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Career Compensation Act of 1949 PG-2

Definitions

SEC. 102. For the purposes of this Act--

(a) The term "uniformed services", unless otherwise qualified, shall be interpreted to mean and include the Army of the United States, Navy, Air Force of the United States, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service, and all Regular and Reserve components thereof.

(b) The term "member", unless otherwise qualified, means a commissioned officer, commissioned warrant officer, warrant officer, flight officer, and enlisted person, including a retired person, of the uniformed services. As used in this subsection the words "retired person" shall include members of the Fleet Reserve and Fleet Marine Corps Reserve who are in receipt of retainer pay.

(c) The term "officer', unless otherwise qualified, means a commissioned officer, commissioned warrant officer, warrant officer, and flight officer, either permanent or temporary, of the uniformed services. As used in this subsection the word "temporary" shall include temporary officers whose permanent status is that of an enlisted person.

(d) The term "commissioned officer" means a member of the uniformed services having rank or grade of second lieutenant, ensign, or junior assistant grade, or above, either permanent or temporary, in any of the uniformed services, except that for purposes of section 203 of this Act such term shall be limited to the definition prescribed in subsection (a) of said section.

(e) The term "warrant officer" means a commissioned warrant officer, warrant officer, or flight officer, including a master, chief engineer, first mate, second mate, assistant engineer, or second assistant engineer of the Army Mine Planter Service.

(f) The term "Secretary", unless otherwise qualified, shall be construed to mean the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of the Treasury, the Secretary of Commerce, or the Federal Security Administrator, as the case may be.

(g) The term "dependent" shall include at all times and in all places the lawful wife and unmarried legitimate children, under twenty-one years of age, of any member of the uniformed services,except as hereinafter limited in this subsection. Such term shall include the father or mother of such member, provided he or she is in fact dependent of such member for over half of his or her support and actually resides in the household of said member. It shall also include unmarried legitimate children, over twenty-one years of age,of such member who are incapable of self-support because of being mentally defective or physically incapacitated, and who are in fact dependent on such member for over half of his or her support: Provided, That the term "children" shall be held to include stepchildren and adopted children when such stepchildren or adopted children arein fact dependent upon such member: Provided further, That in the case of female members of the uniformed services, the term "dependent" shall include a husband in addition to those persons otherwise defined as dependents in this subsection, but only when such husband, or children, as defined above, are in fact dependent upon said female member for over half of his or her support.

The term "father" or "mother", as used in this subsection, shall include a stepparent, or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the person concerned at any time for a continuous period of not less than five years during the minority of such member: Provided, That a stepparent--stepchild relationship shall be deemed to be terminated by the stepparent's divorce from the blood parent: Provided further, That no member claiming a dependent as defined in this subsection may be paid increased allowances on account of such dependent for any period during which such dependent is entitled to receive basic pay for the performance of duty as defined in section 201 (e) of this Act.

(h) The term "basic allowance" shall be interpreted to mean only the "basic allowance for quarters" and the "basic allowance for subsistence".

(i) The term "inactive duty training" shall be interpreted to mean any of the training, instruction, duty, appropriate duties, or equivalent training, instruction, duty, appropriate duties, or hazardous duty performed with or without compensation by members of the reserve components of the uniformed services as may be prescribed by the Secretary concerned pursuant to section 501 of this Act or any other provision of law, and in addition thereto shall include the performance of special additional duties, as may be authorized by competent authority, by such members on a volunteer basis in connection with the prescribed training or maintenance activities of the unit to which the members are assigned: Provided, That the term "inactive duty training" shall not include work or study performed by such members in connection with correspondence courses of the uniformed services: Provided further, That any inactive duty training performed by members of the National Guard of the United States or of the Air National Guard of the United States, while in their status as members of the National Guard, or the Air National Guard, of the several States, Territories, and the District of Columbia pursuant to section 92 of the National Defense Act, as amended, or pursuant to any other provision of law, shall be deemed to be inactive duty training in the service of the United States.

(j) The terms "he", "his" and "him" include the terms "she" and "her".

(k) With respect to the Army and the Air Force, the term "reserve component" or the term "reserve components", unless otherwise qualified, shall include but not be limited to those members, officers, or enlisted persons who are not appointed, enlisted or inducted in a regular or reserve component of the Army of the United States or of the Air Force of the United States but are appointed, enlisted or inducted in the Army of the United States or the Air Force of the United States without specification as to any component thereof pursuant to any provision of law.


PL 81-351 Page 1 | PL 81-351 Page 3


[1]United States Statutes at Large, Volume 63, pg. 802-841, Government Printing Office.

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