§ 213a. Rights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee

1,708 words·~8 min read·/usc/title-42/section-213a

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(a)Commissioned officers of the Service or their surviving beneficiaries are entitled to all the rights, benefits, privileges, and immunities now or hereafter provided for commissioned officers of the Army or their surviving beneficiaries under the following provisions of title 10:

(1)Section 1036,1 Escorts for dependents of members: transportation and travel allowances.

(2)Chapter 61, Retirement or Separation for Physical Disability, except that sections 1201, 1202, and 1203 do not apply to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days.

(3)Chapter 69, Retired Grade, except sections 1370,1 1374,1 1375 and 1376(a).1

(4)Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401.1

(5)Chapter 73, Retired Serviceman’s Family Protection Plan; Survivor Benefit Plan.

(6)Chapter 75, Death Benefits.

(7)Section 2771, Final settlement of accounts: deceased members.

(8)Chapter 163, Military Claims, but only when commissioned officers of the Service are entitled to military benefits under section 213 of this title.

(9)Section 2603, Acceptance of fellowships, scholarships, or grants.

(10)Section 2634,1 Motor vehicles: for members on permanent change of station.

(11)Section 1035, Deposits of Savings.

(12)Section 1552, Correction of military records: claims incident thereto.

(13)Section 1553, Review of discharge or dismissal.

(14)Section 1554, Review of retirement or separation without pay for physical disability.

(15)Section 1124, Cash awards for suggestions, inventions, or scientific achievements.

(16)Section 1052, Reimbursement for adoption expenses.

(17)Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse.

(18)Section 1034, Protected Communications; Prohibition of Retaliatory Personnel Actions.

(19)Chapter 1223, Retired Pay for Non-Regular Service.

(20)Section 12601, Compensation: Reserve on active duty accepting from any person.

(21)Section 12684, Reserves: separation for absence without authority or sentence to imprisonment.

(1)The authority vested by title 10 in the “military departments”, “the Secretary concerned”, or “the Secretary of Defense” with respect to the rights, privileges, immunities, and benefits referred to in subsection

(a)shall be exercised, with respect to commissioned officers of the Service, by the Secretary of Health and Human Services or the designee of such Secretary.

(2)For purposes of paragraph

(18)of subsection (a), the term “Inspector General” in section 1034 of such title 10 shall mean the Inspector General of the Department of Health and Human Services.

(3)For purposes of paragraph

(19)of subsection (a), the terms “Military department”, “Secretary concerned”, and “Armed forces” in such title 10 shall be deemed to include, respectively, the Department of Health and Human Services, the Secretary of Health and Human Services, and the Commissioned Corps.

(July 1, 1944, ch. 373, title II, § 221, as added Aug. 10, 1956, ch. 1041, § 4, 70A Stat. 619; amended Pub. L. 85–861, § 4, Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86–160, § 3, Aug. 14, 1959, 73 Stat. 359; Pub. L. 87–555, § 2, July 27, 1962, 76 Stat. 244; Pub. L. 88–132, § 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88–431, § 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89–538, § 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92–425, § 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96–76, title III, § 312, Sept. 29, 1979, 93 Stat. 586;

Pub. L. 96–513, title V, § 507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99–117, § 4, Oct. 7, 1985, 99 Stat. 492; Pub. L. 105–85, div. A, title VI, § 653(a), Nov. 18, 1997, 111 Stat. 1804; Pub. L. 107–107, div. A, title VI, § 653(a), Dec. 28, 2001, 115 Stat. 1153; Pub. L. 112–144, title XI, § 1129, July 9, 2012, 126 Stat. 1118; Pub. L. 116–136, div. A, title III, § 3214(d), Mar. 27, 2020, 134 Stat. 373.)