[57 STAT. pendents, has applied therefor, may, at his option, receive or continue to receive such monetary allowance or elect not to receive such monetary allowance and to have his dependents become entitled to Payment restric- receive family allowance: Provided,That payment of such monetary tion. allowance shall be made only for such periods, from the effective date of this Act, as the enlisted man has in effect an allotment of pay, in an amount not less than the amount of such monetary allowance, for the support of the dependents on whose account the allowance is Nonduplication of claimed. No dependent of any enlisted man shall be entitled to family payments. allowance for any period for which such monetary allowance is paid Time of election; to the enlisted man. An enlisted man's election to have his dependents irrevocability. receive family allowance may be made at any time and when made 56 Stat. 381. shall be irrevocable during the period of entitlement to family allow- 37 U. S. C., Supp. 1 3 i.S , .' 20 pp. ance as set out in section 101: Provided, That the Secretary of the Ante, p. 577. department concerned is authorized to make the election on behalf of Election by Secre tary of department. the enlisted man in any case in which he deems it desirable and finds it impracticable for the enlisted man to so elect, subject to termination Discontinuance of at a later date upon specific request of the enlisted man. If an payments, election is made the monetary allowance payments shall be discon- tinued at a date to be prescribed by the Secretary of the department Charge against en- concerned. The monthly pay of any enlisted man of the first, second, listed man's pay. or third grades who is provided with public quarters for his de- pendents and any of whose dependents is receiving a family allow- ance shall be reduced by, or charged with, 90 cents per day." 56 Stat. 384. SEC. 9 . That section 109 of such Act is amended by inserting after 37 U. S. C., Supp. ,,· , · n1 37 S. C. , Spp "SEC. 109" the subsection designation "(a)" and adding at the end of the section a new subsection to read as follows: Payment on death "(b) In the event of the death of a dependent, any amount of the of dependent. family allowance to which his entitlement ceases with the last day of the calendar month in which death occurs, and which is uncollected at the time of death, shall be paid to such person or persons as the Secretary of the department concerned directs." 56 Stat3.84. SEC. 10. That section 110 (a) of such Act is amended to read as 37 U. S. C ., Supp. follows 11, 5 210 (a). follows: Allowance not con- "SEC. 110. (a) Entitlement to and payment of any family allow- tingent upon accrual of pay, etc. a ll'e authorized under provisions of this title to the dependent or dependents of any enlisted nltn shall not be contingent upon pay accruing to such enlisted man or upon the monthly pay of such man being reduced by or charged with any amount." 56 Stat. 385 . SEC. 11. That section 119 of such Act is amended to read as follows: I37219 . . upp "SEC. 119. Any person who shall, directly or indirectly, solicit, Soli2iti. l ors reo,- ingfeetigpenalty.ce '- contract for, charge, or receive or shall attempt to solicit, contract for, charge, or receive any fee or compensation for assisting in any manner an enlisted man or dependent in obtaining a family allow- ance payable under this title, shall, upon conviction thereof, be guilty of a misdemeanor and for each and every offense shall be punishable by a fine of not less than $100 nor more than $1,000 or by imprison- ment at hard labor for not more than two years, or by both such fine and imprisonment." 56 Stats. 3. u SEC. 12. (a) That section 120 (c) (4) of such Act is amended by 37 U. S. C., Supp. It, § 220 (c) (4). striking out the words "under oath" in the fourth line thereof. 37 U. S.C., Supp. (b) That section 120 (d) is amended by striking out the entire subsection and inserting in lieu thereof the following: "Child.-" "(d) The term 'child also includes a person to whom the man stands in loco parentis and has so stood for not less than twelve months prior to the date of application on behalf of such child." 3 t3.S ., Spp (e) That section 120 (g) be amended by striking out the word , 220 (g). "grandchild" in the first line thereof. PUBLIC LAWS-CH. 281- -OCT. 26 , 1943 580
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