32-U.S.C.-714

§714 – Final Settlement of Accounts: Deceased Members

Pathway

Title 32 > Chapter 7 > Section 714

Details

• Reference: Section 714
• Legend: §714 – Final Settlement of Accounts: Deceased Members
• USCode Year: 2013

Provision Content

(a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955, 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 members 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 with those prescribed for the armed forces under section 2771(b) of title 10.

(c) Under such regulations as the Secretary concerned may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be.

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

(Added Pub. L. 85–861, §2(12), Sept. 2, 1958, 72 Stat. 1546; amended Pub. L. 87–46, June 16, 1961, 75 Stat. 92; Pub. L. 104–316, title II, §202(q), Oct. 19, 1996, 110 Stat. 3844.)

In subsection (a), the definition of the term Department, in 37:361, is omitted as unnecessary, since the particular departments referred to are spelled out in the revised text. The definition of the term uniformed services, in 37:361, is omitted as covered by the word member in this revised section. Clauses (1)–(6) are substituted for the last 5 clauses of 37:362. The words regulations to be prescribed by the Secretary concerned are substituted for the words regulations of the Department concerned, since the Department, as such, cannot issue regulations.

In subsection (a)(2), the words Surviving spouse are substituted for the words widow or widower. As defined in section 101(18) of this title, spouse includes a widower.

In subsection (b), the words are subject to are substituted for the words shall be made under.

In subsection (c), the word Under is substituted for the words Subject to. The words rules and are omitted as surplusage.

Amendments

1996—Subsec. (c). Pub. L. 104–316, in first sentence, substituted Secretary concerned for Comptroller General and struck out at end Payment under clause (6) of subsection (a) shall be made—

(1) upon settlement by the General Accounting Office; or

(2) as otherwise authorized by the Comptroller General.

1961—Subsec. (c). Pub. L. 87–46 substituted Payment under clause (6) of subsection (a) shall be made—

(1) upon settlement by the General Accounting Office; or

(2) as otherwise authorized by the Comptroller General.

for Payments under clauses (2)–(6) of subsection (a) may be paid only after settlement by the General Accounting Office.

Designation of Beneficiary Made Before January 1, 1956

Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of this section, see note set out under section 2771 of Title 10, Armed Forces.

U.S. Encyclopedia of Law Coverage

32-U.S.C.-507 in the Legal Encyclopedia: National Guard

In this entry about 32-U.S.C.-507, find legal reference material, bibliographies and premiere content related to national guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States national guard-specific issues, written by authorities in the field.

31-U.S.C.-6308 in the Legal Encyclopedia: Procurement

In this entry about 31-U.S.C.-6308, find legal reference material, bibliographies and premiere content related to procurement in the American Encyclopedia of Law, presenting a comprehensive view of the United States procurement-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 32 (National Guard) guided by subject interests.