1995 U.S. Code
Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 13 - ALLOTMENTS AND ASSIGNMENTS OF PAY
Sec. 701 - Members of the Army, Navy, Air Force, and Marine Corps; contract surgeons

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§701. Members of the Army, Navy, Air Force, and Marine Corps; contract surgeons

(a) Under regulations prescribed by the Secretary of the military department concerned, a commissioned officer of the Army, Navy, Air Force, or Marine Corps may transfer or assign his pay account, when due and payable.

(b) A contract surgeon, or contract dental surgeon, of the Army, Navy, or Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign his pay account, when due and payable, under the regulations prescribed under subsection (a).

(c) An enlisted member of the Army, Navy, Air Force, or Marine Corps may not assign his pay, and if he does so, the assignment is void.

(d) The Secretary of the military department concerned,1 may allow a—

(1) member of the Army, Navy, Air Force, or Marine Corps; or

(2) contract surgeon of the Army, Navy, or Air Force;

to make allotments from his pay for the support of his relatives, or for any other purpose that the Secretary concerned considers proper. If an allotment made under this subsection is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Secretary concerned, from the officer who failed to make the report.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 89–718, §67, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 99–145, title VI, §683(a)(1), (2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117.)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
701(a)	10:3689(a).	[None.]
	10:8689(a).	[None.]
701(b)	10:3689(b)	[None.]
	10:8689(b).	[None.]
701(c)	10:3689(c).	[None.]
	10:8689(c).	[None.]
701(d)	10:3689(d).	[None.]
	10:8689(d).	[None.]

Amendments

1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

1985—Pub. L. 99–145, §683(a)(2), inserted reference to Navy and Marine Corps in section catchline.

Subsec. (a). Pub. L. 99–145, §683(a)(1)(A), (C), substituted “Secretary of the military department concerned” for “Secretary of the Army or the Secretary of the Air Force, as the case may be” and “commissioned officer of the Army, Navy, Air Force, or Marine Corps” for “commissioned officer of the Army or the Air Force”.

Subsec. (b). Pub. L. 99–145, §683(a)(1)(B), inserted reference to Navy.

Subsec. (c). Pub. L. 99–145, §683(a)(1)(A), inserted reference to Navy and Marine Corps.

Subsec. (d). Pub. L. 99–145, §683(a)(1)(C), substituted “Secretary of the military department concerned” for “Secretary of the Army or the Secretary of the Air Force, as the case may be”.

Subsec. (d)(1). Pub. L. 99–145, §683(a)(1)(A), inserted reference to Navy and Marine Corps.

Subsec. (d)(2). Pub. L. 99–145, §683(a)(1)(B), inserted reference to Navy.

1966—Subsec. (d). Pub. L. 89–718 substituted “Secretary concerned” for “Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force” in provision for collection erroneously paid allotments.

1 So in original. The comma probably should not appear.