Page:United States Statutes at Large Volume 56 Part 1.djvu/411

 77TH CONG. , 2D SESS.-CH. 443-JUNE 23, 1942 dependents in the same ratio in which they share the total Gov- ernment contribution payable to them under section 105. (2) If one or more of such dependents are Class A dependents and one or more of such dependents are Class B dependents, $22 of such amount shall be apportioned among such Class A depend- ents in the same ratio in which they share the total Government contribution payable to such Class A dependents under section 105 and $5 of such' amount shall be apportioned among such Class B dependents in the same ratio in which they share the total Gov- ernment contribution payable to such Class B dependents under section 105. (c) Notwithstanding any other provision of this title, in any case in which a family allowance is granted under this title to a wife or a child living separate and apart from the enlisted man under a court order or a written agreement, or to a former wife divorced, the amount of the family allowance payable to such wife, child, or former wife divorced shall not exceed the amount fixed in the court order or decree or in the written agreement as the amount to be paid to such wife, child, or former wife divorced. In any case in which the appli- cation of the provisions of the preceding sentence results in a reduction in a family allowance which would otherwise be payable under this title, the amount by which the pay of the enlisted man is reduced or with which it is charged and the amount of the Government contri- bution to such family allowance may each be reduced in accordance with such regulations as may be prescribed by the Secretary of the department concerned. SEC. 107. Any monthly family allowance provided for by this title shall be paid for the period beginning with the day on which applica- tion therefor is filed or the day on which the dependent or dependents first become entitled thereto under section 101, whichever is later, and ending with the day on which the disbursing officer paying the allow- ance receives notice of a change in status of the enlisted man concerned which terminated the right of his dependent or dependents to receive such allowance or notice of the discharge from or death in the service of such enlisted man: Provided, That in the case of any dependent of an enlisted man in active service on the date of enactment of this Act, if application is filed for a monthly family allowance within six months after such date of enactment or within such longer period as may be prescribed in special cases by the Secretary of the department concerned, the period for which such family allowance shall be paid shall begin with the date on which such dependent first becomes entitled thereto under section 101: Providedfurther, That the Secre- tary of War and the Secretary of the Navy may, by regulations prescribed by them jointly, fix the dates of commencement and ter- mination of any such family allowance on any dates not more than one month before or one month after the dates above prescribed. Such regulations shall in no event provide for the payment of such allow- ances for any period prior to June 1, 1942, or for any period when the United States is not engaged in a war declared by Congress and which is more than six months later than the date of termination of any such war. Anv allowances which accrue under this title for the period preceding November 1, 1942, shall not be actually paid until after November 1, 1942. SEC. 108. In any case in which any allotment from the pay of an enlisted man is already in effect at the time a monthly family allow- ance becomes payable under this title to a dependent or dependents of such enlisted man, such allotment may be continued, modified, or discontinued in accordance with such regulations as may be prescribed by the head of the department concerned. Payments in case of divorce or separation. Commencement and termination. Provios. Enlisted men in aeo tive service on date of enactment. Joint regulations. Limitations. Earliest date for ao- tual payment. Post, p. 747. Effect on existing allotments. 383 56 STAT.]

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