50 U.S.C. § 4113 — Detention benefits to merchant seamen
submitted 78 years ago by ch. 826 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 354 words · no verdicts yet
The Commission may decide and pay detention-benefit claims by qualifying merchant seamen held by Germany or Japan during World War II. Claims are subject to exclusions, a filing deadline, and payment from the War Claims Fund.
(a) “Merchant seaman” means an individual employed as a seaman or crew member on a vessel registered under United States law or the law of a government friendly to the United States during World War II, who was a United States citizen from December 7, 1941, until death or filing a claim. It excludes someone entitled to or already receiving section 4104 benefits as a “civilian American citizen.” This section does not define those quoted terms. (b) The Commission may receive and decide, according to law, the amount and validity of a detention-benefit claim filed by or for a merchant seaman who, while a merchant seaman, was captured, interned, or held by Germany or Imperial Japan, its agents, or instrumentalities during World War II after December 7, 1941, as a prisoner, internee, hostage, or in any other capacity. Benefits use the rates and payment method in section 4104(c) and (d). (c) No payment may go to a merchant seaman or survivor who voluntarily, knowingly, and without duress aided, collaborated with, or served a government hostile to the United States during World War II. (d) A claim had to be filed within one year after August 31, 1954. (e) An allowed claim must be certified to the Treasury Secretary for payment from the War Claims Fund under section 4110.
As used in this section, the term “merchant seaman” means any individual who was employed as a seaman or crew member on any vessel registered under the laws of the United States, or under the laws of any government friendly to the United States during World War II, and who was a citizen of the United States on and after December 7, 1941, to the date of his death or the date of filing claim under this section; except any such individual who is entitled to, or who has received, benefits under section 4104 of this title as a “civilian American citizen”.
The Commission is authorized to receive and determine, according to law, the amount and validity, and provide for the payment of any claim for detention benefits filed by or on behalf of any merchant seaman who, being then a merchant seaman, was captured or interned or held by the Government of Germany or the Imperial Japanese Government, its agents or instrumentalities in World War II for any period of time subsequent to December 7, 1941, during which he was held by either such government as a prisoner, internee, hostage, or in any other capacity. Detention benefits shall be paid under this section at the rates prescribed and in the manner provided in subsections (c) and (d) of section 4104 of this title.
Payment of any claim filed under this section shall not be made to any merchant seaman, or to any survivor or survivors thereof, who, voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II.
Claims for benefits under this section must be filed within one year after August 31, 1954.
Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title.
Source credit: (July 3, 1948, ch. 826, title I, § 16, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1034; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
- 1948Enacted · Act of July 3, 1948, ch. 826 · 68 Stat. 1034
- 1962Amended · Pub. L. 87-846 · 76 Stat. 1107
A history note hasn’t been published yet. The record shows enactment by ch. 826 on 1948-07-03.
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