Page:United States Statutes at Large Volume 72 Part 1.djvu/1587

 72 S T A T. ]

PUBLIC LAW 8 6 - 8 6 1 - S E P T. 2, 1958

1646

"(1) full-time training or duty under section 31C, 502, 503, 604, or 505 of this title; or ^^2 USC 3 le, 502"(2) other training or duty performed under one of those sections or under section 301 of title 37 (other than work or study 37 USC 301. in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service); if the Administrator of Veterans' Affairs determines that the death resulted from (A) disease or injury incurred or aggravated while performing training or duty under clause (1) or the travel described in subsection (c), or (B) injury incurred or aggravated while performing training or duty under clause (2) or the travel described in subsection (c)(2). "(c) The travel covered by subsection (b) is— " (1) authorized travel to or from the training or duty described in subsection (b)(l); o r "(2) travel directly to or from the training or duty described in subsection (b)(1) or (2) that is performed by a member of the National Guard who, when authorized or required by an authority designated by the Secretary concerned, assumed an obligation to perform that training or duty, and whose injury was incurred or aggravated after December 31, 1956. " (d) For the purposes of subsections (b) and (c), the standards and procedures for determining the incurrence or aggravation of a disease or injury are those appRcable under the laws relating to disability compensation administered by the Veterans' Administration, except that there is no requirement under this section that any incurrence or aggravation have been in line of duty. "(e) A (feath gratuity payable upon the death of a person covered by subsections (a) - (d) shall be paid to or for the living survivor named in section 1477 of title 10, except that references in that section to section 1475 or 1476 shall be treated as references to subsection (a) or subsections (b) - (d) of this section, as the case may be. " (f) The death gratuity payable under this section shall be equal to 6 months' pay at the rate to which the decedent was entitled on the date of his death, except that the gratuity may not be less than $800 or more than $3,000. For this purpose: "(1) A person covered by subsection (a), (b), or (c) is considered to have been entitled, on the date of his death, to pay at the rate to which he was entitled on the last day on which he performed training or duty. "(2) A person covered by subsection (a), (b), or (c) who performed training or duty without pay is considered to have been performing that training or duty with pay. "(3) A person covered by subsection (a), (b), o r (c) who incurred a disability while performing training or duty under sec- 32 USC 316,502tion 316, 502, 503, 504, or 505 of this title or under section 301 of title 37 and who became entitled to basic pay while receiving 37 USC 301. hospital or medical care, including out-patient care, for that disability, is considered to have been on that training or duty for as long as he is entitled to that pay. " (g) The Secretary of the Army, the Secretary of the Air Force, and the Administrator of Veterans' Affairs have the same obligations with respect to payments under subsections (a), (b), and (c) as they have under sections 1479 and 1480 (c) of title 10. " (h) Payments under this section are subject to the restrictions that section 1480(a), (b), and (d) of title 10 imposes on payments under sections 1475-1477 of that title."

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