§ 552. — Pay and allowances; continuance while in a missing status; limitations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC552]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 10--PAYMENTS TO MISSING PERSONS
Sec. 552. Pay and allowances; continuance while in a missing
status; limitations
(a) A member of a uniformed service who is on active duty or
performing inactive-duty training, and who is in a missing status, is--
(1) for the period he is in that status, entitled to receive or
have credited to his account the same pay and allowances, as defined
in this chapter, to which he was entitled at the beginning of that
period or may thereafter become entitled; and
(2) for the period, not to exceed one year, required for his
hospitalization and rehabilitation after termination of that status,
under regulations prescribed by the Secretaries concerned, with
respect to incentive pay, considered to have satisfied the
requirements of section 301 of this title so as to entitle him to a
continuance of that pay.
However, a member who is performing full-time training duty or other
full-time duty without pay, or inactive-duty training with or without
pay, is entitled to the pay and allowances to which he would have been
entitled if he had been on active duty with pay. Notwithstanding section
1523 of title 10 or any other provision of law, the promotion of a
member while he is in a missing status is fully effective for all
purposes.
(b) The expiration of a member's term of service while he is in a
missing status does not end his entitlement to pay and allowances under
subsection (a). Notwithstanding the death of a member while in a missing
status, entitlement to pay and allowances under subsection (a) ends on
the date--
(1) the Secretary concerned receives evidence that the member is
dead; or
(2) that his death is prescribed or determined under section 555
of this title or under chapter 76 of title 10.
(c) A member is not entitled to pay and allowances under subsection
(a) for a period during which he is officially determined to be absent
from his post of duty without authority, and he is indebted to the
United States for payments from amounts credited to his account for that
period.
(d) A member who is performing full-time training duty or inactive-
duty training is entitled to the benefits of this section only when he
is officially determined to be in a missing status that results from the
performance of duties prescribed by competent authority.
(e) 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 be credited with pay and allowances under subsection (a).
(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 625; amended
Pub. L. 92-169, Sec. 1, Nov. 24, 1971, 85 Stat. 489; Pub. L. 92-482,
Oct. 12, 1972, 86 Stat. 796; Pub. L. 93-26, Sec. 1, Apr. 27, 1973, 87
Stat. 26; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991,
105 Stat. 117; Pub. L. 104-106, div. A, title V, Sec. 569(c)(2), Feb.
10, 1996, 110 Stat. 351.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
552(a)................................ 50 App. 1002(a) (1st sentence, less Mar. 7, 1942, ch. 166, Sec. 2(a);
last 46 words). added July 1, 1944, ch. 371, Sec.
2, 58 Stat. 679; Apr. 4, 1953, ch.
17, Sec. 1(a), 67 Stat. 21; Aug.
29, 1957, Pub. L. 85-217, Sec.
1(b) (1st par.), 71 Stat. 491;
Aug. 14, 1964, Pub. L. 88-428,
Sec. 1(3), 78 Stat. 437.
50 App. 1014 (as applicable to Sec. Mar. 7, 1942, ch. 166, Sec. 14 (as
1002(a) (1st sentence)). applicable to Sec. 2(a) (1st and
last sentences)), 56 Stat. 147;
Apr. 4, 1953, ch. 17, Sec. 1(e),
67 Stat. 21.
552(b)................................ 50 App. 1002(a) (last 46 words of
1st sentence, and 2d sentence).
552(c)................................ 50 App. 1002(a) (3d sentence).
552(d)................................ 50 App. 1002(a) (last sentence).
50 App. 1014 (as applicable to Sec.
1002(a) (last sentence)).
552(e)................................ 50 App. 1006 (2d sentence as Mar. 7, 1942, ch. 166, Sec. 6 (2d
applicable to pay and allowances). sentence, as applicable to pay and
allowances); added Dec. 24, 1942,
ch. 828, Sec. 1 (4th par.), 56
Stat. 1093; Aug. 14, 1964, Pub. L.
88-428, Sec. 1(5)(B), 78 Stat.
437.
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Only that portion of the source law which is applicable to members
of the uniformed services and their dependents is codified in this
section.
In subsection (a), the first 22 words are substituted for 50 App.
