Authority To Pay Compensation .—
Punitive and Other Adverse Actions Covered .—
Dependent-Abuse Offenses .—
Recipients of Payments .—
Commencement and Duration of Payment .—
Amount of Payment .—
Spouse and Former Spouse Forfeiture Provisions .—
Effect of Continuation of Military Pay .—
Coordination of Benefits .—
Commissary and Exchange Benefits .—
Lodging Expenses .—
Exceptional Eligibility for Dependents of Members or Former Members .—
Regulations .—
Dependent Child Defined .—
Pub. L. 103–160, div. A, title V, § 554(a)(1)107 Stat. 1663Pub. L. 103–337, div. A, title V, § 535(a)108 Stat. 2762Pub. L. 104–106, div. A, title VI, § 636(a)110 Stat. 367Pub. L. 105–261, div. A, title V, § 570(a)112 Stat. 2032Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314Pub. L. 108–136, div. A, title V117 Stat. 1484–1486Pub. L. 112–239, div. A, title V, § 564(a)126 Stat. 1748Pub. L. 113–291, div. A, title VI, § 621128 Stat. 3401Pub. L. 115–91, div. A, title V, § 531l131 Stat. 1386Pub. L. 116–92, div. A, title VI, § 621133 Stat. 1426Pub. L. 117–81, div. A, title V, § 549(a)135 Stat. 1715Pub. L. 118–31, div. A, title VI137 Stat. 296(Added , , , § 1058; renumbered § 1059 and amended –(c)(1), title X, § 1070(a)(5)(A), , , 2763, 2855; , (b), title XV, § 1503(a)(8), , , 511; , (b), , ; , , ; , §§ 572(a), (b)(1), (c), 573(a), 574, , ; , , ; , , ; (), , ; , , ; , , ; , §§ 631, 632, , .)
Editorial Notes
Amendments
Pub. L. 118–31, § 632(3)2023—, substituted “subsection (m)” for “subsection (k)” wherever appearing.
Pub. L. 118–31, § 632(1), inserted “; lodging expenses” after “benefits” in section catchline.
Pub. L. 118–31, § 631(a)Subsec. (b)(3). , added par. (3).
Pub. L. 118–31, § 631(b)(1)(A)Subsec. (e)(1)(A). , inserted “or an offense described in subsection (b)(3)(B)” after “offense” in introductory provisions.
Pub. L. 118–31, § 631(b)(1)(B)Subsec. (e)(1)(A)(ii). , substituted “allowances;” for “allowances; and”.
Pub. L. 118–31, § 631(b)(2)Subsec. (e)(1)(B). , struck out “(if the basis for the separation includes a dependent-abuse offense)” after “with such regulations”.
Pub. L. 118–31, § 632(4)Subsec. (k). , added subsec. (k). Former subsec. (k) redesignated (m).
lPub. L. 118–31, § 632(2)lllSubsec. (). , which directed redesignation of subsec. (m) as (), was executed by making the redesignation and moving subsec. () so as to appear before subsec. (m), to reflect the probable intent of Congress. Former subsec. () redesignated (n).
Pub. L. 118–31, § 631(c), in introductory provisions, substituted “referred to in subsection (b) or” for “resulting in the separation of the former member or” and “and was subsequently” for “resulting in the separation of the former member and was subsequently”.
Pub. L. 118–31, § 632(2)lSubsec. (m). , redesignated subsec. (k) as (m). Former subsec. (m) redesignated ().
Pub. L. 118–31, § 631(d)Subsec. (m)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows:
“(A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.
“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”
Pub. L. 118–31, § 632(2)lSubsec. (n). , redesignated subsec. () as (n).
Pub. L. 117–812021—Subsec. (m)(4). amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The authority of the Secretary concerned under paragraph (1) may not be delegated.”
Pub. L. 116–92, § 621(1)2019—Subsec. (m). , (2), inserted “Members or” before “Former Members” in heading and “member or” before “former member” wherever appearing in pars. (1) and (2).
Pub. L. 116–92, § 621(3)Subsec. (m)(3), (4). , (4), added par. (3) and redesignated former par. (3) as (4).
Pub. L. 115–91, § 531lsection 860c of this titlesection 860(c) of this title2017—Subsec. (e)(1)(A)(ii). ()(1), substituted “the date of entry of judgment under (article 60c of the Uniform Code of Military Justice) if the sentence includes” for “the date of the approval of the court-martial sentence by the person acting under (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes”.
Pub. L. 115–91, § 531lsection 860c of this titlesection 860(c) of this titlesection 860(c) of this titleSubsec. (e)(3)(A). ()(2), substituted “conviction for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article),” for “conviction by a court-martial for a dependent-abuse offense and each such conviction is disapproved by the person acting under (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under , remitted, set aside, suspended, or mitigated to a lesser punishment that does not include any such punishment,”.
Pub. L. 113–2912014—Subsec. (d)(4). substituted “as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)” for “as of the date on which the individual described in subsection (b) is separated from active duty”.
