24 U.S.C. § 420 — Disposition of effects of deceased persons;

Page 45 TITLE 24—HOSPITALS AND ASYLUMS § 420 States any monies in the Fund that the Chief Operating Officer determines are not currently needed to pay for the operation of the Retire- ment Home. (d) Reporting requirements The Chief Financial Officer of the Armed Forces Retirement Home shall comply with the reporting requirements of subchapter II of chap- ter 35 of title 31. (Pub. L. 101–510, div. A, title XV, § 1519, Nov. 5, 1990, 104 Stat. 1730; Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(2), 1410(a)(2), (b)(2), Dec. 28, 2001, 115 Stat. 1260, 1266; Pub. L. 110–181, div. A, title XIV, § 1422(g), Jan. 28, 2008, 122 Stat. 423; Pub. L. 112–81, div. A, title V, § 567(b)(1), Dec. 31, 2011, 125 Stat. 1425.) Editorial Notes AMENDMENTS 2011—Subsec. (a)(2). Pub. L. 112–81 substituted ‘‘Chief Operating Officer’’ for ‘‘Retirement Home Board’’. 2008—Subsec. (d). Pub. L. 110–181 added subsec. (d). 2001—Pub. L. 107–107, § 1410(a)(2), inserted ‘‘Armed Forces’’ before ‘‘Retirement Home Trust Fund’’ in sec- tion catchline. Subsec. (c). Pub. L. 107–107, § 1404(b)(2), substituted ‘‘Chief Operating Officer’’ for ‘‘Director’’. Subsec. (d). Pub. L. 107–107, § 1410(b)(2), struck out heading and text of subsec. (d). Text read as follows: ‘‘(1) During the period beginning on November 5, 1990, and ending on September 30, 1994, the Fund shall con- tain a separate account for each establishment of the Retirement Home. During that period, contributions shall be collected under subsection (a) of this section for the account of the Naval Home for the purpose of achieving a trust fund five times the estimated annual operating budget of the Naval Home. ‘‘(2) Beginning on November 5, 1990, funds required for the operation of the United States Soldiers’ and Air- men’s Home shall be drawn from the appropriate ac- count. Beginning on October 1, 1991, funds required for the operation of the Naval Home shall be drawn from the account of the Naval Home. ‘‘(3) During the period beginning on November 5, 1990, and ending on September 30, 1994— ‘‘(A) amounts collected as monthly fees paid by residents of the Naval Home and amounts referred to in subsections (a)(4) and (a)(5) of this section derived from enlisted members, warrant officers, and limited duty officers of the Navy, Marine Corps, and Coast Guard shall be credited to the account relating to that establishment; and ‘‘(B) amounts collected as monthly fees paid by residents of the United States Soldiers’ and Airmen’s Home and amounts referred to in subsections (a)(4) and (a)(5) of this section derived from members and warrant officers of the Army and Air Force shall be credited to the account relating to that establish- ment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 5, 1990, see section 1541(b) of Pub. L. 101–510, formerly set out as a note under section 401 of this title. § 420. Disposition of effects of deceased persons; unclaimed property (a) Disposition of effects of deceased persons The Administrator of a facility of the Retire- ment Home shall safeguard and dispose of the estate and personal effects of deceased residents, including effects delivered to such facility under sections 7712(f) and 9712(f) of title 10, and shall ensure the following: (1) A will or other instrument of a testa- mentary nature involving property rights exe- cuted by a resident shall be promptly deliv- ered, upon the death of the resident, to the proper court of record. (2) If a resident dies intestate and the heirs or legal representative of the deceased cannot be immediately ascertained, the Adminis- trator shall retain all property left by the de- cedent for a three-year period beginning on the date of the death. If entitlement to such property is established to the satisfaction of the Administrator at any time during the three-year period, the Administrator shall dis- tribute the decedent’s property, in equal pro- rata shares when multiple beneficiaries have been identified, to the highest following cat- egories of identified survivors (listed in the order of precedence indicated): (A) The surviving spouse or legal rep- resentative. (B) The children of the deceased. (C) The parents of the deceased. (D) The siblings of the deceased. (E) The next-of-kin of the deceased. (b) Sale of effects (1)(A) If the disposition of the estate of a resi- dent of the Retirement Home