118 STAT. 1957 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED IN CONNECTION WITH DEPENDENT STUDENT TRAVEL. Section 430(b) of title 37, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new para graph (2): ‘‘(2) The allowance authorized under paragraph (1) for the travel of an eligible dependent may include reimbursement for costs incurred by or on behalf of the dependent for lodging of the dependent that is necessitated by an interruption in the travel caused by extraordinary circumstances prescribed in the regulations under subsection (a). The amount of the reimbursement shall be determined using the rate applicable to such circumstances.’’. Subtitle D—Retired Pay and Survivor Benefits SEC. 641. COMPUTATION OF HIGH 36 MONTH AVERAGE FOR RESERVE COMPONENT MEMBERS RETIRED FOR DISABILITY WHILE ON ACTIVE DUTY OR DYING WHILE ON ACTIVE DUTY. (a) COMPUTATION OF HIGH 36 MONTH AVERAGE.—Subsection (c) of section 1407 of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT MEMBERS.— In the case of a member of a reserve component who is entitled to retired pay under section 1201 or 1202 of this title, the member’s high three average (notwithstanding paragraphs (1) and (2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.’’. (b) EFFECTIVE DATE.—Paragraph (3) of section 1407(c) of title 10, United States Code, as added by subsection (a), shall take effect— (1) for purposes of determining an annuity under sub chapter II or III of chapter 73 of that title, with respect to deaths on active duty on or after September 10, 2001; and (2) for purposes of determining the amount of retired pay of a member of a reserve component entitled to retired pay under section 1201 or 1202 of such title, with respect to such entitlement that becomes effective on or after the date of the enactment of this Act. SEC. 642. REPEAL OF PHASE IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS’ DISABILITY COMPENSA TION FOR MILITARY RETIREES WITH SERVICE CON NECTED DISABILITIES RATED AS 100 PERCENT. (a) TERMINATION OF PHASE INATEND OF 2004.—Subsection (a)(1) of section 1414 of title 10, United States Code, is amended by inserting before the period at the end the following: ‘‘, except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004’’. 10 USC 1407 note.
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