Pub. L. 112–239, § 564(a)(1)2013—Subsec. (f)(4). , added par. (4).
lPub. L. 112–239, § 564(a)(2)Subsec. (). , substituted “or eligible spouse at the time of the dependent-abuse offense resulting in the separation of the former member or who was carried during pregnancy at the time of the dependent-abuse offense resulting in the separation of the former member and was subsequently born alive to the eligible spouse or former spouse” for “at the time of the dependent-abuse offense resulting in the separation of the former member” in introductory provisions.
Pub. L. 108–136, § 5742003—Subsec. (b)(2). , inserted “, voluntarily or involuntarily,” after “administratively separated”.
Pub. L. 108–136, § 572(a)section 860(c) of this titleSubsec. (e)(1)(A). , substituted “shall commence—” and cls. (i) and (ii) for “shall commence as of the date of the approval of the court-martial sentence by the person acting under (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and”.
Pub. L. 108–136, § 572(b)(1)Subsec. (e)(2). , substituted “a period of not less than 12 months and not more than 36 months, as established in policies prescribed by the Secretary concerned” for “a period of 36 months, except that, if as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of—
“(A) the unserved portion of the member’s period of obligated active duty service; or
“(B) 12 months”.
Pub. L. 108–136, § 572(c)section 860(c) of this titlesection 860(c) of this titleSubsec. (e)(3)(A). , substituted “conviction is disapproved by the person acting under (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under , remitted, set aside, suspended, or mitigated” for “punishment applicable to the member under the sentence is remitted, set aside, or mitigated”.
Pub. L. 108–136, § 573(a)Subsec. (m). , added subsec. (m).
Pub. L. 107–2962002—Subsecs. (a), (k)(1). substituted “of Homeland Security” for “of Transportation”.
Pub. L. 105–261, § 570(a)(1)1998—Subsec. (d)(1). , struck out “(except as otherwise provided in this subsection)” after “such compensation shall” and inserted before period at end “, including an amount (determined under subsection (f)(2)) for each, if any, dependent child of the individual described in subsection (b) who resides in the same household as that spouse or former spouse”.
Pub. L. 105–261, § 570(a)(2)Subsec. (d)(2). , substituted “is or, but for subsection (g), would be eligible” for “(but for subsection (g)) would be eligible” and “compensation under this section shall” for “such compensation shall”.
Pub. L. 105–261, § 570(a)(3)Subsec. (d)(4). , substituted “For purposes of this subsection” for “For purposes of paragraphs (2) and (3)”.
Pub. L. 105–261, § 570(b)Subsec. (f)(2). , substituted “has custody of a dependent child of the member who resides in the same household as that spouse or former spouse” for “has custody of a dependent child or children of the member”.
Pub. L. 104–106, § 636(a)1996—Subsec. (a). , inserted at end “Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program.”
Pub. L. 104–106, § 1503(a)(8)Subsec. (c)(2). , substituted “subsection (k)” for “subsection (j)”.
Pub. L. 104–106, § 636(b)(1)Subsec. (d). , in introductory provisions, substituted “the case of any individual described in subsection (b)” for “any case of a separation from active duty as described in subsection (b)” and “dependents of the individual” for “dependents of the former member”.
Pub. L. 104–106, § 636(b)(2)Subsec. (d)(1). , substituted “If the individual” for “If the former member” and “to whom the individual” for “to whom the member”.
Pub. L. 104–106, § 636(b)(3)Subsec. (d)(2). , substituted “individual described in subsection (b)” for “former member” in two places.
Pub. L. 104–106, § 636(b)(4)Subsec. (d)(3). , substituted “individual described in subsection (b)” for “former member”.
Pub. L. 104–106, § 636(b)(5)Subsec. (d)(4). , substituted “individual described in subsection (b)” for “member” in two places.
Pub. L. 104–106, § 1503(a)(8)Subsec. (g)(3). , substituted “subsection (k))” for “subsection (j))”.
Pub. L. 103–337, § 1070(a)(5)(A)section 1058 of this title1994—, renumbered as this section.
Pub. L. 103–337, § 535(c)(1), inserted “; commissary and exchange benefits” at end of section catchline.
Pub. L. 103–337, § 535(a)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows:
Commencement and Duration of Payment“(e) .—(1) Payment of transitional compensation under this section shall commence as of the date of the discontinuance of the member’s pay and allowances pursuant to the separation or sentencing of the member and, except as provided in paragraph (2), shall be paid for a period of 36 months.
“(2) If as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of—
“(A) the unserved portion of the member’s period of obligated active duty service; or
“(B) 12 months.”
lPub. L. 103–337, § 535(b)lSubsecs. (j) to (). , added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 531(p) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title V, § 564(b)126 Stat. 1749
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title V, § 572(d)117 Stat. 1485
Pub. L. 108–136, div. A, title V, § 573(b)117 Stat. 1485
Effective Date of 2002 Amendment
Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–261, div. A, title V, § 570(c)112 Stat. 2032
Effective Date
Pub. L. 103–160, div. A, title V, § 554(b)107 Stat. 1666Pub. L. 103–337, div. A, title X, § 1070(b)(5)108 Stat. 2856Pub. L. 104–106, div. A, title VI, § 636(c)110 Stat. 367
Duration of Transitional Compensation Payments
Pub. L. 108–136, div. A, title V, § 572(b)(2)117 Stat. 1485