[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR716.1] [Page 187] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 716_DEATH GRATUITY--Table of Contents Subpart A_Provisions Applicable to the Navy and the Marine Corps Sec. 716.1 Principal rule. Subpart A_Provisions Applicable to the Navy and the Marine Corps Sec. 716.1 Principal rule. 716.2 Definitions. 716.3 Special situations. 716.4 Eligible survivors. 716.5 Delegation of authority. 716.6 Death occurring after active service. 716.7 Payment of the death gratuity. 716.8 Payments excluded. 716.9 Erroneous payment. Subpart B_Provisions Applicable to the Navy 716.10 Procedures. Subpart C_Provisions Applicable to the Marine Corps 716.11 Procedures. Authority: Sec. 301, 80 Stat. 379, 1(32)(A), 72 Stat. 1452; 5 U.S.C. 301, 10 U.S.C. 1475-1480, Pub. L. 89-554. Source: 24 FR 7523, Sept. 18, 1959, unless otherwise noted. Under title 10 U.S.C., section 1475, the Secretary of the Navy shall have a death gratuity paid immediately upon official notification of the death of a member of the naval service who dies while on active duty, active duty for training, or inactive duty training. The death gratuity shall equal six months' basic pay (plus special, incentive, and proficiency pay) at the rate to which the deceased member was entitled on the date of his death but shall not be less than $800 nor more than $3,000. A kind of special pay included is the 25% increase in pay to which a member serving on a naval vessel in foreign waters is entitled under 10 U.S.C. 5540 when retained beyond expiration of enlistment because such retention was essential to the public interest.