Death Gratuity

Death GratuitySec. 1013. (a) Increase in Death Gratuity.—(1) Amount.—Section 1478 of title 10, United States Code, is amended—119 STAT. 247(A) in subsection (a), by inserting “, except as provided in subsections (c), (e), and (f)” after “$12,000”;(B) by redesignating subsection (c) as subsection (d); and(C) by inserting after subsection (b) the following new subsection (c):“(c) The death gratuity payable under sections 1475 through 1477 of this title is $100,000 in the case of a death resulting from wounds, injuries, or illnesses that are—“(1) incurred as described in section 1413a(e)(2) of this title; or“(2) incurred in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense under section 1967(e)(1)(A) of title 38.”.(2) Conforming amendment.—Subsection (a) of such section, as amended by paragraph (1), is further amended by striking “(as adjusted under subsection (c))” and inserting “(as adjusted under subsection (d))”.(b) Retroactive Payment of Death Gratuity for Deaths After October 7, 2001, From Combat-Related Causes or Causes Incurred in Combat Operations or Areas.—Such section is further amended by adding at the end the following new subsection:“(e)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable in accordance with this subsection for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a).“(2) This subsection applies in the case of a member of the armed forces who dies before the date of the enactment of this subsection as a direct result of one or more wounds, injuries, or illnesses that—“(A) were incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or“(B) were incurred as described in section 1413a(e)(2) of this title on or after October 7, 2001.“(3) The amount of additional death gratuity payable under this subsection shall be $238,000, of which—“(A) $150,000 shall be paid in the manner specified in paragraph (4); and“(B) $88,000 shall be paid in the manner specified in paragraph (5).“(4) A payment pursuant to paragraph (3)(A) by reason of a death covered by this subsection shall be paid—“(A) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the payment of life insurance proceeds paid on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or“(B) in the case of a person who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who would have received proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries.“(5) A payment pursuant to paragraph (3)(B) by reason of a death covered by this subsection shall be paid equal shares to the beneficiaries who were paid the death gratuity that was paid with respect to that death under this section.”.119 STAT. 248(c) Payment of Death Gratuity for Certain Other Deaths From Combat-Related Causes or Causes Incurred in Combat Operations or Areas.—Such section is further amended by adding at the end the following new subsection:“(f)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable in accordance with this subsection for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (e).“(2) This subsection applies in the case of a member of the armed forces who dies during the period beginning on the date of the enactment of this subsection and ending on the first day of the first month that begins more than 90 days after such date of one or more wounds, injuries, or illnesses that—“(A) are incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or“(B) are incurred as described in section 1413a(e)(2) of this title.“(3) The amount of additional death gratuity payable under this subsection shall be $150,000.“(4) A payment pursuant to paragraph (3) by reason of a death covered by this subsection shall be paid—“(A) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the payment of life insurance proceeds payable on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or“(B) in the case of a person who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who receive proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries.”.(d) Effective Date.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act.(e) Termination.—(1) In general.—This section and the amendment made by this subsection shall terminate on September 30, 2005. Effective as of October 1, 2005, the provisions of section 1478 of title 10, United States Code, as in effect on the date before the date of the enactment of this Act shall be revived.(2) Continuing obligation to pay.—Any amount of additional death gratuity payable under section 1478 of title 10, United States Code, by reason of the amendments made by subsections (b) and (c) of this section that remains payable as of September 30, 2005, shall, notwithstanding paragraph (1), remain payable after that date until paid.