§ 701. — Members of the Army, Navy, Air Force, and Marine Corps; contract surgeons.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC701]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 13--ALLOTMENTS AND ASSIGNMENTS OF PAY
Sec. 701. Members of the Army, Navy, Air Force, and Marine
Corps; contract surgeons
(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.
(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.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at 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.''
Section Referred to in Other Sections
This section is referred to in title 10 section 2882; title 14
section 686.
