10-U.S.C.-1490
§1490 – Transportation of Remains: Certain Retired Members and Dependents Who Die In Military Medical Facilities
Pathway
Title 10 > Subtitle A > Part II > Chapter 75 > Subchapter II > Section 1490
Details
- Reference: Section 1490
- Legend: §1490 – Transportation of Remains: Certain Retired Members and Dependents Who Die In Military Medical Facilities
- USCode Year: 2013
Provision Content
(a) Subject to subsection (b), when a member entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, dies while properly admitted under chapter 55 of this title to a medical facility of the armed forces, the Secretary concerned may transport the remains, or pay the cost of transporting the remains, of the decedent to the place of burial of the decedent.
(b)(1) Transportation provided under this section may not be to a place further from the place of death than the decedents last place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of death to the decedents last place of permanent residence.
(2) Transportation of the remains of a decedent may not be provided under this section if such transportation is authorized by sections 1481 and 1482 of this title or by chapter 23 of title 38.
(c) Definition of Dependent.—In this section, the term dependent has the meaning given such term in section 1072(2) of this title.
(Added Pub. L. 98–94, title X, §1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 100–26, §7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. A, title VI, §626(a), (b)(1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, §562(a), (b), Nov. 24, 2003, 117 Stat. 1483.)
Amendments
2003—Subsec. (a). Pub. L. 108–136, §562(a)(1), struck out located in the United States after armed forces.
Subsec. (b)(1). Pub. L. 108–136, §562(a)(2), struck out outside the United States or to a place before further.
Subsec. (c). Pub. L. 108–136, §562(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: In this section:
(1) The term ‘United States’ includes the Commonwealth of Puerto Rico and the territories and possessions of the United States.
(2) The term ‘dependent’ has the meaning given such term in section 1072(2) of this title.
1991—Pub. L. 102–190, §626(b)(1), amended section catchline generally. Prior to amendment, section catchline read as follows: Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility.
Subsec. (a). Pub. L. 102–190, §626(a)(1), inserted , or a dependent of such a member, after equivalent pay.
Subsec. (c). Pub. L. 102–190, §626(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: In this section, the term ‘United States’ includes the Commonwealth of Puerto Rico and the territories and possessions of the United States.
1987—Subsec. (c). Pub. L. 100–26 inserted the term after In this section,.
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title V, §562(c), Nov. 24, 2003, 117 Stat. 1483, provided that: The amendments made by this section [amending this section] shall apply only with respect to persons dying on or after the date of the enactment of this Act [Nov. 24, 2003].
Effective Date
Pub. L. 98–94, title X, §1032(b), Sept. 24, 1983, 97 Stat. 672, provided that: Section 1490 of title 10, United States Code, as added by subsection (a), shall apply with respect to the transportation of the remains of persons dying after September 30, 1983.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1489 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1489, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
Title 10 – Armed Forces in the Legal Encyclopedia: Deceased
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to deceased in the American Encyclopedia of Law, presenting a comprehensive view of the United States deceased-specific issues, written by authorities in the field.
Leave a Reply