§552 Pay and allowances; continuance while in a missing status; limitations

Revised sectionSource (U.S. Code)Source (Statutes at Large) 552(a)50 App. 1002(a) (1st sentence, less last 46 words).Mar. 7, 1942, ch. 166, § 2(a); 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), 78 Stat. 437. 50 App. 1014 (as applicable to § 1002(a) (1st sentence)).Mar. 7, 1942, ch. 166, § 14 (as applicable to § 2(a) (1st and last sentences)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. 552(b)50 App. 1002(a) (last 46 words of 1st sentence, and 2d sentence). 552(c)50 App. 1002(a) (3d sentence). 552(d)50 App. 1002(a) (last sentence). 50 App. 1014 (as applicable to § 1002(a) (last sentence)). 552(e)50 App. 1006 (2d sentence as applicable to pay and allowances).Mar. 7, 1942, ch. 166, § 6 (2d sentence, as applicable to pay and allowances); added Dec. 24, 1942, ch. 828, § 1 (4th par.), 56 Stat. 1093; Aug. 14, 1964, Pub. L. 88–428, § 1(5)(B), 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. In subsection (a), the first 22 words are substituted for 50 App. U.S.C. 1002(a) (1st 66 words) to conform to the definitions in 37 U.S.C. 101(3), (18), (20), (22), and (23) and revised section 551(2) of this chapter. The words “pay and allowances, as defined in this chapter,” are substituted for the enumeration of pay and allowances in 50 App. U.S.C. 1002(a) (1st sentence) to conform to the definition in revised section 551(3) of this chapter. The words “on active duty” are substituted for “performing full-time active duty” to conform to the definition in 37 U.S.C. 101(18). In subsection (b), the first sentence is substituted for 50 App. U.S.C. 1002(a) (1st 21 words of 2d sentence). The words “or employment” are omitted as inapplicable to members of the uniformed services. The words “entitlement to pay and allowances under subsection (a) of this section” are substituted for “Such entitlement to pay and allowances” for clarity. The words “Notwithstanding the death of a member while in a missing status” are substituted for 50 App. U.S.C. 1002(a) (2d sentence, less 1st 21 words). The word “member” is substituted for “person” and the word “Secretary” is substituted for “department” to conform to the definitions in 37 U.S.C. 101(5) and (23). In subsection (c), the words “A member” are substituted for “such person”. The words “under subsection (a) of this section” are inserted for clarity. The words “United States” are substituted for “Government” to conform to the style of title 37. In subsection (d), the words “A member . . . he . . . in a missing status” are substituted for “Persons”, “such persons”, and the enumerated absent stata to conform to the definitions in 37 U.S.C. 101(23) and revised section 551(2) of this chapter. In subsection (e), the words “A member in a missing status” are substituted for “a person missing under the conditions specified in section 2 of this Act” to conform to the definition in revised section 551(2) of this chapter. The words “under subsection (a) of this section” are substituted for “as provided in section 2 of this Act”.

2017—Subsec. (a)(2). Pub. L. 115–91 inserted “or section 351(a)(2)” after “section 301”. 1996—Subsec. (a). Pub. L. 104–106, § 569(c)(2)(A), substituted “for all purposes” for “for all purposes, even though the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made”. Subsec. (b)(2). Pub. L. 104–106, § 569(c)(2)(B), inserted “or under chapter 76 of title 10” before period at end. Subsec. (e). Pub. L. 104–106, § 569(c)(2)(C), inserted “or under chapter 76 of title 10” after “section 555 of this title”. 1991—Subsecs. (b), (c), (e). Pub. L. 102–25 struck out “of this section” after “subsection (a)” wherever appearing. 1973—Subsec. (a). Pub. L. 93–26 provided for full effectiveness for all purposes of promotion of a member while he is in a missing status notwithstanding a determination of the Secretary of death of the member before the making of the promotion. 1972—Subsec. (a). Pub. L. 92–482 designated existing provisions as cl. (1), added cl. (2), and struck out provisions relating to effectiveness of the promotion of a member of the uniformed services while he is in a missing status and the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made. 1971—Subsec. (a). Pub. L. 92–169 provided that promotion of a member of the uniformed services while he is in a missing status is fully effective for all purposes even though the Secretary concerned determines that the member died before the promotion was made.

of 1971 AmendmentAmendment by Pub. L. 92–169 effective for the purposes of chapter 13 (§ 1301 et seq.) of Title 38, Veterans’ Benefits, on Nov. 24, 1971, and for all other purposes effective as of Feb. 28, 1961, see section 3 of Pub. L. 92–169, set out as a note under section 1302 of Title 38.