Page:United States Statutes at Large Volume 56 Part 1.djvu/172

 PUBLIC LAWS-CH. 166-MAR. 7, 1942 Persons reported missing, captured, etc. Proeisos. Not absent without authority. Expiration of term of service. Absence without au- thority. Allotments for de- pendents or insurance premiums. Post, p. 1092. Provisos. Lack of previously executed allotment, etc. Initial period of 6 months. Additional 6 months' period. Reversion of un- earned premiums. Limitation. Continuance, sus- pension, or resump- tion of payments. SEC. 2. Any person who is in active service and is officially reported as missing, missing in action, interned in a neutral country, or cap- tured by an enemy shall, while so absent, be entitled to receive or to have credited to his account the same pay and allowances to which such person was entitled at the time of the beginning of the absence or may become entitled to thereafter: Provided, That such person shall not have been officially reported as having been absent from his post of duty without authority: Provided further, That expiration of the agreed term of service during the period of such absence shall not operate to terminate the right to receive such pay and allowances: And provided further, That should proper authority subsequently determine that the person concerned had been absent from his post of duty without authority, such person shall be indebted to the Gov- ernment in the amount for which payments have been made or pay and allowances credited to his account in accordance with the provi- sions of this Act during such absence. SEC. 3. Any person entitled under section 2 of this Act to receive pay and allowances, and who has made an allotment of pay for the support of dependents or for the payment of insurance premiums, shall be entitled to have such allotments for dependents or insurance premiums as he previously may have executed continued for a period of twelve months from date of commencement of absence, notwith- standing that the period for which the allotments had been executed may have expired during such twelve months' period, and the proper disbursing officer shall so continue the allotments during such absence: Provided, That in the absence of a previously executed allotment, or where the allotment made is not sufficient for reasonable support of a dependent and for the payment of insurance premiums, the head of the department concerned may direct that an allotment not to exceed the base pay, plus longevity of the person concerned, shall be paid by the appropriate disbursing officer to the insurer or such dependent as has been designated in official records or, in the absence of such designation, to such person as may be determined by the head of the department concerned, or by such person as he may designate, to be a bona fide dependent within the meaning of section 1 (c) Provided further, That for the initial period of six months, unless prior decision as to status is made, a monthly allotment for support of such dependent shall be paid in an amount not to exceed the nlonthly base pay, plus longevity, without regard to the fact that the six months' death gratuity Ilay b e p:liil :lter: PIrovided further, That at the expiration of the init ial six montlls' period, no fulrther decision having been made as to status, the payment as heretofore provided shall continue for an additional period not to exceed six months; any payment paid to a dependent for a period subsequent to date of death, if death occurred subsequent to the expiration of the first six months' period, shall be deducted from the six months' gratuity: Provided further, That the premiums on insurance issued on the life of the person paid by the Government subsequent to the declared date of death and unearned shall revert to the appropriations of the department concerned: And provided further, That the total of all payments made under this section, including those for insurance premiums, shall not exceed the total pay and longevity pay due. SEC. 4. When in the opinion of the head of the department con- cerned the circumstances surrounding the absence of a missing person of one of the classes mentioned in section 2 of this Act justifies such action, in the interest of the Government, or of the missing person, or of a dependent of the missing person, the head of the department, or such person as he may designate, may direct the continuance, sus- pension, or resumption of payments of the pay and allowances of 144 [56 STAT.

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