Page:United States Statutes at Large Volume 94 Part 1.djvu/1144

 94 STAT. 1094

Determination of amount.

Refund to U.S.

Discharge in bankruptcy. 11 USC 101.

Restriction.

PUBLIC LAW 96-342—SEPT. 8, 1980

"(3) hold and be qualified in a military specialty designated by the Secretary of Defense for the purposes of this section; "(4) have a grade for which there is a vacancy in the reserve component in which the person is to become a member; "(5) not be affiliating in a reserve component to become a Reserve, Army National Guard, or Air National Guard technician; "(6) enter into a written agreement with the Secretary concerned to serve as a member of the Selected Reserve of the Ready Reserve of an armed force for the period of obligated reserve service such person has remaining or, if such person is on active duty, will have remaining at the time of his discharge or release from active duty; and "(7) meet all the other requirements for becoming a member of the Selected Reserve of the Ready Reserve of an armed force. "(c)(1) The amount of the bonus paid to any person under this section shall be an amount determined by multiplying $25 times the number of months of reserve obligation such person has remaining or, if such person is on active duty, will have remaining at the time of his discharge or release from active duty. "(2) In the case of a person who has, or at the time of discharge or release from active duty will have, eighteen months or less reserve service obligation remaining, the Secretary concerned may pay the total amount of the bonus at the time such person signs a reserve affiliation agreement under this section. In the case of a person who has, or at the time of discharge or release from active duty will have, more than eighteen months of such service remaining, the Secretary concerned may pay one-half of the bonus at the time such person signs a reserve affiliation agreement under this section and the remaining one-half on the date of the fifth anniversary of such person's original enlistment or call to active duty. "(d)(1) A person who signs a reserve affiliation agreement under this section and who fails during the period covered by such agreement to serve satisfactorily in the Selected Reserve in which such person agrees to serve shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid to such person as the period which such person failed to satisfactorily serve bears to the total period for which the bonus was paid. "(2) An obligation to reimburse the United States imposed under paragraph (1) of this subsection is for all purposes a debt owed to the United States. "(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under paragraph (1) of this subsection. This paragraph applies to any case commenced under title 11 after September 30, 1980. "(e) No bonus may be paid under this section to any person for a reserve obligation agreement entered into after September 30, 1981.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 308c the following new items: "308d. Special pay: bonus for enlistment, reenlistment, or extension of enlistment in elements of the Ready Reserve other than the Selected Reserve. "308e. Special pay: bonus for reserve affiliation agreement.".

Effective date. 37 USC 308d note. Ante, p. 1092.

(3) Section 308d of title 37, United States Code, as added by paragraph (1), shall apply only to enlistments, reenlistments, and extensions of enlistments made after September 30, 1980. Agree-

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