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10 U.S.C. § 1175a — Voluntary separation pay and benefits

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

10 U.S.C. § 1175a — Voluntary separation pay and benefits

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Source file: Laws/federal/codes/united-states-code/title-10/section-1175a-voluntary-separation-pay-and-benefits--6755e4c0a9.md
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Source location: Title 10, Chapter 59, § 1175a; chapter-059-separation.md

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**(a) In General.—** Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces. **(b) Eligible Members.—** (1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member— (A) has served on active duty for more than 6 years but not more than 20 years; (B) has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty; (C) has not been approved for payment of a voluntary separation incentive under [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim); (D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to— (i) years of service, skill, rating, military specialty, or competitive category; (ii) grade or rank; (iii) remaining period of obligated service; or (iv) any combination of these factors; and (E) requests separation from active duty. (2) The following members are not eligible for voluntary separation pay and benefits under this section: (A) Members discharged with disability severance pay under [section 1212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212&num=0&edition=prelim). (B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title. (C) Members being evaluated for disability retirement under chapter 61 of this title. (D) Members who have been previously discharged with voluntary separation pay. (E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations. (3) The Secretary concerned shall determine each year the number of members to be separated, and provided separation pay and benefits, under this section during the fiscal year beginning in such year. **(c) Separation.—** Each eligible member of the armed forces whose request for separation from active duty under subsection (b)(1)(E) is approved shall be separated from active duty. **(d) Additional Service in Ready Reserve.—** Of the number of members of the armed forces to be separated from active duty in a fiscal year, as determined under subsection (b)(3), the Secretary concerned shall determine a number of such members, in such skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation from active duty, for a period of not less than three years, as a condition of the receipt of voluntary separation pay and benefits under this section. **(e) Separation Pay and Benefits.—** (1) A member of the armed forces who is separated from active duty under subsection (c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f). (2) A member who is not entitled to retired or retainer pay upon separation shall be entitled to the benefits and services provided under— (A) chapter 58 of this title during the 180-day period beginning on the date the member is separated (notwithstanding any termination date for such benefits and services otherwise applicable under the provisions of such chapter); and (B) sections 452 and 453(c) of title 37. **(f) Computation of Voluntary Separation Pay.—** The Secretary concerned shall specify the amount of voluntary separation pay that an individual or defined group of members of the armed forces may be paid under subsection (e)(1). No member may receive as voluntary separation pay an amount greater than four times the full amount of separation pay for a member of the same pay grade and years of service who is involuntarily separated under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim). **(g) Payment of Voluntary Separation Pay.—** (1) Voluntary separation pay under this section may be paid in a single lump sum. (2) In the case of a member of the armed forces who, at the time of separation under subsection (c), has completed at least 15 years, but less than 20 years, of active service, voluntary separation pay may be paid, at the election of the Secretary concerned, in— (A) a single lump sum; (B) installments over a period not to exceed 10 years; or (C) a combination of lump sum and such installments. **(h) Coordination With Retired or Retainer Pay and Disability Compensation.—** (1) A member who is paid voluntary separation pay under this section and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such retired or retainer pay is equal to the total amount of voluntary separation pay so paid. (2) (A) Except as provided in subparagraphs (B) and (C), a member who is paid voluntary separation pay under this section shall not be deprived, by reason of the member’s receipt of such pay, of any disability compensation to which the member is entitled under the laws administered by the Secretary of Veterans Affairs, but there shall be deducted from such disability compensation an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such disability compensation is equal to the total amount of voluntary separation pay so paid, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986). (B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under section 1413, or to an eligible combat-related disabled uniformed services retiree under [section 1413a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1413a&num=0&edition=prelim), who is paid voluntary separation pay under this section. (C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay received by the member because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty. (3) The requirement under this subsection to repay voluntary separation pay following retirement from the armed forces does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and benefits under this section. (4) The Secretary concerned may waive the requirement to repay voluntary separation pay under paragraphs (1) and (2) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. **(i) Retirement Defined.—** In this section, the term “retirement” includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve. **(j) Repayment for Members Who Return to Active Duty.—** (1) Except as provided in paragraphs (2), (3), and (4), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received. (2) Members who are involuntarily recalled to active duty or full-time National Guard duty in accordance with section 12301(a), 12301(b), 12301(g), 12302, 12303, 12304, 12304a, or 12304b of this title or [section 502(f)(1)(A) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/A&num=0&edition=prelim) shall not be subject to this subsection. (3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of this title, or section 114, 115, or 502(f)(1)(B) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection. (4) This subsection shall not apply to a member who— (A) is involuntarily recalled to active duty or full-time National Guard duty; and (B) in the course of such duty, incurs a service-connected disability rated as total under [section 1155 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim). (5) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness. **(k) Termination of Authority.—** (1) The authority to separate a member of the armed forces from active duty under subsection (c) shall terminate on December 31, 2030. (2) A member who separates by the date specified in paragraph (1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire amount of pay and benefits to which the member is entitled under this section.

