Page:United States Statutes at Large Volume 70A.djvu/270

212 212 provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Army. § 3687. Compensation: members of Army other than of Regular Army; when same a s that provided for members of Regular Army A member of the Army, other than of the Regular Army, is entitled to the pay and allowances, pensions, and other compensation provided by law or regulation for a member of the Regular Army of corresponding grade and length of service, whenever— (1) he is called or ordered to active duty (other than for training) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or (2) he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed. § 3688. Death g r a t u i t y (a) The office or officer designated by the Secretary of the Army shall pay a death gratuity to the survivor named in subsection (b) of— (1) each member of the Regular Army on active duty who dies from a disability incurred not as a result of his own misconduct; and (2) each member of the Army, other than of the Regular Army, who dies from a disability or injury not the result of his misconduct incurred— (A) while on active duty for a period of more than 30 days, if the death is caused by disease; or (B) while on active duty or inactive duty training for any period, if the death is caused by injury. The death gratuity shall be equal to six months' pay at the rate to which the member was entitled on the date of his death. (b) The amount payable under subsection (a) shall be paid, immediately upon receipt of official notification of the death of the member, to the living person highest on the following list: (1) The surviving spouse. (2) His child or children, except a married child or an unmarried child over 21 years of age who was not a dependent of the deceased member. (3) Any other dependent relative designated by the deceased member. (4) Any dependent grandchild, parent, brother, sister, or grandparent of the deceased member whom the Secretary of the Army determines to have been dependent upon the deceased member. (c) If a beneficiary dies before he receives the death gratuity, it shall be paid to the living beneficiary next in the order set forth in subsection (b). (d) The determination of the Secretary as to dependency under subsection (b)(4) is conclusive upon the General Accounting Office. (e) The Secretary shall, by regulation, require each member of the Army having no wife or eligible child to designate the dependent relative to whom the death gratuity shall be paid upon his death. (f) Payments under subsection (a)(1) shall be made from funds appropriated for the pay of the Army.

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