37 U.S.C. § 556 — Secretarial determinations
submitted 60 years ago by Pub. L. 89-554 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 658 words · no verdicts yet
The Secretary concerned may make binding determinations about death, dependency, status, dates, reports, and pay. The section also governs reconsideration, fraud-related credits, allotment overpayments, and treatment of dependents.
(a) The Secretary concerned* or designee may make determinations needed to administer this chapter. They are conclusive about: (1) death or a death finding; (2) dependency under this chapter; (3) dependency for six-month death gratuities; (4) dependency under another law paying armed-forces members when payment depends on dependency; (5) another status covered by this chapter; (6) an essential date, including when the Secretary receives evidence or information; and (7) whether information about a uniformed-service member* is treated as an official death report. Items (1), (5), (6), and (7) apply only to cases covered by section 555. (b) In a section 555 case, if the Secretary receives information considered conclusive proof of death, the Secretary must treat it as an official death report despite earlier action. After the section 555 12-month missing period, the Secretary or designee must find death when information received or the passage of time without information creates a reasonable presumption of death. (c) The Secretary or designee may determine a member’s entitlement to pay and allowances*, including account credits and charges, and that determination is conclusive. A captured, beleaguered, or besieged member’s account may not be charged with pay* or compensation the hostile force pays, owes, or credits to the member. (d) When circumstances warrant, the Secretary or designee may reconsider and change a determination. (e) An allotment charged to a member’s account must be credited back if the Secretary or designee finds the payment was induced by fraud or misrepresentation in which the member did not participate. (f) Except an allotment for an unearned insurance premium, an allotment paid from pay and allowances for a period covered by section 552 may not be collected from the recipient as an overpayment when delay in receiving death evidence caused it. A payment for a later period caused by that delay may not be collected from the recipient or charged to the deceased member’s pay. (g) The Secretary or designee may waive recovery of an erroneous or excess dependent allotment payment when recovery would, in the Secretary’s view, be against equity and good conscience. (h) Only to determine pay under this section, an active-duty member’s dependent is treated as a member. In a section 555 case, the determination is conclusive on other United States departments and agencies. It does not give the dependent otherwise unavailable pay, allowances, or compensation.
The Secretary concerned*, or his designee, may make any determination necessary to administer this chapter and, when so made, it is conclusive as to—
death or finding of death;
the fact of dependency under this chapter;
the fact of dependency for the purpose of paying six months’ death gratuities authorized by law;
the fact of dependency under any other law authorizing the payment of pay*, allowances, or other emoluments to enlisted members of the armed forces*, when the payments are contingent on dependency;
any other status covered by this chapter;
an essential date, including one on which evidence or information is received by the Secretary concerned; and
whether information received concerning a member* of a uniformed service is to be construed and acted on as an official report of death.
Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which section 555 of this title applies.
When the Secretary concerned, in a case to which section 555 of this title applies, receives information that he considers establishes conclusively the death of a member of a uniformed service, he shall, notwithstanding any earlier action relating to death or other status of the member, act on it as an official report of death. After the end of the 12-month period in a missing status* prescribed by section 555 of this title, the Secretary concerned, or his designee, shall, when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that a member in a missing status is dead, make a finding of death.
The Secretary concerned, or his designee, may determine the entitlement of a member to pay and allowances* under this chapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that a member captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation.
The Secretary concerned, or his designee, may, when warranted by the circumstances, reconsider a determination made under this chapter, and change or modify it.
When the account of a member has been charged or debited with an allotment paid under this chapter, the amount so charged or debited shall be recredited to the account of the member if the Secretary concerned, or his designee, determines that the payment was induced by fraud or misrepresentation to which the member was not a party.
Except an allotment for an unearned insurance premium, an allotment paid from pay and allowances of a member for the period he is entitled to pay and allowances under section 552 of this title may not be collected from the allottee as an overpayment when it was caused by delay in receiving evidence of death. An allotment payment for a period after the end of entitlement to pay and allowances under this chapter, or otherwise, which was caused by delay in receiving evidence of death, may not be collected from the allottee or charged against the pay of the deceased member.
The Secretary concerned, or his designee, may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience.
For the sole purpose of determining pay under this section, a dependent of a member of a uniformed service on active duty* is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section in a case to which section 555 of this title applies is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
Source credit: (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 629; amended Pub. L. 104–106, div. A, title V, § 569(c)(4), Feb. 10, 1996, 110 Stat. 351.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 629
- 1996Amended · Pub. L. 104-106 · 110 Stat. 351
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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