Page:United States Statutes at Large Volume 70.djvu/925

 70 S T A T. ]

PUBLIC LAW 881-AUG. 1, 1956

(b) Whenever the Administrator determines, on the basis of a claim for benefits filed with him under title II of this Act, that a death occurred under the circumstances referred to in subsection (a), he shall certify that fact to the Secretary concerned; in all other cases, he shall make the determination referred to in that subsection at the request of the Secretary concerned. (c) The standards, criteria, and procedures for determining in(iurrence or aggravation of a disease or injury under this section shall (except for line of duty) be those applicable under disability compensation laws administered by the Veterans' Administration. (d) For purposes of computing the amount of the death gratuity to be paid by reason of this section, the deceased person shall be deemed to be entitled on the date of his death to basic pay (plus special and incentive pays) at the rate to which he was entitled on the last day he performed such active duty, active duty for training, or inactive duty training. (e) No amounts shall be paid by reason of this section unless the Administrator determines that the deceased person was discharged or released under conditions other than dishonorable from such period of active duty, active duty for training, or inactive duty training.

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ADMINISTRATIVE PROVISIONS

SEC. 304. (a) No payment shall be made under this title if the deceased member of a uniformed service suffered death as a result of lawful punishment for crime or for a military or naval offense, except when death was so inflicted by any hostile force with which the Armed Forces of the United States have engaged in armed conflict. (b) Payments under this title shall be made from appropriations available for the pay of members of the uniformed service concerned. (c) A member of a reserve component of a uniformed service who performs active duty, active duty for training, or inactive duty training, without pay, snail, for the purposes of this title only, be considered as having been entitled to basic pay while performing such duties. In the case of a member of a reserve component of a uniformed service who suffers disability while on active duty, active duty for training, or inactive duty training, and is placed in a pay status while he is receiving hospitalization or medical care (including out-patient care) for such disability, he shall be deemed, for the purposes of this title, to continue on active duty, active duty for training, or inactive duty training, as the case may be, for so long as he remains in a pay status. (d) For purposes of this title, a man or woman shall be considered to be the spouse of a member of a uniformed service if legally married to the member of a uniformed service at the time of the member's death.

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TITLE IV—OLD-AGE A N D S U R VIV O R S INSURANCE PART A—PROVISIONS RELATING TO TITLE II OF THE SOCIAL SECURITY ACT DEFINITION OF W A < ^

SEC. 401. Section 209 of the Social Security Act is amended by adding at the end thereof the following new paragraph: "For purposes of this title, in the case of an individual performing service, as a member of a uniformed service, to which the provisions of section 210(m)(1) are applicable, the term 'wages' shall, subject to the provisions of subsection (a) of this section, include as such

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