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10 U.S.C. § 2771 — Final settlement of accounts: deceased members

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 184 words · no verdicts yet

in plain englishAI-generated · not legal advice

An amount owed to a deceased armed-forces member is paid to the highest eligible living person in the statute’s list. The Secretary of Defense makes the payment, which bars another person’s recovery of that amount.

(a) In settling a deceased member’s account, the amount owed by the member’s armed force must go to the highest person on this list living on the death date: (1) a written beneficiary designation received before death at the place specified by the Secretary concerned’s regulations; (2) surviving spouse; (3) children and descendants, by representation; (4) parents equally, or the survivor; (5) legal representative; (6) person entitled under the law of the member’s domicile. (b) The Secretary concerned must regulate beneficiary designations and changes, uniformly for uniformed services as far as practicable. (c) The Secretary of Defense makes the payments. (d) Payment bars another person from recovering the amount paid.

the actual law source: uscode.house.gov ↗public domain
(a)

In the settlement of the accounts of a deceased member of the armed forces, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death:

(1)

Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member’s death, at the place named in regulations to be prescribed by the Secretary concerned.

(2)

Surviving spouse.

(3)

Children and their descendants, by representation.

(4)

Father and mother in equal parts or, if either is dead, the survivor.

(5)

Legal representative.

(6)

Person entitled under the law of the dom­icile of the deceased member.

(b)

Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform for the uniformed services.

(c)

Payments under subsection (a) shall be made by the Secretary of Defense.

(d)

A payment under this section bars recovery by any other person of the amount paid.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 85–861, § 1(56), Sept. 2, 1958, 72 Stat. 1461; Pub. L. 86–641, July 12, 1960, 74 Stat. 473; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 511(97), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 103–160, div. A, title XI, § 1182(a)(11), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 104–316, title II, § 202(f), Oct. 19, 1996, 110 Stat. 3842.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1461
  • 1960Amended · Pub. L. 86-641 · 74 Stat. 473
  • 1966Amended · Pub. L. 89-718 · 80 Stat. 1117
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2928
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1771
  • 1996Amended · Pub. L. 104-316 · 110 Stat. 3842

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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