Commonwealth of Puerto Rico, the United States may pay the amount of the employer's contributions to that system or plan that become due for periods beginning on or after the effective date of this Act. However, the payment by the United States, including any contribution that may be made by the United States toward the employer's tax imposed by section 3111 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 3111) may not exceed the amount which the employing agency would otherwise contribute on behalf of the person to the Civil Service Retirement and Disability Fund under section 8334(a) of title 5, United States Code. Notwithstanding section 8332(b) of title 5, United States Code, as amended by section 5 of this Act, the service under section 709 of title 32, United States Code, or prior corresponding provision of law, of a person who has made an election to remain covered by the employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall not be creditable toward eligibility for or amount of annuity under subchapter III of chapter 83 of title 5, United States Code. A person who retires pursuant to his valid election shall not be eligible for any rights, benefits, or privileges to which retired civilian employees of the United States may be entitled." COMPENSATION RATES; CONVERSION AND ADJUSTMENT OF COMPENSATION TO THE GENERAL SCHEDULE Section 8 of Pub. L. 90-486 provided that: "(a) Except as provided in section 709 (g) of title 32, United States Code [subsec. (g) of this section], the Secretary concerned shall fix the rate of basic compensation of positions existing on the date of enactment of this Act [Aug. 13, 1968] in accordance with the General Schedule set forth in section 5332, or under the appropriate prevaling rate schedule in accordance with section 5341 of title 5, United States Code, as applicable. In fixing such rate "(1) If the technician is receiving a rate of basic compensation which is less than the minimum rate of the appropriate grade of the General Schedule, or which is less than the minimum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, his basic compensation shall be increased to that minimum rate. "(2) If the technician is receiving a rate of basic compensation which is equal to a rate of the appropriate grade of the General Schedule, or which is equal to a rate of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at that rate of the General Schedule, or at that rate under the prevailing rate schedule, as applicable. "(3) If the technician is receiving a rate of basic compensation which is between two rates of the appropriate grade of the General Schedule, or which is between two rates of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at the higher of those two rates under the General Schedule or appropriate prevailing rate schedule, as applicable. "(4) If the technician is receiving a rate of basic compensation which is in excess of the maximum rate of the appropriate grade of the General Schedule, or which is in excess of the maximum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall continue to receive basic compensation without change in rate until "(A) he leaves that position, or "(B) he is entitled to receive basic compensation at a higher rate, but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation. "(b) The conversion of positions and employees to appropriate grades of the General Schedule set forth in section 5332 of title 5, United States Code, and the initial adjustment of rates of basic compensation of those positions and technicians, provided for by this Act [see Short Title note under this section], shall not be considered to be transfers or promotions within the meaning of section 5334 (b) of title 5, United States Code, and the regulations issued thereunder. "(c) Each technician on the effective date of this Act [see Effective Date note under this section], whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, who prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section, has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his rate of basic compensation is initially adjusted under that subsection. "(d) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, shall be granted credit, for purposes of his first step increase under the General Schedule or prevailing rate schedule, for all satisfactory service performed by him since his last increase in compensation prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section. "(e) An increase in rate of basic compensation by reason of the enactment of subsection (a) of this section shall not be considered to be an equivalent increase with respect to step increases for technicians whose positions are converted to the General Schedule set forth in section 5332 of title 5, United States Code, or the appropriate prevailing rate schedule under authority of this section." REGULATIONS: APPROVAL BY SECRETARY OF DEFENSE; UNIFORMITY Section 10 of Pub. L. 90-486 provided that: "Regulations prescribed by the Secretary of the Army and Secretary of the Air Force under this Act [see Short Title note under this section] shall be approved by the Secretary of Defense and shall, so far as practicable, be uniform." NUMBER OF CARETAKERS FOR AIR NATIONAL GUARD Pub. L. 90-580, title II, § 201, Oct. 17, 1968, 82 Stat. 1124, provided in part that: "The number of caretakers authorized to be employed under the provisions of law (32 U.S.C. 709) [this section] may be such as is deemed necessary by the Secretary of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard." Similar provisions were contained in the following prior acts: Pub. L. 90-96, title II, § 201, Sept. 29, 1967, 81 Stat. 236. Pub. L. 89-687, title II, § 201, Oct. 15, 1966, 80 Stat. 985. Pub. L. 89-213, title II, § 201, Sept. 29, 1965, 79 Stat. 868. Pub. L. 88-466, title II, § 201, Aug. 19, 1964, 78 Stat. 469. Oct. 17, 1963, Pub. L. 88-149, title II, § 201, 77 Stat. 259. Aug. 9, 1962, Pub. L. 87- 577, title II, § 201, 76 Stat. 323. NUMBER OF CARETAKERS FOR ARMY NATIONAL GUARD Pub. L. 90-580, title II, § 201, Oct. 17, 1968, 82 Stat. 1124, provided in part that: "The number of caretakers authorized to be employed under provisions of law (32 U.S.C. 709) [this section], and those necessary to pro vide reimbursable services for the military departments, may be such as is deemed necessary by the Secretary of the Army." Similar provisions were contained in the following prior acts: Pub. L. 90-96, title II, § 201, Sept. 29, 1967, 81 Stat. 236. