Page:United States Statutes at Large Volume 70.djvu/924

 868

PUBLIC LAW 88l-AUG. 1, 1956

[70 S T A T,

payments of dependency and indemnity compensation due or to become due under this title shall not be exempt from levy under the provisions of subchapter D of chapter 64 of the Internal Revenue 2e'^us^c 6*3^31- ^o<i6 of 1954, relating to seizure of property for collection of taxes. 6344.

TITLE III—DEATH GRATUITY DEATHS ENTITLING SURVIVORS TO DEATH GRATUITY

SEC. 301. (a) Except as provided in section 304(a), the Secretary concerned shall have a death gratuity paid immediately upon official notification of the death of a member of a uniformed service under his jurisdiction who dies while on active duty, active duty for training, or inactive duty training. (b) The death gratuity shall equal six months' basic pay (plus special and incentive pays) at the rate to which the deceased member of a uniformed service was entitled on the date of his death, but shall not be less than $800 nor more than $3,000. (c) The death gratuity shall be paid to or for the living survivor or survivors of the deceased member of a uniformed service first listed below: (1) His spouse. (2) His children (without regard to their age or marital status) in equal shares. (3) His parents or his brothers or sisters (including those of the half blood and those through adoption), when designated by him. (4) His parents in equal shares. (5) His brothers and sisters (including those of the half blood and those through adoption) in equal shares. (d) If a survivor dies before he receives the amount to which he is entitled under this title, such amount shall be paid to the then living survivor or survivors first listed under subsection (c). IMMEDIATE PAYMENT OP DEATH GRATUITY

SEC. 302. I n order that payments under section 301 may be made immediately, the Secretary concerned (1) shall authorize the commanding officers of military or naval commands, installations, or districts, in which survivors or deceased members of the Army, Navy, Air Force, Marine Corps, or Coast Guard are residing, to determine the survivors eligible to receive the death gratuity, and (2) shall authorize the disbursing or certifying officer of each such command, installation, or district to make the payments to the survivors so determined, or certify the payments due to such survivors, as may be appropriate. DEATH GRATUITY COVERAGE AFTER ACTIVE SERVICE

SEC. 303. (a) The Secretary concerned shall have a death gratuity paid in any case where a member or former member of a uniformed service dies on or after January 1, 1957, during the one hundred and twenty-day period which begins on the day following the date of his discharge or release from active duty, active duty for training, or inactive duty training, if the Administrator determines that the death resulted— (1) from disease or injury incurred or aggravated while on such active duty or active duty for training; or (2) from injury incurred or aggravated while on such inactive duty training.

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