212b. Repealed. Apr. 27, 1956, ch. 211, § 5(d), 70 Stat. 117 Section, act July 31, 1953, ch. 296, title II, § 201, 67 Stat. 254, authorized recall of retired officers of the Service. See section 212(c) of this title. § 213. Military benefits (a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors Except as provided in subsection (b), commis- sioned officers of the Service and their surviving beneficiaries shall, with respect to active serv- ice performed by such officers— (1) in time of war; (2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or (3) while the Service is part of the military forces of the United States pursuant to Execu- tive order of the President; be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of com- missioned officers of the Army or their sur- viving beneficiaries on account of active mili- tary service, except retired pay and uniform al- lowances. (b) Award of decorations The President may prescribe the conditions under which commissioned officers of the Serv- ice may be awarded military ribbons, medals, and decorations. (c) Authority of Surgeon General The authority vested by law in the Depart- ment of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General. (d) Active service deemed active military service with respect to laws administered by Sec- retary of Veterans Affairs Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and section 417 of this title. (e) Active service deemed active military service with respect to Servicemembers Civil Relief Act Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter pro- vided under the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.) [now 50 U.S.C. 3901 et seq.]. (f) Active service deemed active military service with respect to anti-discrimination laws Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws related to dis- crimination on the basis of race, color, sex, eth- nicity, age, religion, and disability. (July 1, 1944, ch. 373, title II, § 212, 58 Stat. 689; July 15, 1954, ch. 507, § 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V, § 501(b)(1), 70 Stat. 881; Pub. L. 94–278, title XI, § 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102–54, § 13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105–392, title IV, § 402(a), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 108–189, § 2(e), Dec. 19, 2003, 117 Stat. 2866.) Editorial Notes REFERENCES IN TEXT The Servicemen’s Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bo- nuses, and Veterans’ Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886. The Servicemembers Civil Relief Act, referred to in subsec. (e), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which was classified to section 501 et seq. of the former Page 79 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 213 Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chap- ter 50 (§ 3901 et seq.) of Title 50. For complete classifica- tion of this Act to the Code, see Tables. AMENDMENTS 2003—Subsec. (e). Pub. L. 108–189 substituted ‘‘Servicemembers Civil Relief Act’’ for ‘‘Soldiers’ and Sailors’ Civil Relief Act of 1940’’. 1998—Subsec. (f). Pub. L. 105–392 added subsec. (f). 1991—Subsec. (d). Pub. L. 102–54 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. 1976—Subsec. (e). Pub. L. 94–278 added subsec. (e). 1956—Act Aug. 1, 1956, amended section generally to extend all rights, privileges, immunities, and benefits provided for commissioned officers of the Army or their surviving beneficiaries to commissioned officers of the Service, with the exception of retired pay and uniform allowances, when performing duty under certain cir- cumstances, and to provide that active service of com- missioned officers shall be deemed to be active military service in the Armed Forces for the purposes of all laws administered by the Veterans’ Administration (except the Servicemen’s Indemnity Act of 1951) and section 417 of this title. 1954—Subsec. (a)(1). Act July 15, 1954, struck out ‘‘burial payments in the event of death,’’ after ‘‘limited to,’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY Act Aug. 1, 1956, ch. 837, title V, § 501(b)(2), 70 Stat. 882, provided that: ‘‘The amendment made by this sub- section [amending this section] (A) shall apply only with respect to service performed on or after July 4, 1952, (B) shall not be construed to affect the entitle- ment of any person to benefits under the Veterans’ Re- adjustment Assistance Act of 1952 [act July 16, 1952, ch. 875, 66 Stat. 633], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [42 U.S.C. 402(i)], or under Veterans Regulation Numbered 9(a), for any death occurring prior to Janu- ary 1, 1957, and (D) shall not be construed to authorize payment of any benefits for any period prior to Janu- ary 1, 1957.’’ 