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 564. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 715 of this title; title 5 sections 2105, 8332; title 10 sections 3848, 3851, 8848, 8851; title 42 section 418. § 710. Reports of survey. (a) All military property issued by the United States to the National Guard remains the property of the United States. (b) If property issued to the National Guard is lost, damaged, or destroyed, or becomes unserviceable or unsuitable, a survey of the circumstances thereof shall be made by a disinterested commissioned officer of the Regular Army or the Army National Guard detailed by the Secretary of the Army, or by a disinterested commissioned officer of the Regular Air Force or the Air National Guard detailed by the Secretary of the Air Force, as the case may be. The report of the surveying officer shall be sent to the Secretary concerned or to an officer designated by him to receive those reports. (c) The Secretary concerned or his designated representative may relieve the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, of further accountability and pecuniary liability for the property. However, if it was lost, damaged, or destroyed through negligence, the money value of the property or the damage thereto shall be charged (1) to the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, to be paid from its funds or from any non-Federal funds; or (2) to the member to whom the loss, damage, or destruction is charged from pay due him for duties performed in his status as a member of the National Guard. (d) If property surveyed under this section is found to be unserviceable or unsuitable, the Secretary concerned or his designated representative shall direct its disposition by sale or otherwise. The proceeds of the following under this subsection shall be deposited in the Treasury under section 725c (b) (22) of title 31: (1) A sale. (2) A stoppage against a member of the National Guard. (3) A collection from a person, or from a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, to reimburse the United States for the loss or destruction of, or damage to, the property. (e) If a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, neglects or refuses to pay for the loss or destruction of, or damage to, property charged against it under subsection (c), the Secretary concerned may bar it from receiving any part of appropriations for the Army National Guard or the Air National Guard, as the case may be, until the payment is made. (f) Instead of the procedure prescribed by subsections (b)-(d), property issued to the National Guard that becomes unserviceable through fair wear and tear in service may, under regulations to be prescribed by the Secretary concerned, be sold or otherwise disposed of after an inspection, and a finding of unserviceability because of that wear and tear, by a commissioned officer of the Regular Army or the Regular Air Force, as the case may be, designated by the Secretary. The State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, is relieved of accountability for that property. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 615; Sept. 2, 1958, Pub. L. 85-861, § 33 (c) (3), 72 Stat. 1567.) Revised section 710 (8) 710 (b) 710 (c). 710 (d)... 710 (e). 710 (f)..... HISTORICAL AND REVISION NOTES Source (U. S. Code) 32: 47 (1st sentence). 32: 47 (2d sentence). 32: 47 (3d sentence); 32: 154 (last proviso of 2d par.). 32: 47 (last sentence, less proviso). 32: 47 (1st proviso of last sentence). 32: 47 (last proviso of last sentence). Source (Statutes at Large) June 3, 1916, ch. 134, § 87; June 3, 1924, ch. 244, § 1; restated Feb. 28, 1925, ch. 371,4; restated Aug. 27, 1954, ch. 1014, 68 Stat. 880. June 3, 1916, ch. 134, § 110 (last proviso of 2d par.); restated Sept. 22, 1922, ch. 423, 6 (last proviso of 2d par.); restated Apr. 6, 1928, ch. 322 (last proviso), 45 Stat. 408. In subsection (a), the words "as herein provided" are omitted as surplusage. In subsections (b) and (f), the word "commissioned" is inserted, since 32: 47 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (b), the words "by use in service or from any other cause" and "surveying" are omitted as surplusage. The words "a survey of the circumstances thereof" are substituted for the word "it". In subsection (c), the first 12 words of the second sentence are substituted for 32: 47 (38th through 77th words of 2d sentence). Clause (2) is substituted for 32: 154 (last proviso of 2d par.). In subsection (d), the last sentence is substituted for 32: 47 (words between semicolon and 1st colon of last sentence). In subsection (e), the words "charged against it under subsection (c)" are substituted for the words "changed against such State, Territory, or the District of Columbia by the Secretary of the Army after survey by a disinterested officer appointed as herein before provided". The words "may bar it from receiving" are substituted for the words "is authorized to debar such State, Territory, or the District of Columbia from further participation in any and all". In subsection (f), the words "Instead of the procedure prescribed by subsections (b)—(d)" are substituted for the words "and to constitute as to such property a discretional substitute for the examination, report, and disposition provided for elsewhere in this section". The words "a finding of unserviceability because of that wear and tear" are substituted for the words "finding to that effect". AMENDMENTS 1958-Subsec. (c). Pub. L. 85-861 substituted "of further" for "or further". EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-861 effective Aug. 10, 1956, see note set out under section 101 of Title 10, Armed Forces. § 711. Disposition of obsolete or condemned property. Each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia shall, upon receiving new property issued to its National Guard to replace obsolete or condemned issues of property, return the replaced property to the Department of the Army or the Department of the Air Force, as the case may be, or otherwise dispose of it, as the Secretary concerned directs. No money credit may be allowed for property disposed of under this section. