Page:United States Statutes at Large Volume 105 Part 2.djvu/442

 105 STAT. 1394 PUBLIC LAW 102-190—DEC. 5, 1991 PART F—READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY SEPARATED MEMBERS SEC. 661. SPECIAL SEPARATION BENEFITS. (a) REQUIREMENT FOR PROGRAMS. —(1) Chapter 59 of title 10, United States Code, is amended by inserting after section 1174 the following new section: "§ 1174a. Special separation beneHts programs "(a) REQUIREMENT FOR PROGRAMS.—The Secretary of each military department shall carry out a special separation benefits program under this section. An eligible member of the armed forces may request separation under the program. The request shall be subject to the approval of the Secretary. "(h) BENEFITS.— Upon the approval of the request of an eligible member, the member shall— "(1) be released from active duty or discharged, as the case may be; and "(2) be entitled to— "(A) separation pay equal to 15 percent of the product of (i) the member's years of active service, and (ii) 12 times the monthly basic pay to which the member is entitled at the time of his discharge or release from active duty; and "(B) the same benefits and services as are provided under chapter 58 of this title for members of the armed forces who are involuntarily separated within the meaning of section 1141 of this title. "(c) ELIGIBILITY.—Subject to subsections (d) and (e), a member of an armed force is eligible for voluntary separation under a program established for that armed force pursuant to this section if the member— "(1) has not been approved for payment of a voluntary separation incentive under section 1175 of this title; "(2) has served on active duty for more than 6 years before the date of the enactment of this section; "(3) has served on active duty for not more than 20 years; "(4) has served at least 5 years of continuous active duty immediately preceding the date of the member's separation from active duty; "(5) if a Reserve, is on an active duty list; and "(6) meets such other requirements as the Secretary may prescribe, which may include requirements relating to— "(A) years of service; "(B) skill or rating; "(C) grade or rank; and "(D) remaining period of obligated service. "(d) PROGRAM APPLICABILITY. — The Secretary of a military department may provide for the program under this section to apply to any of the following members: "(1) A regular officer or warrant officer of an armed force. "(2) A regular enlisted member of an armed force. "(3) A member of an armed force other than a regular member. "(e) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.— (1) Subject to paragraphs (2) and (3), the Secretary concerned may limit the applicability of a program under this section to any category of

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