US (United States) Code. Title 37. Chapter 13: Allotments and assignments of pay

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

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-CITE-

37 USC CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-MISC1-

Sec.

701. Members of the Army, Navy, Air Force, and Marine

Corps; contract surgeons.

[702. Repealed.]

703. Allotments: members of Coast Guard.

704. Allotments: officers of Public Health Service.

[705. Repealed.]

706. Allotments: commissioned officers of the National

Oceanic and Atmospheric Administration.

707. Allotments: members of the National Guard.

AMENDMENTS

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov.

5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in

all capital letters.

1985 - Pub. L. 99-145, title VI, Sec. 683(a)(3), (b)(2), Nov. 8,

1985, 99 Stat. 665, 666, included reference to the Navy and Marine

Corps in item 701, and struck out item 702 "Allotments: officers of

Navy or Marine Corps" and item 705 "Assignments: enlisted members

of naval service".

1980 - Pub. L. 96-513, title V, Sec. 516(18)(C), Dec. 12, 1980,

94 Stat. 2939, substituted "Allotments: commissioned officers of

the National Oceanic and Atmospheric Administration" for

"Commissioned officers of Environmental Science Services

Administration" in item 706.

1974 - Pub. L. 93-289, Sec. 11(c), May 24, 1974, 88 Stat. 173,

added item 707.

1966 - Pub. L. 89-718, Sec. 49(a)(3), Nov. 2, 1966, 80 Stat.

1121, substituted "Environmental Science Services Administration

for "Coast and Geodetic Survey" in item 706.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 665.

-End-

-CITE-

37 USC Sec. 701 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

Sec. 701. Members of the Army, Navy, Air Force, and Marine Corps;

contract surgeons

-STATUTE-

(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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 89-718, Sec.

67, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 99-145, title VI, Sec.

683(a)(1), (2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 102-25, title

VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.

104-201, div. A, title VI, Sec. 651(a), Sept. 23, 1996, 110 Stat.

2582.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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701(a) 10:3689(a). [None.]

10:8689(a). [None.]

701(b) 10:3689(b) [None.]

10:8689(b). [None.]

701(c) 10:3689(c). [None.]

10:8689(c). [None.]

701(d) 10:3689(d). [None.]

10:8689(d). [None.]

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AMENDMENTS

1996 - Subsecs. (d), (e). Pub. L. 104-201 added subsecs. (d) and

(e) and struck out former subsec. (d) which read as follows: "The

Secretary of the military department concerned, may allow a -

"(1) member of the Army, Navy, Air Force, or Marine Corps; or

"(2) contract surgeon of the Army, Navy, or Air Force;

to make allotments from his pay for the support of his relatives,

or for any other purpose that the Secretary concerned considers

proper. If an allotment made under this subsection 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."

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1985 - Pub. L. 99-145, Sec. 683(a)(2), inserted reference to Navy

and Marine Corps in section catchline.

Subsec. (a). Pub. L. 99-145, Sec. 683(a)(1)(A), (C), substituted

"Secretary of the military department concerned" for "Secretary of

the Army or the Secretary of the Air Force, as the case may be" and

"commissioned officer of the Army, Navy, Air Force, or Marine

Corps" for "commissioned officer of the Army or the Air Force".

Subsec. (b). Pub. L. 99-145, Sec. 683(a)(1)(B), inserted

reference to Navy.

Subsec. (c). Pub. L. 99-145, Sec. 683(a)(1)(A), inserted

reference to Navy and Marine Corps.

Subsec. (d). Pub. L. 99-145, Sec. 683(a)(1)(C), substituted

"Secretary of the military department concerned" for "Secretary of

the Army or the Secretary of the Air Force, as the case may be".

Subsec. (d)(1). Pub. L. 99-145, Sec. 683(a)(1)(A), inserted

reference to Navy and Marine Corps.

Subsec. (d)(2). Pub. L. 99-145, Sec. 683(a)(1)(B), inserted

reference to Navy.

1966 - Subsec. (d). Pub. L. 89-718 substituted "Secretary

concerned" for "Chief of Finance (in cases involving the Army) or

by the Secretary of the Air Force" in provision for collection

erroneously paid allotments.

REGULATIONS

Section 651(b) of Pub. L. 104-201 provided that: "The Secretaries

of the military departments shall prescribe regulations under

subsection (d) of section 701 of title 37, United States Code, as

added by subsection (a), not later than October 1, 1997."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2882; title 14

section 686.

-End-

-CITE-

37 USC Sec. 702 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

[Sec. 702. Repealed. Pub. L. 99-145, title VI, Sec. 683(b)(1), Nov.

8, 1985, 99 Stat. 665]

-MISC1-

Section, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 484, authorized

allotments by officers of Navy and Marine Corps for support of

family or relatives, for personal savings, and for other purposes.

See section 701 of this title.

-End-

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37 USC Sec. 703 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

Sec. 703. Allotments: members of Coast Guard

-STATUTE-

Members of the Coast Guard may, under regulations prescribed by

the Secretary of Homeland Security, make allotments from their pay

and allowances.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 90-623, Sec.

3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 107-296, title XVII,

Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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703 14:464. [None.]

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The words "members of the Coast Guard" are substituted for the

words "officers and enlisted men", since together they compose the

entire membership.

