Page:United States Statutes at Large Volume 58 Part 1.djvu/149

 58 STAT.] 78TH CONG., 2D SESS.- - CH. 141-MAR. 29, 1944 [CHAPTER 141] To amend the provision of the Act authorizing payment of six months' death gratuity to widow, child, or dependent relative of officers, enlisted men, or nurses of the Navy or Marine Corps, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision contained in the Act approved June 4, 1920 (41 Stat. 824), as amended (45 Stat. 710; 56 Stat. 146; 34 U. S. C., Supp. 943), is hereby further amended to read as follows: "Immediately upon offi- cial notification of the death from wounds or disease, not the result of his or her own misconduct, of any officer, enlisted man, or nurse on the active list of the Regular Navy or Regular Marine Corps, or on the retired list when on active duty, the Paymaster General of the Navy shall cause to be paid to the widow, and if there be no widow, to the child or children, and if there be no widow or child, to any other dependent relative of such officer, enlisted man, or nurse previously designated by him or her, an amount equal to six months' pay at the rate received by such officer, enlisted man, or nurse at the date of his or her death. The Secretary of the Navy shall establish regulations requiring each officer and enlisted man or nurse having no wife or child to designate the proper dependent relative to whom this amount'shall be paid in case of his or her death. Said amount shall be paid from funds appropriated for the pay of the Navy and pay of the Marine Corps, respectively: Provided,That if there be no widow, child, or previously designated dependent relative, the Secre- tary of the Navy shall cause the amount herein provided to be paid to any grandchild, parent, brother or sister, or grandparent shown to have been dependent upon such officer, enlisted man, or nurse prior to his or her death, and the determination of such fact by the Secretary of the Navy shall be final and conclusive upon the account- ing officers of the Government: Provided further, That nothing in this section or in other existing legislation shall be construed as mak- ing the provisions of this section applicable to officers, enlisted men, or nurses of any forces of the Navy of the United States other than those of the Regular Navy and Marine Corps, and nothing in this section shall be construed to apply in commissioned grades to any officers except those holding permanent or probationary appoint- ments in the Regular Navy or Marine Corps: Provided further,That the provisions of this section shall apply to the officers and enlisted men of the Coast Guard, and the Secretary of the Treasury will cause payment to be made accordingly: And provided further, That in the event of the death of any beneficiary before payment to and collec- tion by such beneficiary of the amount authorized herein, such amount shall be paid to the next living beneficiary in the order of succession above stated." SEC. 2. Nothing contained in section 1 of this Act shall be con- strued to invalidate or in any manner affect any payments of the six months' death gratuity made prior to the date of approval of this Act, but no payment of such gratuity shall hereafter be made to the representative of the estate of a beneficiary who died prior to such approval. SEC. 3 . The Act approved March 17, 1941, entitled "An Act extend- ing the provisions of the Act approved August 27, 1940, entitled 'An Act increasing the number of naval aviators in the line of the Regular Navy and Marine Corps, and for other purposes'" (55 Stat. 43; 34 U. S. C., Supp. 855c-2), is hereby amended by inserting before the AN ACT 93650o 45-r- -T. --0 March 29, 1944 [8. 1428] [Fublic Law 269] Navy or Marine Corps. Death gratuity to widow, child, or de- pendent relative. Designation of de pendent relative as beneficiary. Funds available. Determination of payee if beneficiary not designated. Applicability. Coast Guard. Death of beneficiary before payment. Prior payments not invalidated. Paymentstoestates, restriction. Naval Reserve and Marine Crps Re- serve. 129

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