
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1059]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1059. Dependents of members separated for dependent abuse: 
        transitional compensation; commissary and exchange benefits
        
    (a) Authority To Pay Compensation.--The Secretary of Defense, with 
respect to the armed forces (other than the Coast Guard when it is not 
operating as a service in the Navy), and the Secretary of 
Transportation, with respect to the Coast Guard when it is not operating 
as a service in the Navy, may each establish a program to pay monthly 
transitional compensation in accordance with this section to dependents 
or former dependents of a member of the armed forces described in 
subsection (b). 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.
    (b) Punitive and Other Adverse Actions Covered.--This section 
applies in the case of a member of the armed forces on active duty for a 
period of more than 30 days--
        (1) who is convicted of a dependent-abuse offense (as defined in 
    subsection (c)) and whose conviction results in the member--
            (A) being separated from active duty pursuant to a sentence 
        of a court-martial; or
            (B) forfeiting all pay and allowances pursuant to a sentence 
        of a court-martial; or

        (2) who is administratively separated from active duty in 
    accordance with applicable regulations if the basis for the 
    separation includes a dependent-abuse offense.

    (c) Dependent-Abuse Offenses.--For purposes of this section, a 
dependent-abuse offense is conduct by an individual while a member of 
the armed forces on active duty for a period of more than 30 days--
        (1) that involves abuse of the spouse or a dependent child of 
    the member; and
        (2) that is a criminal offense specified in regulations 
    prescribed by the Secretary of Defense under subsection (k).

    (d) Recipients of Payments.--In the case of any individual described 
in subsection (b), the Secretary shall pay such compensation to 
dependents or former dependents of the individual as follows:
        (1) If the individual was married at the time of the commission 
    of the dependent-abuse offense resulting in the separation, such 
    compensation shall be paid to the spouse or former spouse to whom 
    the individual was married at that time, 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.
        (2) If there is a spouse or former spouse who is or, but for 
    subsection (g), would be eligible for compensation under this 
    section and if there is a dependent child of the individual 
    described in subsection (b) who does not reside in the same 
    household as that spouse or former spouse, compensation under this 
    section shall be paid to each such dependent child of the individual 
    described in subsection (b) who does not reside in that household.
        (3) If there is no spouse or former spouse who is (or but for 
    subsection (g) would be) eligible under paragraph (1), such 
    compensation shall be paid to the dependent children of the 
    individual described in subsection (b).
        (4) For purposes of this subsection, an individual's status as a 
    ``dependent child'' shall be determined as of the date on which the 
    individual described in subsection (b) is convicted of the 
    dependent-abuse offense or, in a case described in subsection 
    (b)(2), as of the date on which the individual described in 
    subsection (b) is separated from active duty.

    (e) Commencement and Duration of Payment.--(1) Payment of 
transitional compensation under this section--
        (A) in the case of a member convicted by a court-martial for a 
    dependent-abuse offense, shall commence as of the date of the 
    approval of the court-martial sentence by the person acting under 
    section 860(c) of this title (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
        (B) in the case of a member being considered under applicable 
    regulations for administrative separation from active duty in 
    accordance with such regulations (if the basis for the separation 
    includes a dependent-abuse offense), shall commence as of the date 
    on which the separation action is initiated by a commander of the 
    member pursuant to such regulations, as determined by the Secretary 
    concerned.

    (2) Transitional compensation with respect to a member shall be paid 
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.

