Page:United States Statutes at Large Volume 110 Part 1.djvu/487

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 463 SEC. 1122. REQUIRED FORFEITURE OF PAY AND ALLOWANCES DUR- ING CONFINEMENT. (a) EFFECT OF PUNITIVE SEPARATION OR CONFINEMENT FOR MORE THAN SIX MONTHS.— (1) Subchapter VIII is amended by inserting after section 858a (article 58a) the following: "§ 858b. Art. 58b. Sentences: forfeiture of pay and allowances during confinement "(a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay and allowances due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under section 857(a) of this title (article 57(a)) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay and allowances due that member during such period. "(2) A sentence covered by this section is any sentence that includes— "(A) confinement for more than six months or death; or "(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal. "(b) In a case involving an accused who has dependents, the convening authority or other person acting under section 860 of this title (article 60) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused. "(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.". (2) The table of sections at the beginning of subchapter VIII is amended by adding at the end the following new item: "858b. 58b. Sentences: forfeiture of pay and allowances during confinement.". (b) APPLICABILITY.—The section (article) added by the amend- 10 USC 858b ment made by subsection (a)(1) shall apply to a case in which "ote. a sentence is adjudged by a court-martial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act. (c) CONFORMING AMENDMENT.— (1) Section 804 of title 37, United States Code, is repealed. (2) The table of sections at the beginning of chapter 15 of such title is amended by striking out the item relating to section 804. SEC. 1123. DEFERMENT OF CONFINEMENT. (a) DEFERMENT. — Subchapter VIII is amended— (1) by inserting after subsection (c) of section 857 (article 57) the following:, ,

