Laws: Cases and Codes : U.S. Code : Title 37 : Section 553


   
U.S. Code as of: 01/19/04
Section 553. Allotments; continuance, suspension, initiation, 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 circumstances and payable for
    the period the member is entitled to pay and allowances under
    section 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 allowances he is permitted to allot under regulations
    prescribed by the Secretary concerned.
      (d) A premium paid by the United States on insurance issued on
    the life of a member which is unearned because it covers a period
    after his death reverts to the appropriation of the department
    concerned.
      (e) Subject to subsections (f) and (g), the Secretary concerned,
    or his designee, may, when he considers it in the interest of the
    member, his dependents, or the United States, direct the
    initiation, continuance, discontinuance, increase, decrease,
    suspension, or resumption of payments of allotments from the pay
    and allowances of a member entitled to pay and allowances under
    section 552 of this title.
      (f) When the Secretary concerned officially reports that a member
    in a missing status is alive, the payments of allotments authorized
    by subsections (a)-(d) may, subject to section 552 of this title,
    be made until the date on which, in a case covered by section 555
    of this title, the Secretary concerned receives evidence, or, in a
    case covered by chapter 76 of title 10, the Secretary concerned
    determines pursuant to that chapter, that the member is dead or has
    returned to the controllable jurisdiction of the department
    concerned.
      (g) A member in a missing status who is continued in that status
    under section 555 of this title or under chapter 76 of title 10 is
    entitled to have the payments of allotments authorized by
    subsections (a)-(d) continued, increased, or initiated.
      (h) When the Secretary concerned considers it essential for the
    well-being and protection of the dependents of a member on active
    duty (other than a member entitled to pay and allowances under
    section 552 of this title), he may, with or without the consent,
    and subject to termination at the request, of the member - 
        (1) direct the payment of a new allotment from the pay of the
      member;
        (2) increase or decrease the amount of an allotment made by the
      member; and
        (3) continue payment of an allotment of the member which has
      expired.



Previous [Notes] Next

Related Resources

Defense Department Guide

Military Discussion

Ads by FindLaw