    (3)(A) If a member is sentenced by a court-martial to receive 
punishment that includes a dismissal, dishonorable discharge, bad 
conduct discharge, or forfeiture of all pay and allowances as a result 
of a conviction by a court-martial for a dependent-abuse offense and 
each such punishment applicable to the member under the sentence is 
remitted, set aside, or mitigated to a lesser punishment that does not 
include any such punishment, any payment of transitional compensation 
that has commenced under this section on the basis of such sentence in 
that case shall cease.
    (B) If administrative separation of a member from active duty is 
proposed on a basis that includes a dependent-abuse offense and the 
proposed administrative separation is disapproved by competent authority 
under applicable regulations, payment of transitional compensation in 
such case shall cease.
    (C) Cessation of payments under subparagraph (A) or (B) shall be 
effective as of the first day of the first month following the month in 
which the Secretary concerned notifies the recipient of such 
transitional compensation in writing that payment of the transitional 
compensation will cease. The recipient may not be required to repay 
amounts of transitional compensation received before that effective date 
(except to the extent necessary to recoup any amount that was erroneous 
when paid).
    (f) Amount of Payment.--(1) Payment to a spouse or former spouse 
under this section for any month shall be at the rate in effect for that 
month for the payment of dependency and indemnity compensation under 
section 1311(a)(1) of title 38.
    (2) If a spouse or former spouse to whom compensation is paid under 
this section has custody of a dependent child of the member who resides 
in the same household as that spouse or former spouse, the amount of 
such compensation paid for any month shall be increased for each such 
dependent child by the amount in effect for that month under section 
1311(b) of title 38.
    (3) If compensation is paid under this section to a child or 
children pursuant to subsection (d)(2) or (d)(3), such compensation 
shall be paid in equal shares, with the amount of such compensation for 
any month determined in accordance with the rates in effect for that 
month under section 1313 of title 38.
    (g) Spouse and Former Spouse Forfeiture Provisions.--(1) If a former 
spouse receiving compensation under this section remarries, the 
Secretary shall terminate payment of such compensation, effective as of 
the date of such marriage. The Secretary may not renew payment of 
compensation under this section to such former spouse in the event of 
the termination of such subsequent marriage.
    (2) If after a punitive or other adverse action is executed in the 
case of a former member as described in subsection (b) the former member 
resides in the same household as the spouse or former spouse, or 
dependent child, to whom compensation is otherwise payable under this 
section, the Secretary shall terminate payment of such compensation, 
effective as of the time the former member begins residing in such 
household. Compensation paid for a period after the former member's 
separation, but before the former member resides in the household, shall 
not be recouped. If the former member subsequently ceases to reside in 
such household before the end of the period of eligibility for such 
payments, the Secretary may not resume such payments.
    (3) In a case in which the victim of the dependent-abuse offense 
resulting in a punitive or other adverse action described in subsection 
(b) was a dependent child, the Secretary concerned may not pay 
compensation under this section to a spouse or former spouse who would 
otherwise be eligible to receive such compensation if the Secretary 
determines (under regulations prescribed under subsection (k)) that the 
spouse or former spouse was an active participant in the conduct 
constituting the dependent-abuse offense.
    (h) Effect of Continuation of Military Pay.--In the case of payment 
of transitional compensation by reason of a total forfeiture of pay and 
allowances pursuant to a sentence of a court-martial, payment of 
transitional compensation shall not be made for any period for which an 
order--
        (1) suspends, in whole or in part, that part of a sentence that 
    includes forfeiture of the member's pay and allowance; or
        (2) otherwise results in continuation, in whole or in part, of 
    the member's pay and allowances.

    (i) Coordination of Benefits.--The Secretary concerned may not make 
payments to a spouse or former spouse under both this section and 
section 1408(h)(1) of this title. In the case of a spouse or former 
spouse for whom a court order provides for payments by the Secretary 
pursuant to section 1408(h)(1) of this title and to whom the Secretary 
offers payments under this section, the spouse or former spouse shall 
elect which to receive.
    (j) Commissary and Exchange Benefits.--(1) A dependent or former 
dependent entitled to payment of monthly transitional compensation under 
this section shall, while receiving payments in accordance with this 
section, be entitled to use commissary and exchange stores to the same 
extent and in the same manner as a dependent of a member of the armed 
forces on active duty for a period of more than 30 days.
    (2) If a dependent or former dependent eligible or entitled to use 
commissary and exchange stores under paragraph (1) is eligible or 
entitled to use commissary and exchange stores under another provision 
of law, the eligibility or entitlement of that dependent or former 
dependent to use commissary and exchange stores shall be determined 
under such other provision of law rather than under paragraph (1).
    (k) Regulations.--(1) The Secretary of Defense shall prescribe 
regulations to carry out this section with respect to the armed forces 
(other than the Coast Guard when it is not operating as a service in the 
Navy). The Secretary of Transportation shall prescribe regulations to 
carry out this section with respect to the Coast Guard when it is not 
operating as a service in the Navy.
    (2) Regulations prescribed under paragraph (1) shall include the 
criminal offenses, or categories of offenses, under the Uniform Code of 
Military Justice (chapter 47 of this title), Federal criminal law, the 
criminal laws of the States and other jurisdictions of the United 
States, and the laws of other nations that are to be considered to be 
dependent-abuse offenses for the purposes of this section.
    (l) Dependent Child Defined.--In this section, the term ``dependent 
child'', with respect to a member or former member of the armed forces 
referred to in subsection (b), means an unmarried child, including an 
adopted child or a stepchild, who was residing with the member at the 
time of the dependent-abuse offense resulting in the separation of the 
former member and--
        (1) who is under 18 years of age;
        (2) who is 18 years of age or older and is incapable of self-
    support because of a mental or physical incapacity that existed 
    before the age of 18 and who is (or, at the time a punitive or other 
    adverse action was executed in the case of the former member as 
    described in subsection (b), was) dependent on the former member for 
    over one-half of the child's support; or
        (3) who is 18 years of age or older but less than 23 years of 
    age, is enrolled in a full-time course of study in an institution of 
    higher learning approved by the Secretary of Defense and who is (or, 
    at the time a punitive or other adverse action was executed in the 
    case of the former member as described in subsection (b), was) 
    dependent on the former member for over one-half of the child's 
    support.

