2023—Pub. L. 118–31, § 632(3), substituted “subsection (m)” for “subsection (k)” wherever appearing.

Pub. L. 118–31, § 632(1), inserted “; lodging expenses” after “benefits” in section catchline.

Subsec. (b)(3). Pub. L. 118–31, § 631(a), added par. (3).

Subsec. (e)(1)(A). Pub. L. 118–31, § 631(b)(1)(A), inserted “or an offense described in subsection (b)(3)(B)” after “offense” in introductory provisions.

Subsec. (e)(1)(A)(ii). Pub. L. 118–31, § 631(b)(1)(B), substituted “allowances;” for “allowances; and”.

Subsec. (e)(1)(B). Pub. L. 118–31, § 631(b)(2), struck out “(if the basis for the separation includes a dependent-abuse offense)” after “with such regulations”.

Subsec. (k). Pub. L. 118–31, § 632(4), added subsec. (k). Former subsec. (k) redesignated (m).

Subsec. (l). Pub. L. 118–31, § 632(2), which directed redesignation of subsec. (m) as (l), was executed by making the redesignation and moving subsec. (l) so as to appear before subsec. (m), to reflect the probable intent of Congress. Former subsec. (l) redesignated (n).

Pub. L. 118–31, § 631(c), in introductory provisions, substituted “referred to in subsection (b) or” for “resulting in the separation of the former member or” and “and was subsequently” for “resulting in the separation of the former member and was subsequently”.

Subsec. (m). Pub. L. 118–31, § 632(2), redesignated subsec. (k) as (m). Former subsec. (m) redesignated (l).

Subsec. (m)(4). Pub. L. 118–31, § 631(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows:

“(A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.

“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”

Subsec. (n). Pub. L. 118–31, § 632(2), redesignated subsec. (l) as (n).

2021—Subsec. (m)(4). Pub. L. 117–81 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The authority of the Secretary concerned under paragraph (1) may not be delegated.”

2019—Subsec. (m). Pub. L. 116–92, § 621(1), (2), inserted “Members or” before “Former Members” in heading and “member or” before “former member” wherever appearing in pars. (1) and (2).

Subsec. (m)(3), (4). Pub. L. 116–92, § 621(3), (4), added par. (3) and redesignated former par. (3) as (4).

2017—Subsec. (e)(1)(A)(ii). Pub. L. 115–91, § 531(l)(1), substituted “the date of entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence includes” for “the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes”.

Subsec. (e)(3)(A). Pub. L. 115–91, § 531(l)(2), substituted “conviction for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article),” for “conviction by a court-martial for a dependent-abuse offense and each such conviction is disapproved by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under section 860(c) of this title, remitted, set aside, suspended, or mitigated to a lesser punishment that does not include any such punishment,”.

2014—Subsec. (d)(4). Pub. L. 113–291 substituted “as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)” for “as of the date on which the individual described in subsection (b) is separated from active duty”.

2013—Subsec. (f)(4). Pub. L. 112–239, § 564(a)(1), added par. (4).

Subsec. (l). Pub. L. 112–239, § 564(a)(2), substituted “or eligible spouse at the time of the dependent-abuse offense resulting in the separation of the former member or who was carried during pregnancy at the time of the dependent-abuse offense resulting in the separation of the former member and was subsequently born alive to the eligible spouse or former spouse” for “at the time of the dependent-abuse offense resulting in the separation of the former member” in introductory provisions.

2003—Subsec. (b)(2). Pub. L. 108–136, § 574, inserted “, voluntarily or involuntarily,” after “administratively separated”.

Subsec. (e)(1)(A). Pub. L. 108–136, § 572(a), substituted “shall commence—” and cls. (i) and (ii) for “shall commence as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and”.

Subsec. (e)(2). Pub. L. 108–136, § 572(b)(1), substituted “a period of not less than 12 months and not more than 36 months, as established in policies prescribed by the Secretary concerned” for “a period of 36 months, except that, if as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of—

“(A) the unserved portion of the member’s period of obligated active duty service; or

“(B) 12 months”.

Subsec. (e)(3)(A). Pub. L. 108–136, § 572(c), substituted “conviction is disapproved by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under section 860(c) of this title, remitted, set aside, suspended, or mitigated” for “punishment applicable to the member under the sentence is remitted, set aside, or mitigated”.

Subsec. (m). Pub. L. 108–136, § 573(a), added subsec. (m).

2002—Subsecs. (a), (k)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1998—Subsec. (d)(1). Pub. L. 105–261, § 570(a)(1), struck out “(except as otherwise provided in this subsection)” after “such compensation shall” and inserted before period at end “, including an amount (determined under subsection (f)(2)) for each, if any, dependent child of the individual described in subsection (b) who resides in the same household as that spouse or former spouse”.

