A comprehensive list of military benefits that DOMA blocks From OutServe-SLDN

7/29/2019 A comprehensive list of military benefits that DOMA blocks From OutServe-SLDN

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(UPDATED FEBRUARY 11, 2013)

The following are the statutory sections that provide a benefit or support to military

spouses in the United States Code. Many are contained in Titles 10, 32, and 38, but they

also appear in Titles 5, 6, 8, 20, 24, 26, 29, 33, 36, 37 and 50. Same-sex spouses do not

have access to any of the benefits or support programs provided by these provisions

because of the Defense of Marriage Act.

Title 5 Government Organization and Employees

5 U.S.C. 8102(a) Death gratuity for injuries incurred in connection withemployees service with an Armed Force

Title 6 Domestic Security

6 U.S.C. 331 Treatment of charitable trusts for members of the Armed

Forces of the United States

Title 8 Aliens and Nationality

8 U.S.C. 1201 Armed Forces extension on visas issued to adoptive parentsserving overseas

8 U.S.C. 1354 Ability of spouses with permanent residence status to traveland live overseas with Armed Service spouse if permitted

by Armed Forces regulations8 U.S.C. 1430 Citizenship extended to surviving spouses of those killed

during a period of honorable active duty service in theArmed Forces

8 U.S.C. 1443(a) Ability of aliens serving in the Armed Forces and theirotherwise eligible spouses to be naturalized overseas

8 U.S.C. 1612 Eligibility of alien-status Armed Forces members and

alien-status spouses to for certain Federal programs8 U.S.C. 1613 Armed Forces exception of five-year limited eligibility of

qualified aliens for Federal means-tested public benefits

8 U.S.C. 1622 Armed Forces exception of a States authority to limiteligibility of unqualified aliens for State public benefits

Title 10 Armed Forces


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10 U.S.C. 188(a) Quadriennial quality of life review (review of supportservices for spouses and children)

10 U.S.C. 701(j) Entitlement and accumulation (10 day leave granted for amarried member whose wife has given birth)

10 U.S.C. 987 Terms of consumer credit extended to members and

dependents: limitations ((i)(2) spouse)10 U.S.C. 992 Consumer education: financial services (credit counselingmay be offered to spouse)

10 U.S.C. 1032 Disability and death compensation: dependents of membersheld as captives

10 U.S.C. 1040 Transportation of dependent patients10 U.S.C. 1056 Relocation assistance programs (limits employment

opportunities to spouse)10 U.S.C. 1059 Dependentsof members separated for dependentabuse:

transitional compensation; commissary and exchangebenefits 10 U.S.C. 1060(a) Special supplemental food

program10 U.S.C. 1062 Certain former spouses (commissary and exchange access)

10 U.S.C. 1071 Medical and Dental Care10 U.S.C. 1083 Contracts for medical care for spouses and children:

additional hospitalization10 U.S.C. 1108 Health care coverage through federal employees health

benefits program: demonstration project10 U.S.C. 1435 Eligible Beneficiaries (Retired Servicemembers Family

Protection Plan)10 U.S.C. 1447 Survivor Benefit Plan

10 U.S.C. 1481 Recovery, care, and disposition of remains: decedentscovered

10 U.S.C. 1482 Expenses incident to death10 U.S.C. 1489 Death gratuity: members and employees dying outside the

United States while assigned to intelligence duties10 U.S.C. 1490 Transportation of remains: certain retired members and

dependents who die in military medical facilities10 U.S.C. 1513 Missing Person (defines next of kin as spouse)

10 U.S.C. 1606 Educational assistance for members of the SelectedReserve (transfer to dependent, which is defined as

spouse or child)10 U.S.C. 1607 Educational assistance for reserve component members

supporting contingency operations and certain otheroperations (transfer to dependent, which is defined as

spouse or child)10 U.S.C. 1784 Employment opportunities for military spouses

10 U.S.C. 1784a Education and training opportunities for military spouses toexpand employment and portable career opportunities

10 U.S.C. 1787 Reporting of child abuse (by member or spouse)10 U.S.C. 1789 Chaplain-led programs: authorized support (for spouse)


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10 U.S.C. 1798 Child care services and youth program services fordependents: financial assistance providers

10 U.S.C. 2002 Dependents of members of armed forces: language training

Title 20 Education

20 U.S.C. 1015(d) In-state tuition rates for members of the Armed Forces onactive duty, spouses and dependent children

20 U.S.C. 6674 Troops-to-Teachers Program participation agreement;extension if needed to provide care to a disabled spouse

Tile 24 Hospitals and Asylums

24 U.S.C. 420 Disposition of effects of deceased persons; Armed Forces

retirement homes; intestate disposition

Title 26 Internal Revenue Code

26 U.S.C. 7508 Time for performing certain acts postponed by reason ofservice in combat zone or contingency operation

Title 29 Labor

29 U.S.C. 2612 Guaranteed leave for spouses of Armed Forces members

with impending deployment orders

Title 32 National Guard

32 U.S.C. 714 Final settlement of accounts; intestate disposition forNational Guard members

Title 36 Patriotic and National Observances, Ceremonies and Organizations

36 U.S.C. 140503 Membership in the Military Order of the Purple Heart of

the United States of America, Incorporated

Title 37 Pay and Allowances of the Uniformed Service

Ch. 7 governs Allowances for other than travel defines dependent as spouse37 U.S.C. 402 Basic allowance for subsistence

