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14 U.S.C. § 2506 — Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2506 — Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution

Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in [section 8312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312&num=0&edition=prelim), and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence.

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Stable record: federal_law:legal_authorities:record_usc_443c624516c8cb81f2533a90
Source file: Laws/federal/codes/united-states-code/title-14/section-2506-suspension-of-payment-of-retired-pay-of-members-who-are-absent-from-the--c207f36e1a.md
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Passage SHA-256: dbff2ce5c1fda21ea9d43aefee57c26f46160ba1f1716fdcb5f3404c075c9d5a

Source location: Title 14, Chapter 25, § 2506; chapter-025-personnel-general-provisions.md

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Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in [section 8312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312&num=0&edition=prelim), and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8312 — Conviction of certain offenses

**(a)** An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or (2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection. The prohibition on payment of annuity or retired pay applies— (A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and (B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later. **(b)** The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954: (1) An offense within the purview of— (A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18; (B) chapter 105 (relating to sabotage) of title 18; (C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2506 — Suspension of payment of retired pay of

Page 165 TITLE 14—COAST GUARD § 2507 1982—Subsec. (b). Pub. L. 97–295 substituted ‘‘after September 7, 1980’’ for ‘‘on or after the date of the en- actment of the Department of Defense Authorization Act, 1981’’. 1980—Pub. L. 96–342 designated existing provisions as subsec. (a), substituted ‘‘Except as provided in sub- section (b), the’’ for ‘‘The’’, and added subsec. (b). 1972—Pub. L. 92–455 provided for computation of re- tired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement. 1963—Pub. L. 88–132 substituted ‘‘basic’’ for ‘‘active- duty’’ wherever appearing. 1958—Pub. L. 85–422 substituted ‘‘that may be credited to him under section 1405 of title 10’’ for ‘‘for which he was entitled to credit in the computation of his pay when last on active duty’’. 1950—Act Aug. 3, 1950, struck out reference to com- putation of pay of retired personnel retired by reason of physical disability. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces. Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a n

Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2506

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