Page:United States Statutes at Large Volume 107 Part 2.djvu/716

 107 STAT. 1666 PUBLIC LAW 103-160—NOV. 30, 1993 Defense and who is (or, at the time a punitive or other adverse action was executed in the case of the former member as described in subsection (b), was) dependent on the former member for over one-half of the child's support.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1056 the following new item: \ "1058. Dependents of members separated for dependent abuse: transitional compensation.". 10 USC 1058 \ (b) EFFECTIVE DATE.—<1) Section 1058 of title 10, United States "° ^- Code, as added by subsection (a), shall apply with respect to a member of the Armed Forces who, on or sifter the date of the enactment of this Act— (A)\is separated from active duty as described in subsection (b) of such section; or (B) forfeits all pay and allowances as described in such subsection. (2) Notwithstanding paragraph (1), no payment may be made under such section 1058 with respect to any period before April 1, 1994. SEC. 555. CLARIFICATION OF ELIGIBILITY FOR BENEFITS FOR DEPENDENT VICTIMS OF ABUSE BY MEMBERS OF THE ARMED FORCES PENDING LOSS OF RETIRED PAY. (a) PAYMENT REQUIRED.—Subsection (h) of section 1408 of title 10, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): (lOXA) For purposes of this subsection, in the case of a member of the armed forces who has been sentenced by a court-martial to receive a punishment that will terminate the elig[ibility of that member to receive retired pay if executed, the eligibility of that member to receive retired pay may, as determined by the Secretary concerned, be considered terminated effective upon the approval of that sentence by the person acting under section 860(c) of this title (article 60(c) of the tfniform Code of Military Justice). ''(B) If each form of the punishment that would result in the termination of eligibility to receive retired pay is later remitted, set aside, or mitigated to a punishment that does not result in the termination of that eligibility, a payment of benefits to the eligible recipient under this subsection that is based on the punishment so vacated, set aside, or mitigated shall cease. The cessation of payments shall be effective as of the first day of the first month following the month in which the Secretary concerned notifies the recipient of such benefits in writing that payment of the benefits will cease. The recipient may not be required to repay the benefits received before that effective date (except to the extent necessary to recoup any amount that was erroneous when paid).". (b) ADMINISTRATION FOR THE COAST GUARD. —Such Subsection is further amended— (1) in paragraph (2)(A), by inserting after "Secretary of Defense" the following: "or, for the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Transportation"; and

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