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. RECOMPUTATION OF SOCIAL SECURITY BENEFITS FOR OFFICERS ENTITLED TO OLD-AGE INSURANCE BENE- FITS PRIOR TO JANUARY 1, 1957, OR FOR SURVIVORS OF OFFICERS WHO DIED PRIOR TO JANUARY 1, 1957 Act Aug. 1, 1956, ch. 837, title V, § 501(b)(3), 70 Stat. 882, provided that: ‘‘In the case of any individual— ‘‘(A) who performed active service (i) as a commis- sioned officer of the Public Health Service at any time during the period beginning July 4, 1952, and ending December 31, 1956, or (ii) as a commissioned officer of the Coast and Geodetic Survey at any time during the period beginning July 29, 1945, and ending December 31, 1956; and ‘‘(B)(i) who became entitled to old-age insurance benefits under section 202(a) of the Social Security Act [42 U.S.C. 402(a)] prior to January 1, 1957, or ‘‘(ii) who died prior to January 1, 1957, and whose widow, child, or parent is entitled for the month of January 1957, on the basis of his wages and self-em- ployment income, to a monthly survivor’s benefit under section 202 of such act [42 U.S.C. 402]; and ‘‘(C) any part of whose service described in subpara- graph (A) was not included in the computation of his primary insurance amount under section 215 of such act [42 U.S.C. 415] but would have been included in such computation if the amendment made by para- graph (1) of this subsection or paragraph (1) of sub- section (d) had been effective prior to the date of such computation, the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)], recompute the primary insurance amount of such individual upon the filing of an applica- tion, after December 1956, by him or (if he dies without filing such an application) by any person entitled to monthly survivor’s benefits under section 202 of such act [42 U.S.C. 402] on the basis of his wages and self-em- ployment income. Such recomputation shall be made only in the manner, provided in title II of the Social Security Act [42 U.S.C. 401 et seq.] as in effect at the time of the last previous computation or recomputa- tion of such individual’s primary insurance amount, and as though application therefor was filed in the month in which application for such last previous com- putation or recomputation was filed. No recomputation made under this paragraph shall be regarded as a re- computation under section 215(f) of the Social Security Act [42 U.S.C. 415(f)]. Any such recomputation shall be effective for and after the twelfth month before the month in which the application was filed, but in no case for any month before January 1957.’’ DISPOSITION OF REMAINS OF DECEASED PERSONNEL Recovery, care, and disposition of the remains of de- ceased members of the uniformed services and other de- ceased personnel, see section 1481 et seq. of Title 10, Armed Forces. BURIAL OF CERTAIN COMMISSIONED OFFICERS Act Apr. 30, 1956, ch. 227, 70 Stat. 124, provided: ‘‘That burial in national cemeteries of the remains of commis- sioned officers of the United States Public Health Serv- ice who were detailed for duty with the Army or Navy during World War I pursuant to the act of July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order Numbered 2571 dated April 3, 1917, and of the wife, widow, minor child and, in the discretion of the Sec- retary of the Army, unmarried adult child of these offi- cers is authorized: Provided, That the remains of the wife, widow, and children may, in the discretion of the Secretary of the Army, be removed from a national cemetery proper and interred in the post section of a national cemetery if, upon death, the related officer is not buried in the same or an adjoining gravesite.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. DELEGATION OF AUTHORITY Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 3485, provided: Memorandum for the Secretary of Defense, the Sec- retary of Health and Human Services Page 80 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 213a 1 See References in Text note below. The authority of the President under section 212(b) of the Public Health Service Act (42 U.S.C. 213(b)) is here- by delegated to the Secretary of Defense. In the exer- cise of that authority, the Secretary of Defense shall ensure that no military ribbon, medal, or decoration is awarded to an officer of the Public Health Service without the approval of the Secretary of Health and Human Services. The Secretary of Defense shall ensure the publication of this memorandum in the Federal Register. GEORGE BUSH. § 213a. Rights, benefits, privileges, and immuni- ties for commissioned officers or bene- ficiaries; exercise of authority by Secretary or designee (a) Commissioned officers of the Service or their surviving beneficiaries are entitled to all the rights, benefits, privileges, and immunities now or hereafter provided for commissioned offi- cers of the Army or their surviving beneficiaries under the following provisions of title 10: (1) Section 1036,1 Escorts for dependents of members: transportation and travel allow- ances. (2) Chapter 61, Retirement or Separation for Physical Disability, except that sections 1201, 1202, and 1203 do not apply to commissioned