10 U.S.C. § 1477
HISTORICAL AND REVISION NOTE | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1477(a)1477(b) | 38:1131(c) (less words in parentheses in clause (2)).38:1134(d).38:1101(7) (as applicable to children and as applicable to death gratuity). | Aug. 1, 1956, ch. 837, §§102(7) (as applicable to death gratuity), 301(c), (d), 304(d), 70 Stat. 860, 868, 869. |
38:1131(c) (words in parentheses in clause (2)). | ||
1477(c) | 38:1101(7) (less applicability to children, as applicable to death gratuity). | |
1477(d) | 38:1131(d). |
EDITORIAL NOTES
AMENDMENTS2008-Subsec. (a). Pub. L. 110-181, §645(a)(3), added subsec. (a) and struck out former subsec. (a) which required a death gratuity payable upon the death of a person covered by section 1475 or 1476 of this title to be paid to or for the living survivor highest on a specified list.Subsec. (b). Pub. L. 110-181, §645(a)(3), added subsec. (b). Former subsec. (b) redesignated (d).Subsec. (c). Pub. L. 110-181, §645(a)(3), added subsec. (c). Pub. L. 110-181, §645(a)(1), struck out subsec. (c) which read as follows: "Clauses (3) and (4) of subsection (a), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before he acquired a status described in section 1475 or 1476 of this title. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered that status."Subsec. (d). Pub. L. 110-181, §645(a)(2), redesignated subsec. (b) as (d) and substituted "Treatment of Children.-Subsection (b)(2)" for "Subsection (a)(2)" in introductory provisions. Pub. L. 110-181, §645(a)(1), struck out subsec. (d) which read as follows: "During the period beginning on the date of the enactment of this subsection and ending on September 30, 2007, a person covered by section 1475 or 1476 of this title may designate another person to receive not more than 50 percent of the amount payable under section 1478 of this title. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with paragraphs (1) through (5) of subsection (a)." Subsec. (e). Pub. L. 110-417 inserted period at end. Pub. L. 110-181, §645(b), inserted heading and substituted "subsection (a) or (b)" for "subsection (a) or (d)" and "subsection (b)" for "subsection (a).".2007-Subsec. (a). Pub. L. 110-28, §3306(1), substituted "Subject to subsection (d), a death gratuity" for "A death gratuity".Subsec. (d). Pub. L. 110-28, §3306(3), added subsec. (d). Former subsec. (d) redesignated (e).Subsec. (e). Pub. L. 110-28, §3306(2), redesignated subsec. (d) as (e) and substituted "If a person entitled to all or a portion of a death gratuity under subsection (a) or (d) dies before the person" for "If an eligible survivor dies before he".1989-Subsec. (b)(5)(C). Pub. L. 101-189 substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs".
STATUTORY NOTES AND RELATED SUBSIDIARIES
REGULATIONS Pub. L. 110-181, div. A, title VI, §645(d), Jan. 28, 2008, 122 Stat. 160, provided that:"(1) IN GENERAL.-Not later than April 1, 2008, the Secretary of Defense shall prescribe regulations to implement the amendments to section 1477 of title 10, United States Code, made by subsection (a). "(2) ELEMENTS.-The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by subsection (a) of section 1477 of title 10, United States Code, as amended by subsection (a) of this section, and instructions for members of the Armed Forces in the filling out of such forms."
EXISTING DESIGNATION AUTHORITY Pub. L. 110-181, div. A, title VI, §645(c), Jan. 28, 2008, 122 Stat. 159, provided that: "The authority provided by subsection (d) of section 1477 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act [Jan. 28, 2008], shall remain available to persons covered by section 1475 or 1476 of such title until July 1, 2008, or such earlier date as the Secretary of Defense may prescribe, and any designation under such subsection made before July 1, 2008, or the earlier date prescribed by the Secretary, shall continue in effect until such time as the person who made the designation makes a new designation under such section 1477, as amended by subsection (a) of this section."
- spouse
- "spouse" means husband or wife, as the case may be.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.