§ 401. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC401]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 401. Definitions
(a) Dependent Defined.--In this chapter, the term ``dependent'',
with respect to a member of a uniformed service, means the following
persons:
(1) The spouse of the member.
(2) An unmarried child of the member who--
(A) is under 21 years of age;
(B) is incapable of self-support because of mental or
physical incapacity and is in fact dependent on the member for
more than one-half of the child's support; or
(C) is under 23 years of age, is enrolled in a full-time
course of study in an institution of higher education approved
by the Secretary concerned for purposes of this subparagraph,
and is in fact dependent on the member for more than one-half of
the child's support.
(3) A parent of the member if--
(A) the parent is in fact dependent on the member for more
than one-half of the parent's support;
(B) the parent has been so dependent for a period prescribed
by the Secretary concerned or became so dependent due to a
change of circumstances arising after the member entered on
active duty; and
(C) the dependency of the parent on the member is determined
on the basis of an affidavit submitted by the parent and any
other evidence required under regulations prescribed by the
Secretary concerned.
(4) An unmarried person who--
(A) is placed in the legal custody of the member as a result
of an order of a court of competent jurisdiction in the United
States (or Puerto Rico or a possession of the United States) for
a period of at least 12 consecutive months;
(B) either--
(i) has not attained the age of 21;
(ii) has not attained the age of 23 years and is
enrolled in a full time course of study at an institution of
higher learning approved by the Secretary concerned; or
(iii) is incapable of self support because of a mental
or physical incapacity that occurred while the person was
considered a dependent of the member or former member under
this paragraph pursuant to clause (i) or (ii);
(C) is dependent on the member for over one-half of the
person's support;
(D) resides with the member unless separated by the
necessity of military service or to receive institutional care
as a result of disability or incapacitation or under such other
circumstances as the Secretary concerned may by regulation
prescribe; and
(E) is not a dependent of a member under any other
paragraph.
(b) Other Definitions.--For purposes of subsection (a):
(1) The term ``child'' includes--
(A) a stepchild of the member (except that such term does
not include a stepchild after the divorce of the member from the
stepchild's parent by blood);
(B) an adopted child of the member, including a child placed
in the home of the member by a placement agency (recognized by
the Secretary of Defense) in anticipation of the legal adoption
of the child by the member; and
(C) an illegitimate child of the member if the member's
parentage of the child is established in accordance with
criteria prescribed in regulations by the Secretary concerned.
(2) The term ``parent'' means--
(A) a natural parent of the member;
(B) a stepparent of the member;
(C) a parent of the member by adoption;
(D) a parent, stepparent, or adopted parent of the spouse of
the member; and
(E) any other person, including a former stepparent, who has
stood in loco parentis to the member at any time for a
continuous period of at least five years before the member
became 21 years of age.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 469; Pub. L. 93-64, title I,
Secs. 103, 104, July 9, 1973, 87 Stat. 148; Pub. L. 100-26,
Sec. 8(e)(7), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102-190, div. A,
title VI, Sec. 621, Dec. 5, 1991, 105 Stat. 1377; Pub. L. 103-160, div.
A, title VI, Sec. 631(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L. 103-
337, div. A, title VII, Sec. 701(b), Oct. 5, 1994, 108 Stat. 2797.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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401................................... 37:231(g) (less last proviso of Oct. 12, 1949, ch. 681, Sec.
last sentence). 102(g) (less last proviso of last
sentence), 63 Stat. 804; Sept. 8,
1950, ch. 922, Sec. 1, 64 Stat.
794; Mar. 23, 1953, ch. 8 (as
applicable to Sec. 102(g)), 67
Stat. 6; June 30, 1955, ch. 250,
Sec. 103 (as applicable to Sec.
102(g)), 69 Stat. 224; Mar. 23,
1959, Pub. L. 86-4, Sec. 3 (as
applicable to Sec. 102(g)), 73
Stat. 13.
