37 U.S.C. § 1006 — Advance payments
submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 871 words · no verdicts yet
Under regulations, uniformed-service members may receive advances of pay for moves, certain assignments, distant duty, evacuations, and specified training. The section sets recovery, accounting, Coast Guard, evacuation-allowance, weekend-payment, and scholarship or ROTC rules.
(a) Under regulations, a member* may receive in advance: (1) no more than 3 months’ pay* when changing permanent station; or (2) an allotment to a dependent when assigned or scheduled for sea duty or other duty with a unit deployed or deploying outside the United States, if the allotment was made no more than 60 days before the scheduled assignment. (b) A member at a distant station where pay and emoluments cannot be regularly disbursed may be paid in advance. (c) A member outside the United States or another place designated by the Defense Secretary may receive up to 2 months’ basic pay when the member or dependents are ordered evacuated by competent authority. This advance is not subject to subsection (a) or (b) conditions. It may be based on dependents’ evacuation only when all uniformed-service members’ dependents are ordered evacuated from that place. For a member with dependents, payment may go directly to dependents previously designated. The Secretary concerned* or designee may waive recovery of up to 1 month’s basic pay if recovery would violate equity and good conscience or the public interest. (d) If a recipient dies or leaves the service before the advance is liquidated, the unliquidated amount is credited to the disbursing officer’s account but remains a debt of the person or estate to the United States. (e) (1) Regulations should be uniform across services as far as practical. (2) An advance obligation is recorded only in the fiscal year when the member’s entitlement accrues. Current advance-payment appropriations may be transferred to the prior year’s same-purpose appropriation for unliquidated advances remaining at that prior year’s end; those advances are then credited to the current appropriation. (f) Under Homeland Security regulations, a Coast Guard officer* ordered to sea duty or to or from shore duty beyond the seas may receive up to 3 months’ pay. The Commandant may also order needed advances for Coast Guard members at distant stations where pay cannot be regularly paid. (g) Under regulations, the dislocation allowance under section 452(c)(2) for a member whose dependents are covered by section 452(b)(11) may be paid before evacuation and to designated dependents. (h) Despite section 3324(a) and (b) of title 31, when a pay period ends on Saturday, Sunday, or a legal holiday, the Secretary may authorize payment on the preceding workday, but no more than 3 days early. If the member dies after receiving this advance but before the period ends, the United States cannot recover any of it. (i) Under regulations, a member of the Armed Forces* Health Professions Scholarship program may receive up to 1 month’s pay in advance upon reporting for required active duty* under section 2121(c) of title 10. (j) Under regulations, a Senior Reserve Officers’ Training Corps member ordered to field training or practice under section 2109 of title 10 may receive up to 1 month’s pay in advance.
Under regulations prescribed by the Secretary concerned*, a member* of a uniformed service may be paid in advance—
not more than three months’ pay* of such member upon such member’s change of permanent station; or
the amount of an allotment made from such member’s pay to a dependent if such member is assigned or scheduled for assignment to sea duty or other duty with a unit or command deployed or to be deployed outside the United States and the allotment is made by such member not more than sixty days before the scheduled date of the assignment of such member to such duty.
Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is on duty at a distant station where the pay and emoluments to which he is entitled cannot be disbursed regularly, may be paid in advance.
Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the Secretary of Defense, of not more than two months’ basic pay may be made to a member if the member or the dependents of the member are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member’s dependents only if all dependents of members of the uniformed services* are ordered evacuated from the place where the member’s dependents are located. In the case of a member with dependents, the payment may be made directly to dependents previously designated by the member. The Secretary concerned or his designee may waive any right of recovery of not more than one month’s basic pay advanced under this subsection if he finds that recovery of the advance would be against equity and good conscience or against the public interest.
If a person to whom an advance of pay is made under subsection (a), (b), or (c) dies or is separated from his uniformed service, before liquidation of that advance, the amount remaining unliquidated at the time of his death or separation shall be credited to the account of the disbursing officer* concerned. However, the unliquidated amount remains a debt of that person or his estate to the United States.
As far as practicable, regulations for the administration of subsections (a)–(d) shall be uniform for all of the uniformed services.