Subsec. (d)(2). Pub. L. 105–261, § 570(a)(2), substituted “is or, but for subsection (g), would be eligible” for “(but for subsection (g)) would be eligible” and “compensation under this section shall” for “such compensation shall”.

Subsec. (d)(4). Pub. L. 105–261, § 570(a)(3), substituted “For purposes of this subsection” for “For purposes of paragraphs (2) and (3)”.

Subsec. (f)(2). Pub. L. 105–261, § 570(b), substituted “has custody of a dependent child of the member who resides in the same household as that spouse or former spouse” for “has custody of a dependent child or children of the member”.

1996—Subsec. (a). Pub. L. 104–106, § 636(a), inserted at end “Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program.”

Subsec. (c)(2). Pub. L. 104–106, § 1503(a)(8), substituted “subsection (k)” for “subsection (j)”.

Subsec. (d). Pub. L. 104–106, § 636(b)(1), in introductory provisions, substituted “the case of any individual described in subsection (b)” for “any case of a separation from active duty as described in subsection (b)” and “dependents of the individual” for “dependents of the former member”.

Subsec. (d)(1). Pub. L. 104–106, § 636(b)(2), substituted “If the individual” for “If the former member” and “to whom the individual” for “to whom the member”.

Subsec. (d)(2). Pub. L. 104–106, § 636(b)(3), substituted “individual described in subsection (b)” for “former member” in two places.

Subsec. (d)(3). Pub. L. 104–106, § 636(b)(4), substituted “individual described in subsection (b)” for “former member”.

Subsec. (d)(4). Pub. L. 104–106, § 636(b)(5), substituted “individual described in subsection (b)” for “member” in two places.

Subsec. (g)(3). Pub. L. 104–106, § 1503(a)(8), substituted “subsection (k))” for “subsection (j))”.

1994—Pub. L. 103–337, § 1070(a)(5)(A), renumbered section 1058 of this title as this section.

Pub. L. 103–337, § 535(c)(1), inserted “; commissary and exchange benefits” at end of section catchline.

Subsec. (e). Pub. L. 103–337, § 535(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows:

“(e) Commencement and Duration of Payment.—(1) Payment of transitional compensation under this section shall commence as of the date of the discontinuance of the member’s pay and allowances pursuant to the separation or sentencing of the member and, except as provided in paragraph (2), shall be paid for a period of 36 months.

“(2) If as of the date on which payment of transitional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transitional compensation is paid shall be equal to the greater of—

“(A) the unserved portion of the member’s period of obligated active duty service; or

“(B) 12 months.”

Subsecs. (j) to (l). Pub. L. 103–337, § 535(b), added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively.

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

Pub. L. 112–239, div. A, title V, § 564(b), Jan. 2, 2013, 126 Stat. 1749, provided that: “No benefits shall accrue by reason of the amendments made by this section [amending this section] for any month that begins before the date of the enactment of this Act [Jan. 2, 2013].”

Pub. L. 108–136, div. A, title V, § 572(d), Nov. 24, 2003, 117 Stat. 1485, provided that: “The amendments made by this section [amending this section] shall apply only with respect to cases in which a court-martial sentence is adjudged on or after the date of the enactment of this Act [Nov. 24, 2003].”

Pub. L. 108–136, div. A, title V, § 573(b), Nov. 24, 2003, 117 Stat. 1485, provided that: “The authority under subsection (m) of section 1059 of title 10, United States Code, as added by subsection (a), may be exercised with respect to eligibility for benefits under that section only for dependents and former dependents of individuals who are separated from active duty in the Armed Forces on or after the date of the enactment of this Act [Nov. 24, 2003].”

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Pub. L. 105–261, div. A, title V, § 570(c), Oct. 17, 1998, 112 Stat. 2032, provided that: “No benefits shall accrue by reason of the amendments made by this section [amending this section] for any month that begins before the date of the enactment of this Act [Oct. 17, 1998].”

Pub. L. 103–160, div. A, title V, § 554(b), Nov. 30, 1993, 107 Stat. 1666, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(5), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title VI, § 636(c), Feb. 10, 1996, 110 Stat. 367, provided that:

Pub. L. 108–136, div. A, title V, § 572(b)(2), Nov. 24, 2003, 117 Stat. 1485, provided that: “Policies under subsection (e)(2) of section 1059 of title 10, United States Code, as amended by paragraph (1), for the duration of transitional compensation payments under that section shall be prescribed under such subsection not later than six months after the date of the enactment of this Act [Nov. 24, 2003].”