Page:United States Statutes at Large Volume 94 Part 3.djvu/227

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2871

Management Act is discharged or released from active duty and who Ante, p. 2835. has completed five or more, but less than twenty, years of active service immediately before that discharge or release is entitled, unless the Secretary concerned determines that the conditions under which the member is discharged or separated do not warrant such pay, to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary concerned, if— "(1) such member's discharge or release from active duty is involuntary; or "(2) such member was not accepted for an additional tour of active duty for which he volunteered. "(d) The amount of separation pay which may be paid to a member Pay computation. under this section is— "(1) 10 percent of the product of (A) his years of active service, and (B) 12 times the monthly basic pay to which he was entitled at the time of his discharge or release from active duty or $30,000, whichever is less; or "(2) one-half of the amount computed under clause (1), but in no event more than $15,000. Ineligibility. "(e) A member who— "(1) is discharged or released from active duty at his request; "(2) is released from active duty for training; or "(3) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service; is not eligible for separation pay under this section. "(f) In determining a member's years of active service for the purpose of computing separation pay under this section, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. "(g)(1) A period for which a member has previously received separation pay under this section or severance pay or readjustment pay under any other provision of law based on service in the armed forces may not be included in determining the years of service that may be counted in computing the separation pay of the member under this section. "(2) The total amount that a member may receive in separation pay Total pay, under this section and severance pay and readjustment pay under limitation. any other provision of law based on service in the armed forces may not exceed $30,000. "(h)(1) A member who has received separation pay under this Retired or section, or severance pay or readjustment pay under any other retainer pay, provision of law, based on service in the armed forces, and who later deductions. qualifies for retired or retainer pay under this title or title 14 shall 14 USC 1. have deducted from each pa3Tiient of such retired or retainer pay so much of such pay as is based on the service for which he received separation pay under this section or severance pay or readjustment pay under any other provision of law until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay received. "(2) A member who has received separation pay under this section, Disability pay, or severance pay or readjustment pay under any other provision of deductions. law, based on service in the armed forces shall not be deprived, by reason of his receipt of such separation pay, severance pay, or readjustment pay, of any disability compensation to which he is entitled under the laws administered by the Veterans' Administration, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay, severance pay, and readjustment pay received. Notwithstanding the preceding

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