cannot be accom- plished under subsection (a)(2) or if a resident dies testate and the nominated fiduciary, legatees, or heirs of the resident cannot be im- mediately ascertained, the entirety of the de- ceased resident’s domiciliary estate and the en- tirety of any ancillary estate that is unclaimed at the end of the three-year period beginning on the date of the death of the resident shall es- cheat to the Retirement Home. (B) Upon the sale of any such unclaimed estate property, the proceeds of the sale shall be depos- ited in the Armed Forces Retirement Home Trust Fund. (C) If a personal representative or other fidu- ciary is appointed to administer a deceased resi- dent’s estate and the administration is com- pleted before the end of such three-year period, the balance of the entire net proceeds of the es- tate, less expenses, shall be deposited directly in the Armed Forces Retirement Home Trust Fund. The heirs or legatees of the deceased resident may file a claim made with the Secretary of De- fense to reclaim such proceeds. A determination of the claim by the Secretary shall be subject to judicial review exclusively by the United States Court of Federal Claims. (2)(A) The Administrator of a facility of the Retirement Home may designate an attorney who is a full-time officer or employee of the United States or a member of the Armed Forces on active duty to serve as attorney or agent for the facility in any probate proceeding in which the Retirement Home may have a legal interest as nominated fiduciary, testamentary legatee, escheat legatee, or in any other capacity. (B) An attorney designated under this para- graph may, in the domiciliary jurisdiction of the deceased resident and in any ancillary jurisdic- tion, petition for appointment as fiduciary. The Page 46 TITLE 24—HOSPITALS AND ASYLUMS § 420 attorney shall have priority over any peti- tioners (other than the deceased resident’s nom- inated fiduciary, named legatees, or heirs) to serve as fiduciary. In a probate proceeding in which the heirs of an intestate deceased resident cannot be located and in a probate proceeding in which the nominated fiduciary, legatees, or heirs of a testate deceased resident cannot be lo- cated, the attorney shall be appointed as the fi- duciary of the deceased resident’s estate. (3) The designation of an employee or rep- resentative of a facility of the Retirement Home as personal representative of the estate of a resi- dent of the Retirement Home or as a legatee under the will or codicil of the resident shall not disqualify an employee or staff member of that facility from serving as a competent witness to a will or codicil of the resident. (4) After the end of the three-year period be- ginning on the date of the death of a resident of a facility, the Administrator of the facility shall dispose of all property of the deceased resident that is not otherwise disposed of under this sub- section, including personal effects such as deco- rations, medals, and citations to which a right has not been established under subsection (a). Disposal may be made within the discretion of the Administrator by— (A) retaining such property or effects for the facility; (B) offering such items to the Secretary of Veterans Affairs, a State, another military home, a museum, or any other institution hav- ing an interest in such items; or (C) destroying any items determined by the Administrator to be valueless. (c) Transfer of proceeds to Fund The net proceeds received by the Administra- tors from the sale of effects under subsection (b) shall be deposited in the Fund. (d) Subsequent claim (1) A claim for the net proceeds of the sale under subsection (b) of the effects of a deceased may be filed with the Secretary of Defense at any time within six years after the death of the deceased, for action under section 2771 of title 10. (2) A claim referred to in paragraph (1) may not be considered by a court or the Secretary unless the claim is filed within the time period prescribed in such paragraph. (3) A claim allowed by the Secretary under paragraph (1) shall be certified to the Secretary of the Treasury for payment from the Fund in the amount found due, including any interest re- lating to the amount. No claim may be allowed or paid in excess of the net proceeds of the es- tate deposited in the Fund under subsection (c) plus interest. (e) Unclaimed property In the case of property