Page:United States Statutes at Large Volume 112 Part 3.djvu/198

 112 STAT. 2028 PUBLIC LAW 105-261—OCT. 17, 1998 "(2) a midshipman of the United States Naval Academy; "(3) a cadet of the United States Air Force Academy; or "(4) a cadet of the United States Coast Guard Academy,". (c) SUBSECTION HEADINGS.— Such section is further amended— (1) in subsection (a), by inserting "GRADUATION LEAVE. —" after "(a)"; (2) in subsection (c) (as redesignated by subsection (a)(2)), by inserting "INAPPLICABLE LEAVE PROVISIONS. — " after "(c)"; and (3) in subsection (d) (as designated by subsection (a)(1)), by inserting "REGULATIONS.— " after "(d)". SEC. 563. CONTINUED ELIGIBILITY UNDER VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR MEMBERS WHO INVOLUNTAR- ILY LOSE MEMBERSHIP IN A RESERVE COMPONENT. (a) PERIOD OF ELIGIBILITY.—Subsection (a) of section 1175 of title 10, United States Code, is amended— (1) by inserting "(1)" after "(a)"; (2) by striking out ", for the period of time the member serves in a reserve component"; and (3) by adding at the end the following: "(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 Transportation 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 armed force.". (b) REPEAL OF SUPERSEDED PROVISION. —Subsection (e)(1) of such section is amended by striking out the second sentence. 10 USC 1175 (c) EFFECTIVE DATE. —The amendments made by this section note. apply with respect to any person provided a voluntary separation incentive under section 1175 of title 10, United States Code (whether before, on, or after the date of the enactment of this Act).

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