Page:United States Statutes at Large Volume 106 Part 3.djvu/923

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2717 (b) CLERICAL AMENDMENT. —The table of sections at the beguining of such chapter is amended by inserting after the item relating to section 1331 the following new item: "133la. Temporary special retirement qualification authority.". SEC. 4418. SEPARATION PAY. (a) ELIGIBILITY. — Subject to section 4415, a member of the Selected Reserve who, after completing at least 6 years of service computed under section 1332 of title 10, United States Code, and before completing 15 years of service computed under that section, is involimtarily discharged from a reserve component of the Armed Forces or is involimtanly transferred from me Selected Reserve is entitled to separation pay. (b) AMOUNT OF SEPARATION PAY.— (1) The amount of separation pay which may be paid to a person under this section is 15 percent of the product of— (A) the years of service credited to that person under section 1333 of title 10, United States Code; and (B) 62 times the daily equivalent of the monthly basic pay to which the person would have been entitled had the person been serving on active duty at the time of the person's discharge or transfer. (2) In ike case of a person who receives separation pay under this section and who later receives btusic pay, compensation for inactive duty training, or retired pay under any provision of law, such basic pay, compensation, or retired pay, as the case may be, shall be reduced by 75 percent until the total amount withheld through such reduction equals the total amount of the separation pay received by that person under this section. (c) RELATIONSHIP TO OTHER SERVICE-RELATED PAY.—Subsections (g) and (h) of section 1174 of title 10, United States Code, shall apply to separation pay under this section. (d) REGULATIONS.— The Secretary of Defense shall prescribe regulations, which shall be uniform for the Army, Navy, Air Force, and Marine Corps, for the administration of this section. SEC. 4419. WAIVER OF CONTINUED SERVICE REQUIREMENT FOR CER. TAIN RESERVISTS FOR MONTGOMERY GI BILL BENEFITS. (a) CHAPTER 106.—Section 2133(b)(l) of title 10, United States Code, is amended to read as follows: "(b)(1) In the case of a person— "(A) who is separated from the Selected Reserve because of a disability which was not the result of the individual's own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter; or "(B) who, on or after the date on which such person became entitled to educationed assistance under this chapter ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on September 30, 1995, by reason of the inactivation of me person's unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 268(b) of this title, the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.".

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