Page:United States Statutes at Large Volume 58 Part 1.djvu/700

 PUBLIC LAWS--CH. 371-JULY 1, 1944 56 Stat. 144. Continuance of al- lotments. Ante, p. 679. New allotments or increases. Limitation. Reversion of un- earned premiums. 56 Stat. 144 . Initiation, discon- tinuance, etc., of pay- ments. Ante, p. 671 66Stat. 145 . 56 Stat. 145 . Determinations of status, dates, etc. Finding of death. 56 Stat. 145 . 50 U.S. C., Supp. m, app. I 100. Payment, etc, not recoveable. lxeBpUMoa be officially determined absent from his post of duty without authority and he shall be indebted to the Government for any payments from amounts credited to his account for such period." SEC 3. That section 3 of such Act is amended to read as follows: "SEC. 3 . For the period that any person is entitled under section 2 of this Act to receive or be credited with pay and allowances, such allotments as may have been executed prior to the beginning of his absence, including allotments for the purchase of United States sav- ings bonds, may be continued, except as otherwise herein provided, and notwithstanding any expiration of a period for which an allot- ment had been executed. In the absence of an allotment or when an allotment is insufficient for any purpose authorized by the head of the department concerned, such new allotments or increases as circumstances are deemed to warrant may be authorized by the head of the department concerned, or such subordinate as he may desig- nate, payable during any period of the absent person's entitlement to pay and allowances under section 2 of this Act: Provided,That the aggregate of all allotments in effect, from pay and allowances of an absent person, does not exceed the amount of pay and allowances such absent person would be permitted to allot under regulations of the department concerned: Provided further, That any premium paid by the Government on insurance issued on the life of a person, which is unearned by reason of being for a period subsequent to the date of death of such person, shall revert to the appropriation of the department concerned." SEC. 4 . That section 4 of such Act is amended to read as follows: "SEC. 4 . When circumstances are deemed to justify such action in the interests of a person entitled to receive or be credited with pay and allowances under section 2 of this Act, in the interests of the dependents of such person, or in the interests of the Government, the head of the department concerned, or such subordinates as he may designate, may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allot- ments from the pay and allowances of such person, subject to the provisions of section 6 of this Act." SEc. 5 . That section 9 of such Act is amended to read as follows: "SEC. 9 . The head of the department concerned, or such subordinate as he may designate, shall have authority to make all determinations necessary in the administration of this Act, and for the purposes of this Act determinations so made shall be conclusive as to death or finding of death, as to any other status dealt with by this Act, and as to any essential date including that upon which evidence or information is received in such department or by the head thereof. The determination of the head of the department concerned, or of such subordinate as he may designate, shall be conclusive as to whether information received concerning any person is to be construed and acted upon as an official report of death. When any information deemed to establish conclusively the death of any person is received in the department concerned, action shall be taken thereon as an official report of death, notwithstanding any prior action relating to death or other status of such person. If the twelve months' absence prescribed in section 5 of this Act has expired, a finding of death shall be made whenever information received, or a lapse of time without information, shall be deemed to establish a reasonable pre- sumption that any person in a missing or other status is no longer alive. Payment or settlement of an account made pursuant to a report, determination, or finding of death shall not be recovered or reopened by reason of a subsequent report or determination which fixes a date of death except that an account shall be reopened and [58 STAT.

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