AMENDMENTS

2002 - Pub. L. 107-296 substituted "Secretary of Homeland

Security" for "Secretary of Transportation".

1968 - Pub. L. 90-623 substituted "Secretary of Transportation"

for "Secretary of the Treasury".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as an Effective Date of 1968 Amendment

note under section 5334 of Title 5, Government Organization and

Employees.

-End-

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37 USC Sec. 704 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

Sec. 704. Allotments: officers of Public Health Service

-STATUTE-

Commissioned officers of the Public Health Service who are on

active duty may, under regulations prescribed by the President,

make allotments from their pay.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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704 42:210(b) (1st sentence). July 1, 1944, ch. 373,

Sec. 209(c) (1st

sentence), 58 Stat. 686;

redesignated as section

208, Feb. 28, 1948, ch.

83, Sec. 5(a), 62 Stat.

40; redesignated as

subsection (b), Oct. 12,

1949, ch. 681, Sec.

521(b) (as applicable to

section 208(b) (1st

sentence) of the Act of

July 1, 1944), 63 Stat.

834; restated Aug. 9,

1950, ch. 654, Sec. 1,

64 Stat. 426; Apr. 8,

1960, Pub. L. 86-415,

Sec. 5(b) (1st

sentence), 74 Stat. 34.

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-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Health, Education, and Welfare, see section 3 of Ex. Ord. No.

11140, Jan. 30, 1964 29 F.R. 1637, set out as a note under section

202 of Title 42, The Public Health and Welfare. Secretary of

Health, Education, and Welfare redesignated Secretary of Health and

Human Services by section 3508(b) of Title 20, Education.

-End-

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37 USC Sec. 705 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

[Sec. 705. Repealed. Pub. L. 99-145, title VI, Sec. 683(b)(1), Nov.

8, 1985, 99 Stat. 665]

-MISC1-

Section, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485, related to

assignments of pay due enlisted members of naval service. See

section 701 of this title.

-End-

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37 USC Sec. 706 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

Sec. 706. Allotments: commissioned officers of the National Oceanic

and Atmospheric Administration

-STATUTE-

Under regulations prescribed by the Secretary of Commerce,

commissioned officers of the National Oceanic and Atmospheric

Administration may make allotments or assignments of their pay.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 89-718, Sec.

49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96-513, title V,

Sec. 516(18)(A), (B), Dec. 12, 1980, 94 Stat. 2939.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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706 33:862. Mar. 4, 1907, ch. 2918,

Sec. 1 (10th par. under

"Coast and Geodetic

Survey"); restated June

21, 1955, ch. 172, Sec.

1; restated Sept. 26,

1961, Pub. L. 87-304, 75

Stat. 665.

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AMENDMENTS

1980 - Pub. L. 96-513 substituted "Allotments: commissioned

officers of the National Oceanic and Atmospheric Administration"

for "Commissioned officers of Environmental Science Services

Administration" in section catchline and "National Oceanic and

Atmospheric Administration" for "Environmental Science Services

Administration" in text.

1966 - Pub. L. 89-718 substituted "Environmental Science Services

Administration" for "Coast and Geodetic Survey" in section

catchline and text.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

-End-

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37 USC Sec. 707 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY

-HEAD-

Sec. 707. Allotments: members of the National Guard

-STATUTE-

(a) The Secretary of the Army or the Secretary of the Air Force,

as the case may be, may allow a member of the National Guard who is

not on active duty to make allotments from his pay under sections

204 and 206 of this title for the payment of premiums under a group

life insurance program sponsored by the military department of the

State in which such member holds his National Guard membership or

by the National Guard association of such State if the State or

association concerned has agreed in writing to reimburse the United

States for all costs incurred by the United States in providing for

such allotments. The amount of such costs and procedures for

reimbursements shall be determined by the Secretary of Defense and

his determination shall be conclusive. All amounts of

reimbursements for such costs received by the United States from a

State or an association shall be credited to the appropriations or

funds against which charges have been made for such costs.

(b) The United States is not liable for loss or damage suffered

by a person as a result of an error made by an officer or employee

of the United States in carrying out the allotment program under

subsection (a).

-SOURCE-

(Added Pub. L. 93-289, Sec. 11(a), May 24, 1974, 88 Stat. 172;

amended Pub. L. 96-513, title V, Sec. 516(19), Dec. 12, 1980, 94

Stat. 2939; Pub. L. 97-295, Sec. 3(5), Oct. 12, 1982, 96 Stat.

1304; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991,

105 Stat. 117.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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707(b) 37:707 (note). May 24, 1974, Pub. L.

93-289, Sec. 11(b), 88

Stat. 173.

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In subsection (b), the words "is not" are substituted for "shall

not be" for consistency.

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1982 - Pub. L. 97-295 designated existing provisions as subsec.

(a) and added subsec. (b).

1980 - Pub. L. 96-513 struck out "(a)" before "The Secretary".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

LIABILITY OF UNITED STATES FOR LOSSES OR DAMAGES

Section 11(b) of Pub. L. 93-289, which provided that the United

States shall not be liable for any losses or damages suffered by

any person as the result of any error made by any officer or

employee of the United States in administering the allotment

program authorized under subsec. (a) of this section, was repealed

and reenacted as subsec. (b) of this section by Pub. L. 97-295,

Secs. 3(5), 6(b), Oct. 12, 1982, 96 Stat. 1304, 1314.

-End-