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PUBLIC LAW 85-738-AUG. 23, 1958

[72

ST AT.

as amended by the first section of this Act, whichever is applicable, shall be held and considered to be effective as of the first day of the first pay period following the pay period in which the payroll change is approved with respect to such individual. Approved August 23, 1958.

Public Law 85-738 August 23, 1958 [H. R. 3820]

Coast Guard. P ersonne claims. 63 Stat. 534.

Personal property.

"Survivor."

Conditions.

AN ACT To amend sections 490 and 645 of title 14, United States Code, relative to the settlement of claims of military and civilian iiersonnel of the Coast Guard, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 490 of title 14 of the United States Code is amended as follows: (1) By amending subsection (a) thereof by inserting therein the words "not in excess of $6,500" after the words "pay any claim". (2) By redesignating subsections (b), (c), and (d) thereof as (c), (d), and (e), respectively, and by inserting after subsection (a) thereof the following new subsection: "(b) I n the event of the death of any person among the military personnel or civilian employees enumerated in subsection (a), the Secretary may consider, ascertain, adjust, determine, settle, and pay any claim, otnerwise cognizable under this section, presented by the survivor of such person for damage to or loss, destruction, capture, or abandonment of the personal property of such person, regardless of whether such damage, loss, destruction, capture, or abandonment occurred concurrently with or subsequent to such death. For the purposes of this section, the term 'survivor' means surviving spouse, child or children, parent or parents, or brothers or sisters or both, of the decedent, and claims by survivors shall be settled and paid in that order of precedence." (3) By amending redesignated subsection (c) thereof to read as follows: "(c) No claim shall be settled under this section unless presented in writing within two years after the accident or incident out of which such claim arises has occurred; if such accident or incident occurs in time of war or in time of armed conflict in which the Armed Forces of the United States are engaged, or if war or such armed conflict intervenes within two years after its occurrence, any claim may, on good cause shown, be presented within two years after such good cause ceases to exist, but not later than two years after peace is established or such armed conflict terminates. The dates of commencement and termination of an armed conflict for the purpose of this subsection shall be as established by concurrent resolution of the Congress or by determination of the President." SEC. 2. Notwithstanding the provisions of section 490 of title 14, United States Code, as amended by this Act, any claim cognizable under that section which has not heretofore been presented for consideration, or has been presented for consideration and disapproved for the reason that the claimant did not file such claim within the time authorized by law, or any claim cognizable thereunder of any survivor which has not heretofore been presented for consideration, or has been presented for consideration and disapproved for the reason that heretofore such survivor acquired no right of recovery under that section may, at the written request of the claimant made within one year from the date of the enactment of this Act, be considered or reconsidered and settled in accordance with the provisions thereof.

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