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 616.) The words "to its National Guard" are inserted for clarity. The word "it" is substituted for the words "all property so replaced or condemned". The last sentence is substituted for 32: 46 (last 8 words). § 712. Disposition of proceeds of condemned stores issued to National Guard. The following shall be covered into the Treasury: (1) The proceeds from sales of condemned stores issued to the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, and not charged against its allotment. (2) The net proceeds from collections made from any person to reimburse the United States for the loss or destruction of, or damage to, property described in clause (1). (3) Stoppage against members of the National Guard for the loss or destruction of, or damage to, property described in clause (1). (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 616.) The word "Hereafter" is omitted as executed. The words "and the Air National Guard" are omitted, since "National Guard”, as defined in section 101 (2) of this title, includes the Army National Guard and the Air National Guard. The words "Federal service" are substituted for the words "active service of the United States". The words "mailing of official matter" are substituted for the words "transmission of official mail matter". § 714. Final settlement of accounts: deceased members. (a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death: (1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member's death, at the place named in regulations to be prescribed by the Secretary concerned. (2) Surviving spouse. (3) Children and their descendants, by representation. (4) Father and mother in equal parts or, if either is dead, the survivor. (5) Legal representative. (6) Person entitled under the law of the domicile of the deceased member. (b) Designations and changes of designation of beneficiaries under subsection (a) (1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform with those prescribed for the armed forces under section 2771 (b) of Title 10. (c) Under such regulations as the Comptroller General may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be. Payment under clause (6) of subsection (a) shall be made (1) upon settlement by the General Accounting Office; or (2) as otherwise authorized by the Comptroller General. (d) A payment under this section bars recovery by any other person of the amount paid. (Added Pub. L. 85-861, § 2(12), Sept. 2, 1958, 72 Stat. 1546, and amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92.) In subsection (a), the definition of the term "Department", in 37: 361, is omitted as unnecessary, since the particular departments referred to are spelled out in the revised text. The definition of the term "uniformed services", in 37: 361, is omitted as covered by the word "member" in this revised section. Clauses (1)-(6) are substituted for the last 5 clauses of 37: 362. The words "regulations to be prescribed by the Secretary concerned" are substituted for the words "regulations of the Department concerned”, since the "Department", as such, cannot issue regulations. AMENDMENTS 1961-Subsec. (c). Pub. L. 87-46 substituted "Payment under clause (6) of subsection (a) shall be made"(1) upon settlement by the General Accounting Office; or "(2) as otherwise authorized by the Comptroller General" for "Payments under clauses (2)—(6) of subsection (a) may be paid only after settlement by the General Accounting Office." DESIGNATION OF BENEFICIARY MADE BEFORE JAN. 1, 1956 Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of this section, see note set out under section 2771 of Title 10, Armed Forces. §715. Property loss; personal injury or death: activities under certain sections of this title. (a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle, and pay in an amount not more than $15,000 a claim against the United States for (1) damage to, or loss of, real property, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or (3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections. (b) A claim may be allowed under subsection (a) only if (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated; (2) it is not covered by section 2734 of title 10 or section 2672 of title 28; (3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service; (4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; and (5) it is substantiated as prescribed in regulations of the Secretary concerned. For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico. (d) If the Secretary of the military department concerned considers that a claim in excess of $15,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $15,000 and report the excess to Congress for its consideration. (e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. (f) In any case where the amount to be paid is not more than $2,500, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733(g) of title 10, to settle similar claims, subject to appeal to the Secretary concerned, or his designee for that purpose. (g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive. (h) In this section, "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance. (Added Pub. L. 86-740, § 1(1), Sept. 13, 1960, 74 Stat. 878, and amended Pub. L. 87-649, § 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90-486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90-525, § 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91-312, § 3, July 8, 1970, 84 Stat. 412.) AMENDMENTS 1970-Subsec. (a). Pub. L. 91-312, § 3(a), substituted "$15,000" for "$5,000". Subsec. (d). Pub. L. 91-312, § 3(b), substituted "$15,000" for "$5,000". 1968-Subsec. (a). Pub. L. 90-486 struck out "caused by a person employed under section 709 of this title acting within the scope of his employment;" following "acting within the scope of his employment;". Subsec. (f). Pub. L. 90-525 increased the limitation on amount of settlement from $1,000 to $2,500 and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of the Army or the Air Force. 1962-Subsec. (a). Pub. L. 87-649 substituted "section 206 of title 37" for "section 301 of title 37" in cl. (3). EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a note under section 709 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. SAVINGS PROVISIONS FOR CLAIMS ARISING BEFORE JAN. 1, 1969 Settlement and payment of claims arising under this section before January 1, 1969, see section 3(a) of Pub. L. 90-486, set out as a note under section 709 of this title. SECTION REFERRED TO IN OTHER SECTIONS |