PRIA, Government Policy, Made Personal

Summary

The Secretary of the Army or the Secretary of the Air Force can let a National Guard member who is not on active duty have life-insurance premiums taken out of their pay under sections 204 and 206. The plan must be run by the State’s military department or the State National Guard association, and that State or association must agree in writing to pay back the United States for any costs. The Secretary of Defense decides the cost and how to collect repayment, and that decision is final. Money paid back goes into the same government funds that covered the costs. The United States is not responsible if someone loses money or is harmed because a government worker made a mistake while handling these pay-withdrawals.

Title 37, §707

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

(a)The Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a member of the National Guard who is not on active duty to make allotments from his pay under section 204 and 206 of this title for the payment of premiums under a group life insurance program sponsored by the military department of the State in which such member holds his National Guard membership or by the National Guard association of such State if the State or association concerned has agreed in writing to reimburse the United States for all costs incurred by the United States in providing for such allotments. The amount of such costs and procedures for reimbursements shall be determined by the Secretary of Defense and his determination shall be conclusive. All amounts of reimbursements for such costs received by the United States from a State or an association shall be credited to the appropriations or funds against which charges have been made for such costs.

(b)The United States is not liable for loss or damage suffered by a person as a result of an error made by an officer or employee of the United States in carrying out the allotment program under subsection (a).

Notes & Related Subsidiaries

Historical and Revision Notes

1982 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 707(b)37:707 (note).May 24, 1974, Pub. L. 93–289, § 11(b), 88 Stat. 173. In subsection (b), the words “is not” are substituted for “shall not be” for consistency.

Editorial Notes

Amendments

1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”. 1982—Pub. L. 97–295 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96–513 struck out “(a)” before “The Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. Liability of United States for Losses or Damages Pub. L. 93–289, § 11(b), May 24, 1974, 88 Stat. 173, which provided that the United States shall not be liable for any losses or damages suffered by any person as the result of any error made by any officer or employee of the United States in administering the allotment program authorized under subsec. (a) of this section, was repealed and reenacted as subsec. (b) of this section by Pub. L. 97–295, §§ 3(5), 6(b), Oct. 12, 1982, 96 Stat. 1304, 1314.

§707 Allotments: Members of the National Guard