Page:United States Statutes at Large Volume 105 Part 1.djvu/111

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PUBLIC LAW 102-25—APR, 6, 1991 105 STAT. 83 gratuity payable under that section shall be $6,000 for a death resulting from any injury or illness incurred during the Persian Gulf conflict or during the 180-day period beginning at the end of the Persian Gulf conflict. SEC. 308. DEATH GRATUITY FOR PARTICIPANTS WHO DIED BEFORE THE 10 USC 1478 DATE OF ENACTMENT no*e (a) PAYMENT OF DEATH GRATUITY. —Subject to subsections 0?) and (c), the Secretary of Defense shall pay a death gratuity to each SGLI beneficiary of each deceased member of the uniformed services who died after August 1, 1990, and before the date of the enactment of this Act, and whose death was in conjunction with or in support of Operation Desert Storm, or attributable to hostile action in regions other than the Persian Gulf, as prescribed in regulations set forth by the Secretary of Defense. OJ) AMOUNT AND DISTRIBUTION OF GRATUITY.— The amount of the death gratuity payable to gin SGLI beneficiary in the case of a deceased member of the uniformed services under this section shall be equal to the Servicemen's Group Life Insurance paid or payable to such beneficiary under subchapter III of chapter 19 of title 38, United States Code, by reason of the death of such member. (c) APPLICATION FOR GRATUITY REQUIRED. — A death gratuity shall be payable to an SGLI beneficiary under this section upon receipt of a written application therefor by the Secretary of Defense within one year after the date of the enactment of this Act. (d) REGULATIONS.—The Secretary shall prescribe in regulations the form of the application for benefits under this section and any procedures and requirements that the Secretary considers necessary to carry out this section. (e) DEFINITIONS.— In this section: (1) The term "SGLI beneficiary", with respect to a deceased member of the uniformed services, means a person to whom Servicemen's Group Life Insurance is paid or payable under subchapter III of chapter 19 of title 38, United States Code, by reason of the death of such member. (2) The term "Secretary concerned" has the meaning given that term in section 101(25) of title 38, United States Code. SEC. 309. TREATMENT OF ACCRUED LEAVE OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY (a) SURVIVORS ELIGIBLE FOR PAYMENT FOR ALL ACCRUED LEAVE OF 37 USC 501 MEMBER.— In the case of a member of the uniformed services who "°^- dies as a result of an injury or illness incurred while serving on active duty during the Persian Gulf conflict, the limitation in the second sentence of subsection (b)(3) of section 501 of title 37, United States Code, and in subsection (f) of that section shall not apply with respect to a payment made pursuant to subsection (d) of that section for leave accrued during fiscal year 1990 or 1991. (b) TECHNICAL AMENDMENT. —Section 1115(a) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1636) is amended by striking out "section 501(b)(3) of title 37 USC 501 37, United States Code, does not apply" and inserting in lieu thereof "°^- "subsection (b)(3) of section 501 of title 37, United States C!ode, and in subsection (f) of that section does not apply". (c) EFFECTIVE DATE. —The amendment made by subsection (b) shall 37 USC 501 take effect as of November 5, 1990. , "°^-