of- ficers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days. (3) Chapter 69, Retired Grade, except sec- tions 1370,1 1374,1 1375 and 1376(a).1 (4) Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401.1 (5) Chapter 73, Retired Serviceman’s Family Protection Plan; Survivor Benefit Plan. (6) Chapter 75, Death Benefits. (7) Section 2771, Final settlement of ac- counts: deceased members. (8) Chapter 163, Military Claims, but only when commissioned officers of the Service are entitled to military benefits under section 213 of this title. (9) Section 2603, Acceptance of fellowships, scholarships, or grants. (10) Section 2634,1 Motor vehicles: for mem- bers on permanent change of station. (11) Section 1035, Deposits of Savings. (12) Section 1552, Correction of military rec- ords: claims incident thereto. (13) Section 1553, Review of discharge or dis- missal. (14) Section 1554, Review of retirement or separation without pay for physical disability. (15) Section 1124, Cash awards for sugges- tions, inventions, or scientific achievements. (16) Section 1052, Reimbursement for adop- tion expenses. (17) Section 1059, Transitional compensation and commissary and exchange benefits for de- pendents of members separated for dependent abuse. (18) Section 1034, Protected Communica- tions; Prohibition of Retaliatory Personnel Actions. (19) Chapter 1223, Retired Pay for Non-Reg- ular Service. (20) Section 12601, Compensation: Reserve on active duty accepting from any person. (21) Section 12684, Reserves: separation for absence without authority or sentence to im- prisonment. (b)(1) The authority vested by title 10 in the ‘‘military departments’’, ‘‘the Secretary con- cerned’’, or ‘‘the Secretary of Defense’’ with re- spect to the rights, privileges, immunities, and benefits referred to in subsection (a) shall be ex- ercised, with respect to commissioned officers of the Service, by the Secretary of Health and Human Services or the designee of such Sec- retary. (2) For purposes of paragraph (18) of subsection (a), the term ‘‘Inspector General’’ in section 1034 of such title 10 shall mean the Inspector General of the Department of Health and Human Serv- ices. (3) For purposes of paragraph (19) of subsection (a), the terms ‘‘Military department’’, ‘‘Sec- retary concerned’’, and ‘‘Armed forces’’ in such title 10 shall be deemed to include, respectively, the Department of Health and Human Services, the Secretary of Health and Human Services, and the Commissioned Corps. (July 1, 1944, ch. 373, title II, § 221, as added Aug. 10, 1956, ch. 1041, § 4, 70A Stat. 619; amended Pub. L. 85–861, § 4, Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86–160, § 3, Aug. 14, 1959, 73 Stat. 359; Pub. L. 87–555, § 2, July 27, 1962, 76 Stat. 244; Pub. L. 88–132, § 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88–431, § 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89–538, § 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92–425, § 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96–76, title III, § 312, Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–513, title V, § 507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99–117, § 4, Oct. 7, 1985, 99 Stat. 492; Pub. L. 105–85, div. A, title VI, § 653(a), Nov. 18, 1997, 111 Stat. 1804; Pub. L. 107–107, div. A, title VI, § 653(a), Dec. 28, 2001, 115 Stat. 1153; Pub. L. 112–144, title XI, § 1129, July 9, 2012, 126 Stat. 1118; Pub. L. 116–136, div. A, title III, § 3214(d), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes REFERENCES IN TEXT Section 1036 of title 10, referred to in subsec. (a)(1), was repealed by Pub. L. 113–66, div. A, title VI, § 621(a)(2)(A), Dec. 26, 2013, 127 Stat. 783. Section 1370 of title 10, referred to in subsec. (a)(3), was repealed and new sections 1370 and 1370a of Title 10, Armed Forces, were enacted by Pub. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3580. For provi- sions stating that in determining retired grade of cer- tain commissioned officers of the Armed Forces who re- tire after Jan. 1, 2021, any reference to section 1370 of Title 10 in such determination with respect to such offi- cers is deemed to be a reference to section 1370a of Title 10, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of Title 10. Sections 1374 and 1376(a) of title 10, referred to in sub- sec. (a)(3), were repealed by Pub. L. 103–337, div. A, title XVI, § 1662(k)(2), (3)(A)(i), Oct. 5, 1994, 108 Stat. 3006. See sections 12771 to 12774 of Title 10, Armed Forces. Formula No. 3 of section 1401 of title 10, referred to in subsec. (a)(4), was struck from the table set forth in section 1401(a) of title 10 by Pub. L. 103–337, div. A, title XVI, § 1662(j)(2), Oct. 5, 1994, 108 Stat. 3004. Section 2634 of title 10, referred to in subsec. (a)(10), was repealed by Pub. L. 113–66, div. A, title VI, § 621(g)(1), Dec. 26, 2013, 127 Stat. 784. CODIFICATION Section was formerly classified to section 316 of title 37 prior to the general revision and enactment of Title