§1490 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary may move, or pay to move, the body of a retired-pay-eligible member or that member’s dependent if they die while admitted to a military medical facility under chapter 55. The remains can only be moved as far as the decedent’s last permanent residence, and payment is limited to the cost from the place of death to that residence. Transport is not allowed if sections 1481 or 1482 of this title or chapter 23 of title 38 already authorize it. Dependent — meaning given in section 1072(2) of this title.

Title 10, §1490

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (b), when a member entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, dies while properly admitted under chapter 55 of this title to a medical facility of the armed forces, the Secretary concerned may transport the remains, or pay the cost of transporting the remains, of the decedent to the place of burial of the decedent.

(b)(1)Transportation provided under this section may not be to a place further from the place of death than the decedent’s last place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of death to the decedent’s last place of permanent residence.

(2)Transportation of the remains of a decedent may not be provided under this section if such transportation is authorized by section 1481 and 1482 of this title or by chapter 23 of title 38.

(c)In this section, the term “dependent” has the meaning given such term in section 1072(2) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (a). Pub. L. 108–136, § 562(a)(1), struck out “located in the United States” after “armed forces”. Subsec. (b)(1). Pub. L. 108–136, § 562(a)(2), struck out “outside the United States or to a place” before “further”. Subsec. (c). Pub. L. 108–136, § 562(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In this section: “(1) The term ‘United States’ includes the Commonwealth of Puerto Rico and the territories and possessions of the United States. “(2) The term ‘dependent’ has the meaning given such term in section 1072(2) of this title.” 1991—Pub. L. 102–190, § 626(b)(1), amended section catchline generally. Prior to amendment, section catchline read as follows: “Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility”. Subsec. (a). Pub. L. 102–190, § 626(a)(1), inserted “, or a dependent of such a member,” after “equivalent pay”. Subsec. (c). Pub. L. 102–190, § 626(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “In this section, the term ‘United States’ includes the Commonwealth of Puerto Rico and the territories and possessions of the United States.” 1987—Subsec. (c). Pub. L. 100–26 inserted “the term” after “In this section,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 Amendment Pub. L. 108–136, div. A, title V, § 562(c), Nov. 24, 2003, 117 Stat. 1483, provided that: “The

Amendments

made by this section [amending this section] shall apply only with respect to persons dying on or after the date of the enactment of this Act [Nov. 24, 2003].”

Effective Date

Pub. L. 98–94, title X, § 1032(b), Sept. 24, 1983, 97 Stat. 672, provided that: “Section 1490 of title 10, United States Code, as added by subsection (a), shall apply with respect to the transportation of the remains of persons dying after September 30, 1983.”

§1490 Transportation of remains: certain retired members and dependents who die in military medical facilities

Summary

Title 10, §1490

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

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