delivered to the Retire- ment Home under section 2575 of title 10, the Ad- ministrator of the facility shall deliver the prop- erty to the owner, the heirs or next of kin of the owner, or the legal representative of the owner, if a right to the property is established to the satisfaction of the Administrator of the facility within two years after the delivery. (Pub. L. 101–510, div. A, title XV, § 1520, Nov. 5, 1990, 104 Stat. 1731; Pub. L. 103–160, div. A, title III, § 366(d), (e), Nov. 30, 1993, 107 Stat. 1631; Pub. L. 104–316, title II, § 202(j), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 107–107, div. A, title XIV, §§ 1408, 1410(a)(3), Dec. 28, 2001, 115 Stat. 1265, 1266; Pub. L. 107–314, div. A, title X, § 1062(f)(3), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title X, § 1045(g), Nov. 24, 2003, 117 Stat. 1613; Pub. L. 112–81, div. A, title V, §§ 564(b), 567(c)(6), Dec. 31, 2011, 125 Stat. 1424, 1426; Pub. L. 115–232, div. A, title VIII, § 809(g), Aug. 13, 2018, 132 Stat. 1842.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘sec- tions 7712(f) and 9712(f) of title 10’’ for ‘‘sections 4712(f) and 9712(f) of title 10’’ in introductory provisions. 2011—Pub. L. 112–81, § 567(c)(6), made technical amend- ment to section catchline. Pub. L. 112–81, § 564(b)(1), substituted ‘‘Adminis- trator’’ for ‘‘Director’’ wherever appearing. Subsec. (c). Pub. L. 112–81, § 564(b)(2), substituted ‘‘Ad- ministrators’’ for ‘‘Directors’’. 2003—Subsec. (b)(1)(C). Pub. L. 108–136 inserted ‘‘Armed Forces’’ before ‘‘Retirement Home Trust Fund’’. 2002—Subsec. (e). Pub. L. 107–314 made technical cor- rection to directory language of Pub. L. 107–107, § 1410(a)(3)(C). See 2001 Amendment note below. 2001—Subsec. (a). Pub. L. 107–107, § 1410(a)(3)(A), sub- stituted ‘‘a facility’’ for ‘‘each facility that is main- tained as a separate establishment’’ in introductory provisions. Subsec. (b)(1)(B). Pub. L. 107–107, § 1408(b), inserted ‘‘Armed Forces’’ before ‘‘Retirement Home Trust Fund’’. Subsec. (b)(2)(A). Pub. L. 107–107, §§ 1408(a), 1410(a)(3)(B), struck out ‘‘maintained as a separate es- tablishment’’ before ‘‘of the Retirement Home’’ and in- serted ‘‘who is a full-time officer or employee of the United States or a member of the Armed Forces on ac- tive duty’’ after ‘‘may designate an attorney’’. Subsec. (e). Pub. L. 107–107, § 1410(a)(3)(C), as amended by Pub. L. 107–314, substituted ‘‘Director of the facil- ity’’ for ‘‘Directors’’ in two places. 1996—Subsec. (b)(1)(C). Pub. L. 104–316, § 202(j)(1), sub- stituted ‘‘Secretary of Defense’’ for ‘‘Comptroller Gen- eral of the United States’’ and ‘‘Secretary’’ for ‘‘Comp- troller General’’. Subsec. (d). Pub. L. 104–316, § 202(j)(2), substituted ‘‘Secretary of Defense’’ for ‘‘Comptroller General of the United States’’ in par. (1), ‘‘Secretary’’ for ‘‘Comp- troller General’’ in par. (2), and ‘‘allowed by the Sec- retary’’ for ‘‘allowed by the Comptroller General’’ in par. (3). 1993—Subsec. (a). Pub. L. 103–160, § 366(d), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Directors of the establishments of the Retirement Home shall safeguard and dispose of the effects of a deceased person delivered to the Retirement Home under section 4712(f) or 9712(f) of title 10 and the estate and effects of a deceased resi- dent of the Armed Forces Retirement Home as follows: ‘‘(1) A will or other paper involving property rights shall be promptly delivered to the proper court of record. ‘‘(2) If the heirs or legal representative of the de- ceased cannot sooner be ascertained, the Directors shall retain the remaining effects until three years after the death of the deceased, and then, if a right to the effects is established to the satisfaction of the Directors, shall deliver the effects to the living per- son highest on the following list who can be found: ‘‘(A) The surviving spouse or legal representative. ‘‘(B) A child of the deceased. ‘‘(C) A parent of the deceased. ‘‘(D) A brother or sister of the deceased. ‘‘(E) The next-of-kin of the deceased. Page 47 TITLE 24—HOSPITALS AND ASYLUMS § 422 1 See References in Text note below. ‘‘(F) A beneficiary named in the will of the de- ceased.’’ Subsec. (b). Pub. L. 103–160, § 366(e), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘(1) After three years from the date of death of the deceased, the Directors may sell the effects to which a right has not been established under subsection (a) of this section (except decorations, medals, and citations) by public or private sale, as the Directors consider most advantageous. ‘‘(2) After five years from the date of death of the de- ceased, the Directors shall dispose of effects that were not sold under paragraph (1) (including decorations, medals, and citations) and to which a right has not been established under subsection (a) of this section. The sale shall be made in the manner that the Direc- tors consider most appropriate in the public interest. Disposal may include— ‘‘(A) retaining the effects for the use of the Retire- ment Home; ‘‘(B) delivering the effects to the Secretary of Vet- erans Affairs, to a State or other military home, to a museum, or to any other appropriate institution; or ‘‘(C) destroying the effects if the Retirement Home Board determines that they are valueless.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–314, div. A, title X, § 1062(f), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(f)(3) is effective as of Dec. 28, 2001, and as if included in Pub. L. 107–107 as enacted. EFFECTIVE DATE Section applicable to estate of each resident of Armed Forces Retirement Home, including United States Soldiers’ and Airmen’s Home and Naval Home, who dies after Nov. 29, 1989, see section 1541(d) of Pub. L. 101–510, formerly set out as a note under section 401 of this title. § 421. Payment of residents for services (a) Authority The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resi- dent of the Retirement Home, to pay the resi- dent for such services, and to fix the rate of such pay. (b) Employment status A resident receiving pay for services author- ized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as— (1) receiving the pay of a position or being employed in a position for the purposes of sec- tion 5532 1 of title 5; or (2) being an employee of the United States for any purpose other than— (A) subchapter I of chapter 81 of title 5 (re- lating to compensation for work-related in- juries); and (B) chapter 171 of title 28 (relating to claims for damages or loss). (c) ‘‘Position’’ defined In subsection (b)(1), the term ‘‘position’’ has the meaning given that term in section 5531 of title 5. (Pub. L. 101–510, div. A, title XV, § 1521, as added Pub. L. 102–484, div. A, title III, § 385(a), Oct. 23, 1992, 106 Stat. 2394; amended Pub. L. 104–201, div. A, title X, § 1052(b), Sept. 23, 1996, 110 Stat. 2650; Pub. L. 107–107, div. A, title XIV, § 1404(b)(3), Dec. 28, 2001, 115 Stat. 1260.) Editorial Notes REFERENCES IN TEXT Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664. AMENDMENTS 2001—Subsec. (a). Pub. L. 107–107 substituted ‘‘Chief Operating Officer’’ for ‘‘Chairman of the Armed Forces Retirement Board’’. 1996—Subsec. (b)(2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘being an employee of the United States for any other purpose.’’ Statutory Notes and Related Subsidiaries FORGIVENESS OF INDEBTEDNESS Pub. L. 102–484, div. A, title III, § 385(b), Oct. 23, 1992, 106 Stat. 2394, provided that: ‘‘The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act [Oct. 23, 1992] if the Chairman determines that it would be in the interest of the United States to do so and against equity and good conscience to require the repayment.’’ § 422. Authority to accept certain uncompensated services (a) Authority to accept services Subject to subsection (b) and notwithstanding section 1342 of title 31, the Chief Operating Offi- cer or the Administrator of a facility of the Re- tirement Home may accept from any person vol- untary personal services or gratuitous services. (b) Requirements and limitations (1) The Chief Operating Officer or the Adminis- trator of a facility accepting the services shall notify the person offering the services of the scope of the services accepted. (2) The Chief Operating Officer or Adminis- trator shall— (A) supervise the person providing the serv- ices to the same extent as that official would supervise a compensated employee providing similar services; and (B) ensure that the person is licensed, privi- leged, has appropriate credentials, or is other- wise qualified under applicable laws or regula- tions to provide such services. (3) A person providing services accepted under subsection (a) may not— (A) serve in a policymaking position of the Retirement Home; or (B) be compensated for the services by the Retirement Home.