Page:United States Statutes at Large Volume 105 Part 2.djvu/444

 105 STAT. 1396 PUBLIC LAW 102-190—DEC. 5, 1991 required by section 1174a of title 10, United States Code (as added by subsection (a)), not later than 60 days after the date of the enactment of this Act. SEC. 662. VOLUNTARY SEPARATION INCENTIVE. (a) PROGRAM AUTHORIZED—(1) Chapter 59 of title 10, United States Code, as amended by section 661, is further amended by adding at the end thereof the following new section: "§1175. Voluntary separation incentive "(a) Consistent with this section and the availability of appropriations for this purpose, the Secretary of Defense 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), for the period of time the member serves in a reserve component. "(b) The Secretary of Defense may provide the incentive to a member of the armed forces if the member— "(1) has served on active duty for more than 6 but less than 20 years; "(2) has served at least 5 years of continuous active duty immediately preceding the date of separation; "(3) if a Reserve, is on the active duty list; and "(4) meets such other requirements as the Secretary may prescribe from time to time, 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. "(c) A member of the armed forces offered a voluntary separation incentive under this section shall be offered the opportunity to request separation under a program established pursuant to section 1174a of this title. If the Secretary of the military department concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member. "(d)(1) A member of the armed forces described in subsection (b) may request voluntary appointment, enlistment, or transfer to a reserve component accompanied by this incentive, provided the member has completed 6 years of active service prior to the time this provision is enacted. "(2) The Secretary, in his discretion, may approve or disapprove a request according to the needs of the armed forces. "(3) After September 30, 1995, the Secretary may not approve a request. "(e)(1) The annual payment of the incentive shall equal 2.5 percent of the monthly basic pay the member receives on the date appointed, enlisted, or transferred to the reserve component, multiplied by twelve and multiplied again by the member's years of service. The annual payment will be made for a period equal to the number of years that is equal to twice the number of years of service of the member. "(2) A member entitled to voluntary separation incentive pay- ments who is also entitled to basic pay for active or reserve service, or compensation for inactive duty training, shall forfeit an amount

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