Contents
- (a) Regular Officers.—12 changes
- (b) Regular Enlisted Members.—1 change
- (c) Other Members.—6 changes
- (d) Amount of Separation Pay.—3 changes
- (e) Requirement for Service in Ready Reserve; Exceptions To Eligibility.—2 changes
- (f) Counting Fractional Years of Service.—2 changes
- (g) Coordination With Other Separation or Severance Pay Benefits.—2 changes
- (h) Coordination With Retired or Retainer Pay and Disability Compensation.—5 changes
- (i) Special Rule for Members Receiving Sole Survivorship Discharge.—3 changes
- (j) Regulations; Crediting of Other Commissioned Service.—1 change
(h)
(1)A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of Defense shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member’s dependents, until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay so paid.
(2)A member who has 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 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 Department of Veterans Affairs, 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, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986). Notwithstanding the preceding sentence, no deduction may be made from disability compensation for the amount of any separation pay, severance pay, or readjustment pay received because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty.
United States Government work; public domain under 17 U.S.C. § 105.