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The words ``lawful'', ``at all times and in all places'', ``except
as hereinafter limited in this subsection'', and ``in addition to those
persons otherwise defined as dependents in this subsection'' are omitted
as surplusage. In clause (1), the word ``spouse'' is substituted for
words ``wife'' and ``husband''. Clause (2) is substituted for the 16th
through 24th words of the first sentence of section 231(g) of existing
title 37 and the third sentence (less last proviso) of section 231(g) of
existing title 37. Clause (3) is substituted for the second sentence of
section 231(g) of existing title 37 and the last sentence (less
provisos) of section 231(g) of existing title 37. The second sentence is
substituted for the last proviso of the third sentence of section 231(g)
of existing title 37. The last sentence is substituted for the first
proviso of the last sentence of section 231(g) of existing title 37.
Amendments
1994--Subsec. (b)(1)(B). Pub. L. 103-337 substituted ``placement
agency (recognized by the Secretary of Defense) in anticipation of the
legal adoption of the child by the member'' for ``placement agency for
the purpose of adoption''.
1993--Subsec. (a)(4). Pub. L. 103-160 added par. (4).
1991--Pub. L. 102-190 amended text generally. Prior to amendment,
text read as follows: ``In this chapter, the term `dependent', with
respect to a member of a uniformed service, means--
``(1) his spouse;
``(2) his unmarried child (including any of the following
categories of children if such child is in fact dependent on the
member: a stepchild; an adopted child; or an illegitimate child
whose alleged member-father has been judicially decreed to be the
father of the child or judicially ordered to contribute to the
child's support, or whose parentage has been admitted in writing by
the member) who either--
``(A) is under 21 years of age; or
``(B) is incapable of self-support because of a mental or
physical incapacity, and in fact dependent on the member for
over one-half of his support; and
``(3) his parent (including a stepparent or parent by adoption,
and any person, including a former stepparent, who has stood in loco
parentis to the member at any time for a continuous period of at
least five years before the member became 21 years of age) who is in
fact dependent on the member for over one-half of his support;
however, the dependency of such a parent is determined on the basis
of an affidavit submitted by the parent, and any other evidence
required under regulations prescribed by the Secretary concerned,
and he is not considered a dependent of the member claiming the
dependence unless--
``(A) the member has provided over one-half of his support
for the period prescribed by the Secretary concerned; or
``(B) due to changed circumstances arising after the member
enters on active duty, he becomes in fact dependent on the
member for over one-half of his support.
For the purposes of this section, the relationship between a stepparent
and his stepchild is terminated by the stepparent's divorce from the
parent by blood.''
1987--Pub. L. 100-26 inserted ``the term'' after ``In this
chapter,''.
1973--Cl. (2). Pub. L. 93-64, Sec. 103(1), in revising cl. (1) of
first sentence, substituted ``unmarried child'' for ``unmarried
legitimate child'' and defined dependent to include an illegitimate
child whose alleged member-father has been judicially decreed to be the
father of the child or judicially ordered to contribute to the child's
support, or whose parentage has been admitted in writing by the member.
Cl. (3). Pub. L. 93-64, Sec. 104, in revising cl. (3) of first
sentence, substituted ``five years before the member became 21 years''
for ``five years before he became 21 years'', struck out requirement of
actual residence of parent in the member's household, and inserted
provision respecting determination of dependency of parent, including
items (A) and (B), formerly contained in former section 2201 of Appendix
to Title 50, War and National Defense.
Closing text. Pub. L. 93-64, Sec. 103(2), struck out second
sentence, following cl. (3) of first sentence, stating that a person is
not a dependent of a female member unless he is in fact dependent on her
for over one-half of his support.
Effective Date of 1993 Amendment
Section 631(b) of Pub. L. 103-160 provided that: ``Section 401(a)(4)
of title 37, United States Code, as added by subsection (a), shall apply
with respect to determinations of dependency made on or after July 1,
1994.''
Effective Date of 1973 Amendment
Section 206 of Pub. L. 93-64 provided that: ``This Act [enacting
section 1173 of Title 10, Armed Forces, amending this section and
sections 302, 302a, 303, 308a, and 403 of this title, and repealing
sections 2210 to 2212 of Title 50, Appendix, War and National Defense]
shall become effective July 1, 1973.''
Section Referred to in Other Sections
This section is referred to in sections 403b, 411f of this title;
title 10 section 2002; title 31 section 3342.
