§ 1478. Death gratuity: amount

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(a)The death gratuity payable under sections 1475 through 1477 of this title shall be $100,000. For this purpose:

(1)A person covered by subsection (a)(1) of section 1475 of this title who died while traveling to or from active duty (other than for training) is considered to have been on active duty on the date of his death.

(2)A person covered by subsection (a)(3) of section 1475 of this title who died while traveling directly to or from active duty for training is considered to have been on active duty for training on the date of his death.

(3)A person covered by subsection (a)(3) of section 1475 of this title who died while traveling directly to or from inactive duty training is considered to have been on inactive duty training on the date of his death.

(4)A person covered by subsection (a)(3) of section 1475 of this title who died while on authorized stay at the person’s residence during a period of inactive duty training or between successive days of inactive duty training is considered to have been on inactive duty training on the date of his death.

(5)A person covered by subsection (a)(4) of section 1475 of this title who died while performing annual training duty or while traveling directly to or from that duty is considered to have been entitled, on the date of his death, to the pay prescribed by the first sentence of section 209(c) of title 37. A person covered by section 1475(a)(4) of this title who dies while attending field training or a practice cruise under section 2104(b)(6)(B) of this title, or while traveling directly to or from the place where the training or cruise is conducted, is considered to have been entitled, on the date of his death, to the pay prescribed by the second sentence of section 209(c) of title 37.

(6)A person covered by subsection (a)(5) of section 1475 of this title is considered to have been on active duty, on the date of his death, in the grade that he would have held on final acceptance, or entry on active duty.

(7)A person covered by section 1476 of this title is considered to have been entitled, on the date of his death, to pay at the rate to which he was entitled on the last day on which he performed duty or training.

(8)A person covered by section 1475 or 1476 of this title who performed active duty, or inactive duty training, without pay is considered to have been entitled to basic pay while performing that duty or training.

(9)A person covered by section 1475 or 1476 of this title who incurred a disability while on active duty or inactive duty training and who became entitled to basic pay while receiving hospital or medical care, including out-patient care, for that disability, is considered to have been on active duty or inactive duty training, as the case may be, for as long as he is entitled to that pay.

(b)A person who is discharged, or released from active duty (other than for training), is considered to continue on that duty during the period following the date of his discharge or release that, as determined by the Secretary concerned, is necessary for that person to go to his home by the most direct route. That period may not end before midnight of the day on which the member is discharged or released.

[(c) Repealed. Pub. L. 109–163, div. A, title VI, § 664(a)(2)(B), Jan. 6, 2006, 119 Stat. 3316.]

(1)In the case of a person described in paragraph (2), a death gratuity shall be payable, subject to section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a).

(2)This subsection applies in the case of a person who died during the period beginning on October 7, 2001, and ending on August 31, 2005, while a member of the armed forces on active duty and whose death did not establish eligibility for an additional death gratuity under the prior subsection

(e)of this section (as added by section 1013(b) of Public Law 109–13; 119 Stat. 247), because the person was not described in paragraph

(2)of that prior subsection.

(3)The amount of additional death gratuity payable under this subsection shall be $150,000.

(4)A payment pursuant to this subsection shall be paid in the same manner as provided under paragraph

(4)of the prior subsection

(e)of this section (as added by section 1013(b) of Public Law 109–13; 119 Stat. 247), for payments pursuant to paragraph (3)(A) of that prior subsection.

(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1454; amended Pub. L. 88–647, title III, § 301(2), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 89–718, § 11, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 102–190, div. A, title VI, § 652(a), Dec. 5, 1991, 105 Stat. 1387; Pub. L. 108–121, title I, § 102(a)(1), Nov. 11, 2003, 117 Stat. 1337; Pub. L. 108–136, div. A, title VI, § 646(a), Nov. 24, 2003, 117 Stat. 1520; Pub. L. 108–375, div. A, title VI, § 643(b), Oct. 28, 2004, 118 Stat. 1958;

Pub. L. 109–13, div. A, title I, § 1013(a)–(c), May 11, 2005, 119 Stat. 246–248; Pub. L. 109–163, div. A, title VI, § 664(a)(1), (2), (b), Jan. 6, 2006, 119 Stat. 3316; Pub. L. 109–234, title I, § 1210, June 15, 2006, 120 Stat. 430; Pub. L. 112–81, div. A, title VI, § 651(a)(2), Dec. 31, 2011, 125 Stat. 1466.)

In subsection (a), the word “pay” is substituted for the words “basic pay (plus special and incentive pays)”, since the word “pay”, as defined in section 101(27) of this title, includes those types of pay. Clause

(1)is inserted to reflect section 1475(a)(1) of this title. Clauses

(2)and

(3)are substituted for 38:1101(6)(B) (last 32 words of 1st sentence). Clause 4 is substituted for 38:1101(10)(B). The words “to the pay prescribed by section 4385(c) or 9385(c) of this title” are inserted to reflect those sections, which prescribe the training pay of members of reserve officers’ training corps units. Clause

(5)is substituted for 38:1101(11)(E) (last 27 words). Clause

(6)is substituted for 38:1133(d). In clause (6), the word “pay” is substituted for the words “basic pay (plus special and incentive pays)”, since the word “pay”, as defined in section 101(27) of this title, includes those kinds of pay. Clauses

(7)and

(8)are substituted for 38:1134(c). In those clauses, the words “active duty for training” are omitted as covered by the definition of “active duty” in section 101(22) of this title. In clause (8), the words “and who became entitled to basic pay” are substituted for the words “and is placed in a pay status” and the words “is entitled to that pay” are substituted for the words “remains in a pay status”.

In subsection (b), the words “on or after January 1, 1957” are omitted as executed. The words “(other than for training)” are inserted, since the words “active duty” in the source statute did not include active duty for training. The words “is considered to continue on that duty” are substituted for the words “shall be deemed to continue on active duty”. The last sentence is substituted for 38:1101(12) (last 14 words).

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