Notwithstanding any other provision of law, an obligation for an advance of pay made pursuant to this section shall be recorded as an obligation only in the fiscal year in which the entitlement of the member to the pay accrues.
Current appropriations available for advance payments under this section may be transferred to the prior fiscal year appropriation available for the same purpose in the amount of any unliquidated advance payments that remain at the end of such prior fiscal year. Such unliquidated advance payments shall then be credited to the current appropriation.
Under regulations prescribed by the Secretary of Homeland Security, an advance of pay of not more than three months’ pay may be made to an officer of the Coast Guard who is ordered to sea duty or to or from shore duty beyond the seas. In addition, the Commandant of the Coast Guard may direct such advances as he considers necessary and proper to members of the Coast Guard stationed at distant stations where the pay and emoluments to which they are entitled cannot be paid regularly.
Under regulations prescribed by the Secretary concerned, the dislocation allowance authorized by section 452(c)(2) of this title for a member of a uniformed service whose dependents are covered by section 452(b)(11) of this title may be paid in advance of the evacuation of the dependents and to the dependents designated by the member.
Notwithstanding subsections (a) and (b) of section 3324 of title 31, the Secretary concerned may, when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, authorize the payment of pay and allowances to members of uniformed service under his jurisdiction on the preceding workday but not more than three days before the last day of that pay period. If a member dies after he has received an advance payment under this subsection, but before the last day of the pay period for which the payment is made, no part of the amount so advance is recoverable by the United States.
Under regulations prescribed by the Secretary concerned, not more than one month’s pay may be paid in advance to a member of the Armed Forces* Health Professions Scholarship program upon reporting for a period of active duty* required by section 2121(c) of title 10.
Under regulations prescribed by the Secretary concerned, not more than one month’s pay may be paid in advance to a member of the Senior Reserve Officers’ Training Corps who is ordered to field training or a practice required under section 2109 of title 10.
Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 89–26, § 1(6), May 22, 1965, 79 Stat. 117; Pub. L. 89–193, Sept. 21, 1965, 79 Stat. 823; Pub. L. 89–718, § 70, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–623, § 3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315; Pub. L. 96–76, title III, § 313(b), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–215, § 3, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96–343, § 8, Sept. 8, 1980, 94 Stat. 1128; Pub. L. 96–513, title V, § 516(23), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97–60, title I, § 131(b), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 97–258, § 3(j), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–145, title XIII, § 1303(b)(12), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title VI, § 602(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 602(a), Oct. 23, 1992, 106 Stat. 2420; Pub. L. 103–160, div. A, title VI, § 605(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 105–261, div. A, title VI, § 652, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(9), Dec. 23, 2022, 136 Stat. 2630.)
- 1962Enacted · Pub. L. 87-649 · 76 Stat. 490
- 1965Amended · Pub. L. 89-26 · 79 Stat. 117
- 1965Amended · Pub. L. 89-193 · 79 Stat. 823
- 1966Amended · Pub. L. 89-718 · 80 Stat. 1123
- 1968Amended · Pub. L. 90-623 · 82 Stat. 1314, 1315
- 1979Amended · Pub. L. 96-76 · 93 Stat. 586
- 1980Amended · Pub. L. 96-215 · 94 Stat. 123
- 1980Amended · Pub. L. 96-343 · 94 Stat. 1128
- 1980Amended · Pub. L. 96-513 · 94 Stat. 2939
- 1981Amended · Pub. L. 97-60 · 95 Stat. 1005
- 1982Amended · Pub. L. 97-258 · 96 Stat. 1065
- 1985Amended · Pub. L. 99-145 · 99 Stat. 741
- 1986Amended · Pub. L. 99-661 · 100 Stat. 3874
- 1991Amended · Pub. L. 102-25 · 105 Stat. 117
- 1992Amended · Pub. L. 102-484 · 106 Stat. 2420
- 1993Amended · Pub. L. 103-160 · 107 Stat. 1679
- 1998Amended · Pub. L. 105-261 · 112 Stat. 2051
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1465
- 2013Amended · Pub. L. 112-239 · 126 Stat. 1948
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2630
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.
all 0 arguments · sorted by: best
no arguments yet — make the first case