PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3307
members of the armed forces who are voluntarily separated from active duty in the armed forces. ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member— ‘‘(A) has served on active duty for more than 6 years but not more than 20 years; ‘‘(B) has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty; ‘‘(C) has not been approved for payment of a voluntary separation incentive under section 1175 of this title; ‘‘(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to— ‘‘(i) years of service, skill, rating, military specialty, or competitive category; ‘‘(ii) grade or rank; ‘‘(iii) remaining period of obligated service; or ‘‘(iv) any combination of these factors; and ‘‘(E) requests separation from active duty. ‘‘(2) The following members are not eligible for voluntary separation pay and benefits under this section: ‘‘(A) Members discharged with disability severance pay under section 1212 of this title. ‘‘(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title. ‘‘(C) Members being evaluated for disability retirement under chapter 61 of this title. ‘‘(D) Members who have been previously discharged with voluntary separation pay. ‘‘(E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations. ‘‘(3) The Secretary concerned shall determine each year the number of members to be separated, and provided separation pay and benefits, under this section during the fiscal year beginning in such year. ‘‘(c) SEPARATION.—Each eligible member of the armed forces whose request for separation from active duty under subsection (b)(1)(E) is approved shall be separated from active duty. ‘‘(d) ADDITIONAL SERVICE IN READY RESERVE.—Of the number of members of the armed forces to be separated from active duty in a fiscal year, as determined under subsection (b)(3), the Secretary concerned shall determine a number of such members, in such skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation from active duty, for a period of not less than three years, as a condition of the receipt of voluntary separation pay and benefits under this section. ‘‘(e) SEPARATION PAY AND BENEFITS.—(1) A member of the armed forces who is separated from active duty under subsection (c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f).
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