(Added Pub. L. 103-160, div. A, title V, Sec. 554(a)(1), Nov. 30, 1993, 
107 Stat. 1663, Sec. 1058; renumbered Sec. 1059 and amended Pub. L. 103-
337, div. A, title V, Sec. 535(a)-(c)(1), title X, Sec. 1070(a)(5)(A), 
Oct. 5, 1994, 108 Stat. 2762, 2763, 2855; Pub. L. 104-106, div. A, title 
VI, Sec. 636(a), (b), title XV, Sec. 1503(a)(8), Feb. 10, 1996, 110 
Stat. 367, 511; Pub. L. 105-261, div. A, title V, Sec. 570(a), (b), Oct. 
17, 1998, 112 Stat. 2032.)


                               Amendments

    1998--Subsec. (d)(1). Pub. L. 105-261, Sec. 570(a)(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''.
    Subsec. (d)(2). Pub. L. 105-261, Sec. 570(a)(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''.
    Subsec. (d)(4). Pub. L. 105-261, Sec. 570(a)(3), substituted ``For 
purposes of this subsection'' for ``For purposes of paragraphs (2) and 
(3)''.
    Subsec. (f)(2). Pub. L. 105-261, Sec. 570(b), 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''.
    1996--Subsec. (a). Pub. L. 104-106, Sec. 636(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.''
    Subsec. (c)(2). Pub. L. 104-106, Sec. 1503(a)(8), substituted 
``subsection (k)'' for ``subsection (j)''.
    Subsec. (d). Pub. L. 104-106, Sec. 636(b)(1), 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''.
    Subsec. (d)(1). Pub. L. 104-106, Sec. 636(b)(2), substituted ``If 
the individual'' for ``If the former member'' and ``to whom the 
individual'' for ``to whom the member''.
    Subsec. (d)(2). Pub. L. 104-106, Sec. 636(b)(3), substituted 
``individual described in subsection (b)'' for ``former member'' in two 
places.
    Subsec. (d)(3). Pub. L. 104-106, Sec. 636(b)(4), substituted 
``individual described in subsection (b)'' for ``former member''.
    Subsec. (d)(4). Pub. L. 104-106, Sec. 636(b)(5), substituted 
``individual described in subsection (b)'' for ``member'' in two places.
    Subsec. (g)(3). Pub. L. 104-106, Sec. 1503(a)(8), substituted 
``subsection (k))'' for ``subsection (j))''.
    1994--Pub. L. 103-337, Sec. 1070(a)(5)(A), renumbered section 1058 
of this title as this section.
    Pub. L. 103-337, Sec. 535(c)(1), inserted ``; commissary and 
exchange benefits'' at end of section catchline.
    Subsec. (e). Pub. L. 103-337, Sec. 535(a), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows:
    ``(e) Commencement and Duration of Payment.--(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.''
    Subsecs. (j) to (l). Pub. L. 103-337, Sec. 535(b), added subsec. (j) 
and redesignated former subsecs. (j) and (k) as (k) and (l), 
respectively.


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title V, Sec. 570(c), Oct. 17, 1998, 112 
Stat. 2032, provided that: ``No benefits shall accrue by reason of the 
amendments made by this section [amending this section] for any month 
that begins before the date of the enactment of this Act [Oct. 17, 
1998].''


                             Effective Date

    Section 554(b) of Pub. L. 103-160, as amended by Pub. L. 103-337, 
div. A, title X, Sec. 1070(b)(5), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 
104-106, div. A, title VI, Sec. 636(c), Feb. 10, 1996, 110 Stat. 367, 
provided that:
    ``(1) The section of title 10, United States Code, added by 
subsection (a)(1) [this section] shall apply with respect to a member of 
the Armed Forces who, after November 29, 1993--
        ``(A) is separated from active duty as described in subsection 
    (b) of such section; or
        ``(B) forfeits all pay and allowances as described in such 
    subsection.
    ``(2) Payments of transitional compensation under that section in 
the case of any person eligible to receive payments under that section 
shall be made for each month after November 1993 for which that person 
may be paid transitional compensation in accordance with that section.''

                  Section Referred to in Other Sections

    This section is referred to in section 1076 of this title.
