us/statute/37/556/b

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us/statute/37/556/b · Axiom

When the Secretary concerned, in a case to which section 555 of this title applies, receives information that he considers establishes conclusively the death of a member of a uniformed service, he shall, notwithstanding any earlier action relating to death or other status of the member, act on it as an official report of death. After the end of the 12-month period in a missing status prescribed by section 555 of this title , the Secretary concerned, or his designee, shall, when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that a member in a missing status is dead, make a finding of death.

in view

Whole section

▸rulespec code

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statutes/37/556.yaml

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Rules

secretary_determination_conclusive

Derived

source: 37 USC 556(a)

- name: secretary_determination_conclusive
  kind: derived
  entity: Person
  dtype: Judgment
  period: Year
  source: 37 USC 556(a)
  metadata:
    proof:
      atoms:
        - path: versions[0].formula
          kind: condition
          source:
            corpus_citation_path: us/statute/37/556
            excerpt: >-
              The Secretary concerned, or his designee, may make any determination necessary to
              administer this chapter and, when so made, it is conclusive as to—
        - path: versions[0].formula
          kind: condition
          source:
            corpus_citation_path: us/statute/37/556
            excerpt: >-
              (1) death or finding of death; (2) the fact of dependency under this chapter; (3) the
              fact of dependency for the purpose of paying six months’ death gratuities authorized
              by law; (4) the fact of dependency under any other law authorizing the payment of pay,
              allowances, or other emoluments to enlisted members of the armed forces, when the
              payments are contingent on dependency; (5) any other status covered by this chapter;
              (6) an essential date, including one on which evidence or information is received by
              the Secretary concerned; and (7) whether information received concerning a member of a
              uniformed service is to be construed and acted on as an official report of death.
        - path: versions[0].formula
          kind: exception
          source:
            corpus_citation_path: us/statute/37/556
            excerpt: >-
              Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which section
              555 of this title applies.
  versions:
    - effective_from: '0001-01-01'
      formula: |-
        determination_made_by_secretary_concerned_or_designee
        and determination_necessary_to_administer_chapter
        and (
          (determination_as_to_death_or_finding_of_death and case_to_which_section_555_applies)
          or determination_as_to_fact_of_dependency_under_chapter
          or determination_as_to_fact_of_dependency_for_six_months_death_gratuities
          or determination_as_to_fact_of_dependency_under_other_dependency_contingent_enlisted_member_pay_law
          or (determination_as_to_other_status_covered_by_chapter and case_to_which_section_555_applies)
          or (determination_as_to_essential_date and case_to_which_section_555_applies)
          or (determination_whether_information_is_official_report_of_death and case_to_which_section_555_applies)
        )

▸citations (2)

References

This rule cites 2 other rules.

37 USC § 555inferredUS Federal › Statutes › Title 37 › § 555
37 USC § 555inferredUS Federal › Statutes › Title 37 › § 555