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PUBLIC LAW 85-857-SEPT. 2, 1958

[72 S T A T.

CHAPTER 13—DEPENDENCY A N D INDEMITY COMPENSATION FOR SERVICE-CONNECTED DEATHS Sec. 401. 402. 403. 404.

SUBCHAPTER I — G E N E E A L

Definitions. Computation of basic pay. Coverage of members of Reserve Officers' Training Corps. Special provisions relating to widows. SUBCHAPTER II—DEPENDENCY AND INDEMNITY COMPENSATION

410. 411. 412 413. 414. 415. 416. 417.

Deaths entitling survivors to dependency and indemnity compensation. Dependency and indemnity compensation to a widow. Benefits in certain cases of in-service or service-connected deaths. Dependency and indemnity compensation to children. Supplemental dependency and indemnity compensation to children. Dependency and indemnity compensation to parents. Dependency and indemnity compensation in cases of prior deaths. Restriction on payments under this chapter. SUBCHAPTER III—CERTIFICATIONS

421. Certifications with respect to basic pay. 422. Certifications with respect to social security entitlement. 423. Certifications by Administrator.

Subchapter I—General § 401. Definitions As used in this chapter— (1) The term "basic pay" means the monthly pay prescribed by 37 use232.308. sectioiis 232 (a), 232 (e), or 308 of Title 37, as may be appropriate, for a member of a uniformed service on active duty. (2) The term "veteran" includes a person who died in the active military, naval, or air service. § 402. Computation of basic pay (a) With respect to a veteran who died in the active military, naval, or air service, his basic pay shall be that prescribed on January 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service as that of the deceased veteran at the time of his death. (b) With respect to a veteran who did not die in the active military, naval, or air service, his basic pay shall be that prescribed on January 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and 3'ears of service as that of the deceased veteran— (1) at the time of his last discharge or release from active duty under conditions other than dishonorable; or (2) at the time of his discharge or release from any period of active duty for training or inactive duty training, if his death results from service-connected disability incurred during such period and if he was not thereafter discharged or released under conditions other than dishonorable from active duty. (c)(1) The basic pay of any veteran described in section 106(b) of this title shall be that to which he would have been entitled upon final acceptance or entry upon active duty. (2) The basic pay of any person not otherwise described in this section, but who had a compensable status on the date of his death under laws administered by the Veterans' Administration, shall be determined by the head of the department under which such person performed the services by which he obtained such status (taking into consideration his duties, responsibilities, and years of service) and certified to the Administrator. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services.

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