PART 111—TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENTS Authority: 10 U.S.C. 1059. Source: 84 FR 49459, Sept. 20, 2019, unless otherwise noted. § 111.1 Purpose. This part establishes policy, assigns responsibilities, and prescribes procedures for the payment of monthly Transitional Compensation (TC) to dependents of Service members separated for dependent abuse. § 111.2 Applicability. This part applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense (DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities in the DoD. § 111.3 Definitions. Unless otherwise noted, these terms and their definitions are for the purposes of this part. Dependent abuse offense. Dependent child. Exchange stores. Parent. Secretary concerned. Service member. Spouse. § 111.4 Policy. The DoD will make monthly TC payments and provide other benefits described in this part for spouses or dependents of Service members who meet the eligibility requirements of 10 U.S.C. 1059 and this part. § 111.5 Responsibilities. (a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)): (1) Establishes and prescribes procedures for the payment of TC to dependents of Service members separated for dependent abuse. (2) Oversees compliance with this part. (b) The Secretaries of the Military Departments and the Secretary of the Department of Homeland Security, when applicable: (1) Appoint representatives to coordinate requests for TC, approve requests (except exceptional eligibility requests), and forward those requests for payment in accordance with Chapter 60, Volume 7B of DoD 7000.14-R, “Department of Defense Financial Management Regulations (FMRs): Military Pay Policy—Retired Pay” (available at http://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07b.pdf (2) Review and approve or disapprove requests for TC benefits in accordance with the exceptional eligibility authority in accordance with 10 U.S.C. 1059. This responsibility may not be delegated. (3) Ensure dependents who are victims of a dependent-abuse offense are aware of their eligibility to apply for TC. (4) Establish departmental guidance to implement this part. § 111.6 Procedures. (a) Recipients of payment. (b) Payments. (2) Payments must continue for at least 12 months and no more than 36 months, as prescribed by the Secretary concerned. When the unserved portion of the Service member's obligated active duty service, as of the starting date of payment, is greater than 12 months and less than or equal to 36 months, payments continue for no less than the unserved portion. (i) For enlisted Service members, obligated active duty service is the time remaining on their terms of enlistment. (ii) For officers, obligated active duty service is indefinite unless an officer has a date of separation established. In that case, it is the time remaining until the date of separation. (3) The amount of payment will be in accordance with 10 U.S.C. 1059. Partial month entitlements are pro-rated. If a recipient dies, arrears of payments are not paid. (4) Payments will be stopped in accordance with 10 U.S.C. 1059. (i) Payments will end on the first day of the first month following the month in which the Secretary concerned notifies the recipient of such transitional compensation in writing that the payment of TC will stop. (ii) Recipients are not required to repay amounts of TC received before the effective date payment is stopped, in accordance with paragraph (b)(4)(i) of this section; however, TC may be recouped for erroneous payments or payments made based on false information provided. (c) Forfeiture provisions. (1) The former spouse receiving TC must notify the Defense Finance and Accounting Services (DFAS) within 30 days of remarriage or if the spouse or former spouse begins residing in the same household as the spouse or former spouse. (2) If a Service member's dependent child is not living in the same household as the spouse or former spouse who forfeits TC, payments are made to each dependent child or his or her court-appointed guardian. (3) In order to continue benefits, the spouse or former spouse must annually certify to DFAS that he or she is not remarried and is not cohabitating with the Service member separated for the abuse. DFAS will provide a form for recertification of benefits. (d) Coordination of benefits. (e) Source of funds. (f) Application of procedures. (1) Collects data and validates the claim using DD Form 2698 (available at http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2698.pdf (2) Approves payment and forwards the application to DFAS unless otherwise submitted by the Secretary concerned in accordance with 10 U.S.C. 1059. (g) Commissary and exchange benefits. (1) A recipient of TC is entitled to use commissary and exchange stores while receiving payments. (2) If a recipient entitled to use commissary and exchange stores is also entitled to use commissary and exchange stores under another provision of law, the entitlement is determined under the other provision of law and not paragraph (g)(1). (h) Medical benefits. (2) Dental care may be provided on a space-available basis in facilities of the Military Services. (3) Eligible dependents of a Service member who is retirement eligible, but who loses eligibility for retirement pay because of dependent-abuse misconduct, may receive medical and dental care in accordance with 10 U.S.C. 1408(h).