§ 602. — Payments: designation of person to receive amounts due.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC602]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 11--PAYMENTS TO MENTALLY INCOMPETENT PERSONS
Sec. 602. Payments: designation of person to receive amounts due
(a) Active duty pay and allowances, amounts due for accrued or
accumulated leave, or retired or retainer pay, that are otherwise
payable to a member to whom this chapter applies and who, in the opinion
of a board of medical officers or physicians, is mentally incapable of
managing his affairs, may be paid for that member's use or benefit to
any person designated by the Secretary concerned, or by any officer to
whom he delegates his authority under this section, without the
appointment in judicial proceedings of a committee, guardian, or other
legal representative.
(b) The board shall consist of at least three qualified medical
officers or physicians, one of whom is specially qualified in the
treatment of mental disorders, appointed from available medical officers
or physicians under his jurisdiction by the head of whichever of the
following is providing medical treatment for the member, or by a person
designated by that head--
(1) Department of the Army;
(2) Department of the Navy;
(3) Department of the Air Force;
(4) Department of Health and Human Services; or
(5) Department of Veterans Affairs.
If the hospitalization or medical care of the member is not provided by
the United States, the board shall be appointed by the Secretary of the
department having jurisdiction of the member.
(c) A payment made to a person who is designated under this section
discharges the obligation of the United States as to the amount paid.
(d) A person serving in a legal, medical, fiduciary, or other
capacity, may not demand or accept a fee, commission, or other charge
for any service performed under this chapter.
(e) This section does not apply in any case in which a legal
committee, guardian, or other representative has been appointed by a
court of competent jurisdiction, except as to payments made before the
paying agency of the department concerned receives notice of that
appointment.
(f) A person who is designated to receive payments under this
section shall furnish satisfactory assurance that the amounts received
by him will be applied to the use and benefit of the incompetent member,
and, where the payments may reasonably be expected to be more than
$1,000, shall provide a suitable bond to be paid for out of amounts due
the incompetent member.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 483; Pub. L. 96-513, title V,
Sec. 516(17), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 101-189, div. A,
title XVI, Sec. 1621(b)(1), Nov. 29, 1989, 103 Stat. 1604.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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602(a)................................ 37:352 (1st sentence, less 31 words June 21, 1950, ch. 342, Secs. 2, 3
before provisos and less (less 1st 28 words), 64 Stat. 249;
provisos). Aug. 7, 1959, Pub. L. 86-145, Sec.
602(b)................................ 37:352 (last proviso of 1st 1, 73 Stat. 297.
sentence, 2d sentence, and last
sentence).
602(c)................................ 37:352 (31 words before provisos of
1st sentence).
602(d)................................ 37:352 (1st proviso of 1st
sentence).
602(e)................................ 37:352 (2d proviso of 1st
sentence).
602(f)................................ 37:353 (less 1st 28 words).
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In subsection (a), the words ``or persons'' and ``or officers'' are
omitted, since, under section 1 of title 1, ``words importing the
singular include and apply to several persons, parties, or things''. The
words ``to whom he delegates his authority under this section'' are
substituted for the words ``as the respective Secretaries may designate
for such purposes'' to obviate confusion between persons ``designated to
receive payments and those who perform the Secretary's functions under
the section. The words ``the necessity of'' are omitted as surplusage.
In subsection (c), the words ``or persons'' are omitted for the
reasons given in the preceding paragraph. The words ``discharges the
obligation'' are substituted for the words ``shall constitute a complete
discharge''.
In subsection (d), the words ``under the authority of'' are omitted
as surplusage.
In subsection (e), the words ``have been'' and ``including a
requirement'' are omitted as surplusage. The words ``or persons'' are
omitted for the reason stated in the explanation under subsection (a),
above.
Amendments
1989--Subsec. (b)(5). Pub. L. 101-189 substituted ``Department of
Veterans Affairs'' for ``Veterans' Administration''.
1980--Subsec. (b)(4). Pub. L. 96-513 substituted ``Department of
Health and Human Services'' for ``Department of Health, Education, and
Welfare''.
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.
Section Referred to in Other Sections
This section is referred to in section 604 of this title.
