Ill STAT. 1780 PUBLIC LAW 105-85—NOV. 18, 1997 Termination date. allow the dependents of a member of the armed forces who dies on active duty and whose dependents are occupying family housing provided by the Department of Defense, or by the Department of Transportation in the case of the Coast Guard, other than on a rental basis on the date of the member's death to continue to occupy such housing without charge for a period of 180 days. "(2) The Secretary concerned may pay a basic allowance for housing (at the rate that is payable for members of the same grade and dependency status as the deceased member for the area where the dependents are residing) to the dependents of a member of the uniformed services who dies while on active duty and whose dependents— "(A) are not occupying a housing facility under the jurisdiction of a uniformed service on the date of the member's death; "(B) are occupying such housing on a rental basis on such date; or "(C) vacate such housing sooner than 180 days after the date of the member's death. "(3) The payment of the allowance under paragraph (2) shall terminate 180 days after the date of the member's death. "(m) MEMBERS PAYING CHILD SUPPORT.—(1) A member of a uniformed service with dependents may not be paid a basic allowance for housing at the with dependents rate solely by reason of the payment of child support by the member if— "(A) the member is assigned to a housing facility under the jurisdiction of a uniformed service; or "(B) the member is assigned to sea duty, and elects not to occupy assigned quarters for unaccompanied personnel, unless the member is in a pay grade above E-4. "(2) A member of a uniformed service assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service who is not otherwise authorized a basic allowance for housing and who pays child support is entitled to the basic cJlowance for housing differential, except for months for which the amount payable for the child support is less than the rate of the differential. Pajmient of a basic sQlowance for housing differential does not affect any entitlement of the member to a partial allowance for quarters under subsection (n). "(3) The basic allowance for housing differential to which a member is entitled under paragraph (2) is the amount equal to the difference between— "(A) the rate of the basic allowance for quarters (with dependents) for the member's pay grade, as such rate was in effect on December 31, 1997, under this section (as in effect on that date); and "(B) the rate of the basic allowance for quarters (without dependents) for the member's pay grade, as such rate was in effect on December 31, 1997, under this section (as in effect on that date). "(4) Whenever the rates of basic pay for members of the uniformed services are increased, the monthly amount of the basic allowance for housing differential computed under paragraph (3) shall be increased by the average percentage increase in the rates of basic pay. The effective date of the increase shall be the same date as the effective date of the increase in the rates of basic pay.
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