Page:United States Statutes at Large Volume 123.djvu/2375

 123STA T . 23 5 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(5)byred e signat ing t h ese co nds u b p aragraph ( B )o f para - graph ( 1 ) , origina l ly added as paragraph ( 2 ) by section 2(a)( 3 ) of the H ubbard A ct( P ublic L a w 11 0– 31 7; 122 S tat . 352 6 ) and erroneously designated as subparagraph (B) by section 651(a)(3) of the D uncan Hunter N ational Defense Authori z ation Act for F iscal Y ear 200 9 (Public Law 110– 4 17; 122 Stat. 4495), as paragraph (2). (b) INCLUSIO NO F HU B B ARD AC T A ME NDMENT IN C ONSOLIDATED S P ECIAL PA Y AND BONUS AUT H ORITIES. — Section 373(b) of such title isa m ended— (1) in paragraph (2), by stri k ing the paragraph heading and inserting ‘ ‘SPECIAL RULE FOR DECEASED AND DISABLED MEM- BERS.— ’ ’; and (2) by adding at the end the following new paragraph ‘‘(3) SPECIAL RULE FOR MEMBERS W HO RECEI V E SOLE SURVIVORSHIP DISCHAR G E.—(A) If a member of the uniformed ser v ices receives a sole survivorship discharge, the Secretary concerned— ‘‘(i) shall not re q uire repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and ‘‘(ii) may grant an e x ception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management ob j ective, would be against equity and good conscience, or would be contrary to the best interests of the U nited States. ‘‘(B) In this paragraph, the term ‘sole survivorship dis- charge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Depart- ment of Defense policy permitting the early separation of a member who is the only surviving child in a family in which— ‘‘(i) the father or mother or one or more siblings— ‘‘(I) served in the Armed Forces; and ‘‘(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hos- pitalization); and ‘‘(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.’’. SEC.618 . PRO R ATI O N O F CERTAIN SPECIA L AN D INCENTI V EPA Y S TO REFLECT TI M ED U RIN GWH ICH A MEM B ER SATISFIES ELIGIBILITY RE Q UIREMENTS FOR THE SPECIAL OR INCEN - TIVE PAY. (a) SPECIAL PAY FOR DUTY SUB J ECT TO HOSTILE FIRE OR IMMINENT DANGER.—Section 310 of title 37, United States Code, is amended— (1) in subsection (a)— (A) by striking ‘‘AND SPECIAL PAY AMOUNT’’ in the subsection heading; and Defin i t i o n .