U.S.C. 1002(a) (1st 66 words) to conform to the definitions in 37 U.S.C.
101(3), (18), (20), (22), and (23) and revised section 551(2) of this
chapter. The words ``pay and allowances, as defined in this chapter,''
are substituted for the enumeration of pay and allowances in 50 App.
U.S.C. 1002(a) (1st sentence) to conform to the definition in revised
section 551(3) of this chapter. The words ``on active duty'' are
substituted for ``performing full-time active duty'' to conform to the
definition in 37 U.S.C. 101(18).
In subsection (b), the first sentence is substituted for 50 App.
U.S.C. 1002(a) (1st 21 words of 2d sentence). The words ``or
employment'' are omitted as inapplicable to members of the uniformed
services. The words ``entitlement to pay and allowances under subsection
(a) of this section'' are substituted for ``Such entitlement to pay and
allowances'' for clarity. The words ``Notwithstanding the death of a
member while in a missing status'' are substituted for 50 App. U.S.C.
1002(a) (2d sentence, less 1st 21 words). The word ``member'' is
substituted for ``person'' and the word ``Secretary'' is substituted for
``department'' to conform to the definitions in 37 U.S.C. 101(5) and
(23).
In subsection (c), the words ``A member'' are substituted for ``such
person''. The words ``under subsection (a) of this section'' are
inserted for clarity. The words ``United States'' are substituted for
``Government'' to conform to the style of title 37.
In subsection (d), the words ``A member . . . he . . . in a missing
status'' are substituted for ``Persons'', ``such persons'', and the
enumerated absent stata to conform to the definitions in 37 U.S.C.
101(23) and revised section 551(2) of this chapter.
In subsection (e), the words ``A member in a missing status'' are
substituted for ``a person missing under the conditions specified in
section 2 of this Act'' to conform to the definition in revised section
551(2) of this chapter. The words ``under subsection (a) of this
section'' are substituted for ``as provided in section 2 of this Act''.
Amendments
1996--Subsec. (a). Pub. L. 104-106, Sec. 569(c)(2)(A), substituted
``for all purposes'' for ``for all purposes, even though the Secretary
concerned determines under section 556(b) of this title that the member
died before the promotion was made''.
Subsec. (b)(2). Pub. L. 104-106, Sec. 569(c)(2)(B), inserted ``or
under chapter 76 of title 10'' before period at end.
Subsec. (e). Pub. L. 104-106, Sec. 569(c)(2)(C), inserted ``or under
chapter 76 of title 10'' after ``section 555 of this title''.
1991--Subsecs. (b), (c), (e). Pub. L. 102-25 struck out ``of this
section'' after ``subsection (a)'' wherever appearing.
1973--Subsec. (a). Pub. L. 93-26 provided for full effectiveness for
all purposes of promotion of a member while he is in a missing status
notwithstanding a determination of the Secretary of death of the member
before the making of the promotion.
1972--Subsec. (a). Pub. L. 92-482 designated existing provisions as
cl. (1), added cl. (2), and struck out provisions relating to
effectiveness of the promotion of a member of the uniformed services
while he is in a missing status and the Secretary concerned determines
under section 556(b) of this title that the member died before the
promotion was made.
1971--Subsec. (a). Pub. L. 92-169 provided that promotion of a
member of the uniformed services while he is in a missing status is
fully effective for all purposes even though the Secretary concerned
determines that the member died before the promotion was made.
Effective Date of 1973 Amendment
Section 2 of Pub. L. 93-26 provided that: ``For the purposes of
chapter 13 [Sec. 1301 et seq.] of title 38, United States Code, this Act
[amending this section] becomes effective as of November 24, 1971. For
all other purposes this Act becomes effective as of February 28, 1961.''
Effective Date of 1971 Amendment
Amendment by Pub. L. 92-169 effective for the purposes of chapter 13
(Sec. 1301 et seq.) of Title 38, Veterans' Benefits, on Nov. 24, 1971,
and for all other purposes effective as of Feb. 28, 1961, see section 3
of Pub. L. 92-169, set out as a note under section 1302 of Title 38.
Section Referred to in Other Sections
This section is referred to in sections 553, 555, 556, 557, 559 of
this title; title 26 sections 112, 6013.
