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Code · BILL · 114th Congress · H.R. 1735 (PAP) — 114 HR 1735 : National Defense Authorization Act for Fiscal Year 2016 · Sec. 642

Sec. 642. Transitional compensation and other benefits for dependents of members of the Armed Forces ineligible to receive retired pay as a result of court-martial sentence

1,129 words·~5 min read·/bill/114/hr/1735/pap/section-642·

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Chapter 53 of title 10, United States Code, is amended by inserting after section 1059 the following new section: The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each carry out a program under which the Secretary may pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection
(b)who is under the jurisdiction of the Secretary. This section applies in the case of a member of the armed forces eligible for retired or retainer pay under this title for years of service who— is separated from the armed forces pursuant to the sentence of a court-martial as a result of misconduct while a member; and has eligibility to receive retired pay terminated pursuant to such sentence. In the case of a member of the armed forces described in subsection (b), the Secretary may pay compensation under this section to dependents or former dependents of the member as follows: If the member was married at the time of the commission of the offense resulting in separation from the armed forces, such compensation may be paid to the spouse or former spouse to whom the member was married at that time, including an amount for each, if any, dependent child of the member who resides in the same household as that spouse or former spouse. If there is a spouse or former spouse who is or, but for subsection (d)(2), would be eligible for compensation under this section and if there is a dependent child of the member who does not reside in the same household as that spouse or former spouse, compensation under this section may be paid to each such dependent child of the member who does not reside in that household. If there is no spouse or former spouse who is or, but for subsection (d)(2), would be eligible under this section, compensation under this section may be paid to the dependent children of the member. A dependent or former dependent of a member described in subsection
(b)is not eligible for transitional compensation under this section if the Secretary concerned determines (under regulations prescribed under subsection (g)) that the dependent or former dependent either— was an active participant in the conduct constituting the offense under chapter 47 of this title (the Uniform Code of Military Justice) for which the member was convicted and separated from the armed forces; or did not cooperate with the investigation of such conduct. Payment of transitional compensation under this section shall commence— as of the date the court-martial sentence is adjudged if the sentence, as adjudged, includes— a dismissal, dishonorable discharge, or bad conduct discharge; and forfeiture of all pay and allowances; or if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances, as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes— an unsuspended dismissal, dishonorable discharge, or bad conduct discharge; and forfeiture of all pay and allowances. Paragraphs
(2)and
(3)of subsection (e), paragraphs
(1)and
(2)of subsection (g), and subsections
(f)and
(h)of section 1059 of this title shall apply in determining— the amount of transitional compensation to be paid under this section; the period for which such compensation may be paid; and the circumstances under which the payment of such compensation may or will cease. A dependent or former dependent who receives transitional compensation under this section shall, while receiving such payments, be entitled to use commissary and exchange stores in the same manner as provided in subsection
(j)of section 1059 of this title. The Secretary concerned may not make payments to a spouse or former spouse under both this section, on the one hand, and section 1059, 1408(h), or 1408(i) of this title, on the other hand. In the case of a spouse or former spouse for whom a court order provides for payments pursuant to section 1408(h) or 1408(i) of this title and to whom the Secretary offers payments under this section or section 1059 of this title, the spouse or former spouse shall elect which payments to receive. Upon the cessation of payments of transitional compensation to a spouse or former spouse under this section pursuant to subsection (d)(2), a spouse or former spouse who elected payments of transitional compensation under this section and either remains or becomes eligible for payments under section 1408(h) or 1408(i) of this title, as applicable, may commence receipt of payments under such section 1408(h) or 1408(i) in accordance with such section. The Secretary of Defense shall prescribe regulations to carry out this section with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy). The Secretary of Homeland Security shall prescribe regulations to carry out this section with respect to the Coast Guard when it is not operating as a service in the Navy. In this section, the term dependent child , with respect to a member or former member of the armed forces referred to in subsection (b), has the meaning given such term in subsection
(l)of section 1059 of this title, except that status as a dependent child shall be determined as of the date on which the member described in subsection
(b)is convicted of the offense concerned. . The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 1059 the following new item: 1059a. Dependents of members of the armed forces ineligible to receive retired pay as a result of court-martial sentence: transitional compensation and other benefits; commissary and exchange benefits. . Subsection
(i)of section 1059 of title 10, United States Code, is amended to read as follows: The Secretary concerned may not make payments to a spouse or former spouse under both this section, on the one hand, and section 1059a, 1408(h), or 1408(i) of this title, on the other hand. In the case of a spouse or former spouse for whom a court order provides for payments pursuant to section 1408(h) or 1408(i) of this title and to whom the Secretary offers payments under this section or section 1059a of this title, the spouse or former spouse shall elect which payments to receive. .
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