§551 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

Defines three key words used in the chapter: who is a "dependent," what counts as "missing status," and what "pay and allowances" cover. A "dependent" means the service member’s spouse; an unmarried child under 21 (including dependent stepchildren or adopted children); a dependent mother or father; someone listed as a dependent in official records; or someone the Secretary concerned or their designee decides is dependent. "Missing status" means a member who is officially recorded as missing, missing in action, held or interned in a foreign country, captured or surrounded by a hostile force, or detained abroad against their will. "Pay and allowances" include basic, special, and incentive pay; basic allowances for housing and subsistence; and station per diem for up to 90 days.

Title 37, §551

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

In this chapter:

(1)The term “dependent”, with respect to a member of a uniformed service, means—

(A)his spouse;

(B)his unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;

(C)his dependent mother or father;

(D)a dependent designated in official records; and

(E)a person determined to be dependent by the Secretary concerned, or his designee.

(2)The term “missing status” means the status of a member of a uniformed service who is officially carried or determined to be absent in a status of—

(A)missing;

(B)missing in action;

(C)interned in a foreign country;

(D)captured, beleaguered, or besieged by a hostile force; or

(E)detained in a foreign country against his will.

(3)The term “pay and allowances” means—

(A)basic pay;

(B)special pay;

(C)incentive pay;

(D)basic allowance for housing;

(E)basic allowance for subsistence; and

(F)station per diem allowances for not more than 90 days.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 551(1)50 App. 1001.Mar. 7, 1942, ch. 166, § 1, 56 Stat. 143;

July 1, 1944, ch. 371, § 1, 58 Stat. 679; Aug. 14, 1964, Pub. L. 88–428, § 1(1), (2), 78 Stat. 437. 551(2) 551(3)50 App. 1002(a) (22d through 66th words of 1st sentence, for definition purposes).50 App. 1002(a) (96th through 120th words of 1st sentence, for definition purposes).Mar. 7, 1942, ch. 166, § 2(a) (22d through 66th and 96th through 120th words of 1st sentence, for definition purposes); added

July 1, 1944, ch. 371, § 2, 58 Stat. 679; Apr. 4, 1953, ch. 17, § 1(a), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85–217, § 1(b) (1st par.), 71 Stat. 491; Aug. 14, 1964, Pub. L. 88–428, § 1(3)(A), 78 Stat. 437. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. The words “In this chapter” are substituted for “For the purpose of this Act”. In clause (1), the words “with respect to a member of a uniformed service” are inserted for clarity. In clause (1)(A), the word “lawful” is omitted as unnecessary in view of the accepted recognition of the fact that the word “wife” means a lawful wife. In clause (1)(E), the words “Secretary concerned, or his designee” are substituted for “head of the department concerned, or subordinate designated by him” to conform to the definition in 37 U.S.C. 101(5). The definitions of “person”, “active service”, and “department”, respectively, in 50 App. U.S.C. 1001(a)(1), (b), and (d) are omitted as unnecessary in view of the definitions of “member”, “uniformed services”, “active service”, and “Secretary concerned”, in 37 U.S.C. 101(3), (5), (20), and (23). The definitions in clauses (2) and (3), which do not appear in, but are based on, the source law are created for legislative convenience.

Editorial Notes

Amendments

1997—Par. (3)(D). Pub. L. 105–85 substituted “housing” for “quarters”. 1987—Pub. L. 100–26 substituted “In this chapter:” for “In this chapter—”, inserted “The term” at beginning of pars. (1) to (3), and substituted period for semicolon at end of par. (1) and period for “; and” at end of par. (2). 1985—Par. (1)(A). Pub. L. 99–145 substituted “spouse” for “wife”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.

§551 Definitions