§ 714. — Final settlement of accounts: deceased members.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC714]
TITLE 32--NATIONAL GUARD
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
Sec. 714. Final settlement of accounts: deceased members
(a) In the settlement of the accounts of a member of the National
Guard who dies after December 31, 1955, an amount due from the armed
force of which he was a member shall be paid to the person highest on
the following list living on the date of death:
(1) Beneficiary designated by him in writing to receive such an
amount, if the designation is received, before the deceased member's
death, at the place named in regulations to be prescribed by the
Secretary concerned.
(2) Surviving spouse.
(3) Children and their descendants, by representation.
(4) Father and mother in equal parts or, if either is dead, the
survivor.
(5) Legal representative.
(6) Person entitled under the law of the domicile of the
deceased member.
(b) Designations and changes of designation of beneficiaries under
subsection (a)(1) are subject to regulations to be prescribed by the
Secretary concerned. So far as practicable, these regulations shall be
uniform with those prescribed for the armed forces under section 2771(b)
of title 10.
(c) Under such regulations as the Secretary concerned may prescribe,
payments under subsection (a) shall be made by the Department of the
Army or the Department of the Air Force, as the case may be.
(d) A payment under this section bars recovery by any other person
of the amount paid.
(Added Pub. L. 85-861, Sec. 2(12), Sept. 2, 1958, 72 Stat. 1546; amended
Pub. L. 87-46, June 16, 1961, 75 Stat. 92; Pub. L. 104-316, title II,
Sec. 202(q), Oct. 19, 1996, 110 Stat. 3844.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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714(a)................................ 37:361. July 12, 1955, ch. 328, Secs. 1-3,
37:362. 4 (less proviso), 5 (1st
37:365. sentence), 69 Stat. 295, 296.
714(b)................................ 37:364 (less proviso).
714(c)................................ 37:363 (less last sentence).
714(d)................................ 37:363 (last sentence).
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In subsection (a), the definition of the term ``Department'', in
37:361, is omitted as unnecessary, since the particular departments
referred to are spelled out in the revised text. The definition of the
term ``uniformed services'', in 37:361, is omitted as covered by the
word ``member'' in this revised section. Clauses (1)-(6) are substituted
for the last 5 clauses of 37:362. The words ``regulations to be
prescribed by the Secretary concerned'' are substituted for the words
``regulations of the Department concerned'', since the ``Department'',
as such, cannot issue regulations.
In subsection (a)(2), the words ``Surviving spouse'' are substituted
for the words ``widow or widower''. As defined in section 101(18) of
this title, ``spouse'' includes a widower.
In subsection (b), the words ``are subject to'' are substituted for
the words ``shall be made under''.
In subsection (c), the word ``Under'' is substituted for the words
``Subject to''. The words ``rules and'' are omitted as surplusage.
Amendments
1996--Subsec. (c). Pub. L. 104-316, in first sentence, substituted
``Secretary concerned'' for ``Comptroller General'' and struck out at
end ``Payment under clause (6) of subsection (a) shall be made--
``(1) upon settlement by the General Accounting Office; or
``(2) as otherwise authorized by the Comptroller General.''
1961--Subsec. (c). Pub. L. 87-46 substituted ``Payment under clause
(6) of subsection (a) shall be made--
``(1) upon settlement by the General Accounting Office; or
``(2) as otherwise authorized by the Comptroller General.''
for ``Payments under clauses (2)-(6) of subsection (a) may be paid only
after settlement by the General Accounting Office.''
Designation of Beneficiary Made Before January 1, 1956
Designation of beneficiary made before Jan. 1, 1956, considered as
the designation of a beneficiary for the purposes of this section, see
note set out under section 2771 of Title 10, Armed Forces.