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

10 U.S.C. § 1413a — Combat-related special compensation

**(a) Authority.—** The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b). **(b) Amount.—** (1) **Determination of monthly amount.—** — Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability. (2) **Maximum amount.—** — The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38. (3) **Special rules for chapter 61 disability retirees.—** (A) *General rule.—* — In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title. (B) *Special rule for retirees with fewer than 20 years of service.—* — In the case of an eligible combat-related disabled unifor

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413a

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

10 U.S.C. § 1212 — Disability severance pay

**(a)** Upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying (1) the member’s years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim) (subject to the minimum and maximum years of service provided for in subsection (c)), by (2) the highest of the following amounts: (A) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when he is separated and (ii) in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated. (B) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the armed force from which he is separated. (C) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separat

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1212

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

38 U.S.C. § 1155 — Authority for schedule for rating disabilities

The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1155

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

10 U.S.C. § 1175 — Voluntary separation incentive

**(a)** (1) Consistent with this section and the availability of appropriations for this purpose, the Secretary of Defense and the Secretary of Homeland Security may provide a financial incentive to members of the armed forces described in subsection (b) for voluntary appointment, enlistment, or transfer to a reserve component, requested and approved under subsection (c). (2) (A) Except as provided in subparagraph (B), a financial incentive provided a member under this section shall be paid for the period equal to twice the number of years of service of the member, computed as provided in subsection (e)(5). (B) If, before the expiration of the period otherwise applicable under subparagraph (A) to a member receiving a financial incentive under this section, the member is separated from a reserve component or is transferred to the Retired Reserve, the period for payment of a financial incentive to the member under this section shall terminate on the date of the separation or transfer unless— (i) the separation or transfer is required by reason of the age or number of years of service of the member; (ii) the separation or transfer is required by reason of the failure of selection for promotion or the medical disqualification of the member, except in a case in which the Secretary of Defense or the Secretary of Homeland Security determines that the basis for the separation or transfer is a result of a deliberate action taken by the member with the intent to avoid retention in the Ready Reserve or Standby Reserve; or (iii) in the case of a separation, the member is separated from the reserve component for appointment or enlistment in or transfer to another reserve component of an armed force for service in the Ready Reserve or Standby Reserve of that ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1175

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

10 U.S.C. § 1174 — Separation pay upon involuntary discharge or release from active duty

**(a) Regular Officers.—** (1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1). (2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. (3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). (4) Notwithstanding paragraphs (1) and (2), an officer wh

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174

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

10 U.S.C. § 1144 — Employment assistance, job training assistance, and other transitional services: Department of Labor

**(a) In General.—** (1) The Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall establish and maintain a program to furnish counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the armed forces under the jurisdiction of the Secretary concerned who are being separated from active duty and the spouses of such members. Subject to subsection (f)(2), such services shall be provided to a member within the time periods provided under paragraph (3) of [section 1142(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1142/a&num=0&edition=prelim), except that the Secretary concerned shall not provide preseparation counseling to a member described in paragraph (4)(A) of such section. (2) The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor in establishing and maintaining the program under this section. (3) The Secretaries referred to in paragraph (1) shall enter into a detailed agreement to carry out this section. **(b) Elements of Program.—** In establishing and carrying out a program under this section, the Secretary of Labor shall do the following: (1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities (including apprenticeship programs approved under chapters 30 through 36 of title 38), (C) instruction in resumé preparation, and (D) job analysis techniques, job search techniques, and job interview te

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1144

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

10 U.S.C. § 1175a — Voluntary separation pay and benefits

Page 1246 TITLE 10—ARMED FORCES § 1175a 1993—Subsec. (d)(1). Pub. L. 103–160, § 502, struck out ‘‘before December 5, 1991’’ after ‘‘active service’’. Subsecs. (d)(3), (h)(6). Pub. L. 103–160, § 561(h)(1), sub- stituted ‘‘September 30, 1999’’ for ‘‘September 30, 1995’’ wherever appearing. Subsec. (h)(7)(A). Pub. L. 103–160, § 561(h)(2), sub- stituted ‘‘fiscal year 1999’’ for ‘‘fiscal year 1996’’. 1992—Subsec. (a). Pub. L. 102–484, § 1052(16)(A), sub- stituted ‘‘reserve component’’ for ‘‘Reserve compo- nent’’ after ‘‘transfer to a’’. Subsec. (b)(1), (2). Pub. L. 102–484, § 4422(b)(1), (2), in- serted ‘‘or full-time National Guard duty or any com- bination of active duty and full-time National Guard duty’’ after ‘‘active duty’’. Subsec. (b)(3), (4). Pub. L. 102–484, § 4424(b)(3), redesig- nated par. (4) as (3) and struck out former par. (3) which read as follows: ‘‘if a Reserve, is on the active duty list; and’’. Subsec. (d)(1). Pub. L. 102–484, § 1052(16)(B), sub- stituted ‘‘before December 5, 1991’’ for ‘‘prior to the time this provision is enacted’’. Subsec. (e)(2). Pub. L. 102–484, § 4406(a)(1), substituted ‘‘may elect to have a reduction in the voluntary sepa- ration incentive payable for the same period in an amount not to exceed the amount of the basic pay or compensation received for that period.’’ for ‘‘shall for- feit an amount of voluntary separation incentive pay- able for the same period that is equal to the total amount of basic pay, or compensation, received.’’ Subsec. (e)(3). Pub. L. 102–484, § 4406(a)(2), inserted at end ‘‘If the member elected to have a reduction in vol- untary separation incentive for any period pursuant to paragraph (2), the deduction required under the pre- ceding sentence shall be reduced accordingly.’’ Subsec. (e)

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1175a

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