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42 U.S.C. § 213Military benefits

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 403 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law extends military benefits to Public Health Service commissioned officers. During war, military detail, or presidential militarization, officers get most Army-officer benefits except retired pay and uniforms. That service also counts as active military service for veterans', servicemembers', and anti-discrimination laws.

(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors. Except as subsection (b) provides, Public Health Service commissioned officers and their surviving beneficiaries are entitled — for active service performed (1) in time of war, (2) while detailed to duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or (3) while the Service is part of the U.S. military forces under a presidential Executive order — to all the rights, privileges, immunities, and benefits that any current or future U.S. law gives Army commissioned officers or their surviving beneficiaries because of active military service, except for retired pay and uniform allowances. (b) Award of decorations. The President may set the conditions under which Service commissioned officers may be awarded military ribbons, medals, and decorations. (c) Authority of Surgeon General. Whatever authority the Department of the Army, the Secretary of the Army, or other Department of the Army officers normally hold over the rights, privileges, immunities, and benefits described in subsection (a) is instead exercised, for Service commissioned officers, by the Surgeon General. (d) Active service deemed active military service with respect to laws administered by the Secretary of Veterans Affairs. A Service commissioned officer's active service is treated as active military service in the U.S. Armed Forces for the purposes of every law the Secretary of Veterans Affairs administers, except the Servicemen's Indemnity Act of 1951, and for the purposes of section 417 of this title. (e) Active service deemed active military service with respect to the Servicemembers Civil Relief Act. That same active service is also treated as active military service in the U.S. Armed Forces for all rights, privileges, immunities, and benefits now or later provided under the Servicemembers Civil Relief Act. (f) Active service deemed active military service with respect to anti-discrimination laws. Finally, that active service is treated as active military service in the U.S. Armed Forces for purposes of all laws related to discrimination based on race, color, sex, ethnicity, age, religion, and disability.
the actual law source: uscode.house.gov ↗public domain
(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors

Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers—

(1)

in time of war;

(2)

on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or

(3)

while the Service is part of the military forces of the United States pursuant to Executive order of the President;

be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.

(b) Award of decorations

The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.

(c) Authority of Surgeon General

The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.

(d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and section 417 of this title.

(e) Active service deemed active military service with respect to Servicemembers Civil Relief Act

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided under the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.) [now 50 U.S.C. 3901 et seq.].

(f) Active service deemed active military service with respect to anti-discrimination laws

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws related to discrimination on the basis of race, color, sex, ethnicity, age, religion, and disability.

Source credit: (July 1, 1944, ch. 373, title II, § 212, 58 Stat. 689; July 15, 1954, ch. 507, § 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V, § 501(b)(1), 70 Stat. 881; Pub. L. 94–278, title XI, § 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102–54, § 13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105–392, title IV, § 402(a), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 108–189, § 2(e), Dec. 19, 2003, 117 Stat. 2866.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 689
  • 1954Amended · Act of July 15, 1954, ch. 507 · 68 Stat. 481
  • 1956Amended · Act of Aug. 1, 1956, ch. 837 · 70 Stat. 881
  • 1976Amended · Pub. L. 94-278 · 90 Stat. 415
  • 1991Amended · Pub. L. 102-54 · 105 Stat. 278
  • 1998Amended · Pub. L. 105-392 · 112 Stat. 3587
  • 2003Amended · Pub. L. 108-189 · 117 Stat. 2866

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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