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U.S. Code as of:
01/19/04
Section 701. Members of the Army, Navy, Air Force, and Marine Corps; contract surgeons
(a) Under regulations prescribed by the Secretary of the military
department concerned, a commissioned officer of the Army, Navy, Air
Force, or Marine Corps may transfer or assign his pay account, when
due and payable.
(b) A contract surgeon, or contract dental surgeon, of the Army,
Navy, or Air Force, on duty in Alaska, Hawaii, the Philippine
Islands, or Puerto Rico, may transfer or assign his pay account,
when due and payable, under the regulations prescribed under
subsection (a).
(c) An enlisted member of the Army, Navy, Air Force, or Marine
Corps may not assign his pay, and if he does so, the assignment is
void.
(d) Under regulations prescribed by the Secretary of Defense, a
member of the Army, Navy, Air Force, or Marine Corps and a contract
surgeon of the Army, Navy, or Air Force may make allotments from
the pay of the member or surgeon for the purpose of supporting
relatives or for any other purpose that the Secretary considers
proper. Such allotments may include a maximum of six allotments
considered to be discretionary under such regulations. For a member
or former member entitled to retired or retainer pay, a maximum of
six discretionary allotments authorized during active military
service may be continued into retired status, and new discretionary
allotments may be authorized so long as the total number of
discretionary allotments does not exceed six.
(e) If an allotment made under subsection (d) is paid to the
allottee before the disbursing officer receives a notice of
discontinuance from the officer required by regulation to furnish
the notice, the amount of the allotment shall be credited to the
disbursing officer. If an allotment is erroneously paid because the
officer required by regulation to so report failed to report the
death of the allotter or any other fact that makes the allotment
not payable, the amount of the payment not recovered from the
allottee shall, if practicable, be collected by the Secretary
concerned from the officer who failed to make the report.
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