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

Summary

The Secretary may settle pay accounts for a service member whose payments were made under sections 552, 553, and 555, and for a survivor when an accident at a ship, station, or military installation destroys disbursing records. A settlement based on a death finding cannot be reopened because of a later report, except the account must be reopened if the later date of death is after the earlier one. Payments made in good faith are not recovered from the paying officer or from a civilian or service member who authorized them unless there was fraud or a crime. Section 558 is an exception.

Title 37, §557

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

(a)The Secretary concerned, or his designee, may settle the account of—

(1)a member of a uniformed service for whose account payments have been made under section 552, 553, and 555 of this title; and

(2)a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.

(b)Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlements.

(c)In the settlement of his accounts, a disbursing officer is entitled, if there is no fraud or criminality by him, to credit for an erroneous payment or overpayment he made in carrying out this chapter, except section 558 of this title. Unless there is fraud or criminality by him, recovery may not be made from a civilian officer or employee or a member of a uniformed service who authorizes a payment under this chapter, except section 558 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 557(a)50 App. 1011.Mar. 7, 1942, ch. 166, § 11, 56 Stat. 146. 557(b) 557(c)50 App. 1009(a) (5th sentence).50 App. 1009(a) (last sentence).Mar. 7, 1942, ch. 166, § 9(a) (5th and last sentences); added July 1, 1944, ch. 371, § 5, 58 Stat. 680; Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. 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 words “Secretary concerned, or his designee,” are substituted for “head of the department concerned, or such person as he may designate,”. The words “a member of a uniformed service” are substituted for “persons”. The words “United States” are substituted for “Government”. In subsection (c), the words “in carrying out this chapter, except section 558” are substituted for “in carrying out the provisions of this Act, except section 13, 16, 17, and 18”, since section 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words “under this chapter, except section 558” are substituted for “under such provisions” for the reasons stated in the preceding sentence.

Editorial Notes

Amendments

1985—Subsec. (c). Pub. L. 99–145 inserted “of this title” after “558” in two places.

§557 Settlement of Accounts