37 U.S.C. 402a Supplemental subsistence allowance for low-incomemembers with dependents

37 U.S.C. 403 Basic allowance for housing37 U.S.C. 403b Cost-of-living allowance in the continental United States

37 U.S.C. 423 Validity of allowance payments based on purportedmarriages


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37 U.S.C. 427 Family separation allowance37 U.S.C. 438 Preventive health services allowance

Ch.8 governs Travel Allowances defines dependent as spouse

37 U.S.C. 474 Travel and transportation allowances: general

37 U.S.C. 474a Travel and transportation allowances: temporary lodgingexpenses37 U.S.C. 474b Travel and transportation allowances: payment of lodging

expenses at temporary duty location during authorizedabsence of member

37 U.S.C. 475 Travel and transportation allowances: per diem while onduty outside the continental United States

37 U.S.C. 475a Travel and transportation allowances: departure allowances37 U.S.C. 476 Travel and transportation allowances: dependents; baggage

and household effects37 U.S.C. 476a Travel and transportation allowances: authorized for travel

performed under orders that are canceled, revoked, ormodified

37 U.S.C. 476b Travel and transportation allowances: members of theuniformed services attached to a ship overhauling or

inactivating37 U.S.C. 476c Travel and transportation allowances: members assigned to

a vessel under construction37 U.S.C. 477 Travel and transportation allowances: dislocation

allowance37 U.S.C. 478 Travel and transportation allowances: travel within limits

of duty station37 U.S.C. 478a Travel and transportation allowances: inactive duty training

outside of normal commuting distances37 U.S.C. 479 Travel and transportation allowances: house trailers and

mobile homes37 U.S.C. 480 Travel and transportation allowances: miscellaneous

categories37 U.S.C. 481 Travel and transportation allowances: administrative

provisions37 U.S.C. 481a Travel and transportation allowances: travel performed in

connection with convalescent leave37 U.S.C. 481b Travel and transportation allowances: travel performed in

connection with leave between consecutive overseas tours37 U.S.C. 481c Travel and transportation allowances: travel performed in

connection with rest and recuperative leave from certainstations in foreign countries

37 U.S.C. 481d Travel and transportation allowances: transportationincident to personal emergencies for certain members and

dependents


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37 U.S.C. 481e Travel and transportation allowances: transportationincident to certain emergencies for members performing

temporary duty37 U.S.C. 481f Travel and transportation allowances: transportation for

survivors of deceased member to attend the member's

burial ceremonies37 U.S.C. 481h Travel and transportation allowances: transportation ofdesignated individuals incident to hospitalization of

members for treatment of wounds, illness, or injury37 U.S.C. 481i Travel and transportation allowances: parking expenses

37 U.S.C. 481j Travel and transportation allowances: transportation offamily members incident to the repatriation of members

held captive37 U.S.C. 481k Travel and transportation allowances: non-medical

attendants for members who are determined to be veryseriously or seriously wounded, ill, or injured

37 U.S.C. 484 Travel and moving expenses of a service member inmissing status [Set to expire in 2022]

37 U.S.C. 489 Travel and transportation allowances: minor dependentschooling

37 U.S.C. 490 Travel and transportation: dependent children of membersstationed overseas

37 U.S.C. 492 Travel and transportation: members escorting certaindependents

Title 38 Veterans Benefits

38 U.S.C. 1115 Additional compensation for dependents (general)

38 U.S.C. 1121 Wartime Death Compensation - Basic entitlement38 U.S.C. 1135 Additional compensation for dependents (disability)

38 U.S.C. 1141 Peacetime Death Compensation - Basic entitlement38 U.S.C. 3319 Authority to transfer unused education benefits to family

members38 U.S.C. 3452 Defines dependent for purposes of Chs. 34 & 36 both

dealing with veterans education assistance38 U.S.C. 3501 Survivors and Dependents Educational Assistance

38 U.S.C. 4101 Job Counseling, Training, and Placement Service forVeterans

Title 50 (Appendix) War and National Defense

Title following sections are contained in the Servicemembers Civil Relief Act (SCRA).

The SCRA applies to service members and their dependents. Dependent is defined in50 U.S.C. Appendix 511 as (1) a servicemembers spouse; (2) a servicemembers child;

or (3) an individual for whom the servicemember provided more than one-half of theindividual's support for 180 days immediately preceding an application for relief under


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the SCRA. A same-sex spouse could qualify as a dependent under the third category,but would not necessarily qualify and would not be qualified because of the spousal

relationship. If the marriage was recognized, a same-sex spouse would always qualifyunder the first category.

50 U.S.C. Appendix 513 Invalidation of waivers of protection from liabilityexecuted by service member or dependents50 U.S.C. Appendix 542 Automatically extends a power of attorney granted

by the service member to a spouse if the servicemember is missing and the power of attorney

expires50 U.S.C. Appendix 515a Provides information and outreach to service

members and adult dependents aboutServicemembers Civil Relief Act

50 U.S.C. Appendix 531 Limitation on eviction for service member anddependents

50 U.S.C. Appendix 534 payment of equity to service member or dependentsin home stayed from foreclosure.

50 U.S.C. Appendix 535 Termination of residential or motor vehicle lease;limitations and protections for service member or

service member dependents50 U.S.C. Appendix 538 Extension of protections to dependents; leases,

contracts, bailments50 U.S.C. Appendix 542 Servicemembers Civil Relief Act; automatically

extends a power of attorney granted by the servicemember to a spouse if the service member is

missing and the power of attorney expires50 U.S.C. Appendix 561 Taxes on personal property, money, credits, real

property; protections for service members and onproperty jointly owned by service member with

dependents.

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