---
title: O.C.G.A. § 38-2-1058.2. Forfeiture of pay and allowances.
collection: code
id: 38-2-1058.2
cite_as: O.C.G.A. § 38-2-1058.2 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1058.2
md_url: https://georgiacommons.org/code/38-2-1058.2.md
text_url: https://georgiacommons.org/code/38-2-1058.2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=487
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / SENTENCES
---

# O.C.G.A. § 38-2-1058.2. Forfeiture of pay and allowances.

(a)(1) A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period.

(2) A sentence covered by this subsection shall be any sentence that includes:

(A) Confinement for more than six months; or

(B) Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.

(b) In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

(c) If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

## History

Code 1981, § 38-2-1058.2, enacted by Ga. L. 2015, p. 753, § 1/HB 98.