Pub. L. 84-881, tit. III, sec. 303

death gratuity coverage after active service

EnactedYear: 1956Length: 321 wordsOfficial source
death gratuity coverage after active service Sec. 303. (a) The Secretary concerned shall have a death gratuity paid in any case where a member or former member of a uniformed service dies on or after January 1, 1957, during the one hundred and twenty-day period which begins on the day following the date of his discharge or release from active duty, active duty for training, or inactive duty training, if the Administrator determines that the death resulted— (1) from disease or injury incurred or aggravated while on such active duty or active duty for training; or (2) from injury incurred or aggravated while on such inactive duty training. 70 Stat. 869 (b) Whenever the Administrator determines, on the basis of a claim for benefits filed with him under title II of this Act, that a death occurred under the circumstances referred to in subsection (a), he shall certify that fact to the Secretary concerned; in all other cases, he shall make the determination referred to in that subsection at the request of the Secretary concerned. (c) The standards, criteria, and procedures for determining incurrence or aggravation of a disease or injury under this section shall (except for line of duty) be those applicable under disability compensation laws administered by the Veterans’ Administration. (d) For purposes of computing the amount of the death gratuity to be paid by reason of this section, the deceased person shall be deemed to be entitled on the date of his death to basic pay (plus special and incentive pays) at the rate to which he was entitled on the last day he performed such active duty, active duty for training, or inactive duty training. (e) No amounts shall be paid by reason of this section unless the Administrator determines that the deceased person was discharged or released under conditions other than dishonorable from such period of active duty, active duty for training, or inactive duty training.