‘‘(3) If there is no spouse or former spouse who
is (or but for subsection (g) would be) eligible under
paragraph (1), such compensation shall be paid to
the dependent children of the former member.
‘‘(4) For purposes of paragraphs (2) and (3),
an individual’s status as a ‘dependent child’ shall be
determined as of the date on which the member is
convicted of the dependent-abuse offense or, in a
case described in subsection (b)(1)(B), as of the date
on which the member is discharged.
‘‘(e) COMMENCEMENT
AND
DURATION
OF
PAY-
MENT.—(1) Payment of transitional and indemnity com-
pensation 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.
‘‘(2) Payment of such compensation shall terminate
at the end of the dependents’ transitional period. The de-
pendents’ transitional period is the period (A) beginning
on the date on which the member is convicted of the de-
pendent-abuse offense or, in a case described in subsection
(b)(1)(B), on the date on which the member is discharged,
and (B) ending at the end of the transitional period deter-
mined by the Secretary concerned. Such transitional pe-
riod may not exceed 36 months, except that if the length
of the member’s service on active duty was less than 36
months, the transitional period may not exceed the length
of such service.
‘‘(f) AMOUNT
OF PAYMENT.—(1) Payment to a
spouse or former spouse under this section for any month
shall be at the rate in effect for that month for the pay-
ment of dependency and indemnity compensation under
section 1311(a)(1) of title 38.
‘‘(2) If a spouse or former spouse to whom compensa-
tion is paid under this section has custody of a dependent
child or children of the member, the amount of such com-
pensation paid for any month shall be increased for each
such dependent child by the amount in effect for that
month under section 1311(b) of title 38.
‘‘(3) If compensation is paid under this section to a
child or children pursuant to subsection (d)(2) or (d)(3),
such compensation shall be paid in equal shares, with the
amount of such compensation for any month determined
in accordance with the rates in effect for that month under
section 1313 of title 38.
‘‘(g) FORFEITURE PROVISIONS.—(1) If a former
spouse receiving compensation under this section remar-
ries, the Secretary shall terminate payment of such com-
pensation, effective as of the date of such marriage. The
Secretary may not renew payment of compensation under
this section to such former spouse in the event of the ter-
mination of such subsequent marriage.
‘‘(2) If after the separation of the former member
as described in subsection (b) the former member resides
in the same household as the spouse or former spouse,
or dependent child, to whom compensation is otherwise
payable under this section, the Secretary shall terminate
payment of such compensation, effective as of the time the
former member begins residing in such household. Com-
pensation paid for a period after the former member’s sep-
aration, but before the former member resides in the
household, shall not be recouped. If the former member
subsequently ceases to reside in such household before the
end of the period of eligibility for such payments, the Sec-
retary may not resume such payments.
‘‘(3) In a case in which the victim of the dependent-
abuse offense resulting in the separation of the former
member was a dependent child, the Secretary concerned
may not pay compensation under this section to a spouse
or former spouse who would otherwise be eligible to receive
such compensation if the Secretary determines (under reg-
ulations prescribed under subsection (i)) that the spouse
or former spouse was an active participant in the conduct
constituting the dependent-abuse offense.
‘‘(h) COORDINATION OF BENEFITS.—The Secretary
concerned may not make payments to a spouse or former
spouse under both this section and section 1408(h)(1) of
this title. In the case of a spouse or former spouse for
whom a court order provides for payments by the Sec-
retary pursuant to section 1408(h)(1) of this title and to
whom the Secretary offers payments under this section,
the spouse or former spouse shall elect which to receive.
‘‘(i) REGULATIONS.—The Secretary of each military
department shall prescribe regulations to carry out this
section with respect to members of the armed forces under
the jurisdiction of that Secretary. Such regulations shall
be as uniform as practicable and shall be subject to the
approval of the Secretary of Defense.
‘‘(j) DEPENDENT CHILD DEFINED.—In this section,
the term ‘dependent child’, with respect to a member or
former member of the armed forces separated as described
in subsection (b), means an unmarried child, including an
adopted child or a stepchild, who was residing with the
member at the time of the dependent-abuse offense result-
ing in the separation of the former member and—
‘‘(1) who is under 18 years of age;
‘‘(2) who is 18 years of age or older and is in-
capable of self-support because of a mental or phys-
ical incapacity that existed before the age of 18 and
who is (or was at the time of the former member’s
separation) dependent on the former member for
over one-half of the child’s support; or
‘‘(3) who is 18 years of age or older but less
than 23 years of age, is enrolled in a full-time course
of study in an institution of higher learning ap-
proved by the Secretary of Defense and who is (or
was at the time of the former member’s separation)
dependent on the former member for over one-half
of the child’s support.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1056 the following new item:
‘‘1058. Abused dependents: payment of transitional and indemnity compensa-
tion.’’.
(b) EFFECTIVE DATE.—(1) Section 1058 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to former members of the Armed
Forces discharged or dismissed as described in subsection
(b) of such section after the date that is three years before
the date of the enactment of this Act.
(2) Notwithstanding paragraph (1), no payment may
be made under such section 1058 with respect to any pe-
riod before the date of the enactment of this Act.
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