12 2 STA T .4 4 96PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8‘ ‘ (E)Inthispar a g raph , th e ter m ‘ co m b at - re l ate d disabilit y’ has the meaning gi v en that term in section 14 1 3 a(e) o f title 1 0. ’’. (c) CONF O RMI N GA M E N D MEN TSR EF L E C TING CONSOLID A TED SP E- CIAL P A Y AND B ON U S AUT H ORITIES. — (1) CONFORMING AMENDMENTS.—Section 3 7 3 of title 37, U nited States Code, as added by section 6 61 of the N ational D efense A u thori z ation Act for F iscal Y ear 2 00 8 , is amended— (A) in subsection (a)— (i) in the subsection heading, by inserting ‘‘AND T ERMINATION’’ after ‘‘REPAYMENT’’
and (ii) by inserting before the period at the end the follo w ing
‘‘, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility re q uirement’’; and (B) by stri k ing subsection (b) and inserting the fol- lowing new subsection: ‘‘(b) E X CEPTIONS.— ‘‘(1) DISCRETION TO PRO V IDE EXCEPTION TO TERMINATION AND REPAYMENT RE Q UIREMENTS.—Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an e x ception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary con- cerned determines that the imposition of the repayment and termination requirements with regard to a member of the uni- formed services would be contrary to a personnel policy or management ob j ective, would be against equity and good con- science, or would be contrary to the best interests of the United States. ‘‘(2) M ANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CER- TAIN CIRCUMSTANCES; NO REPAYMENT OF UNEARNED AMOUNTS.— (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned— ‘‘(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and ‘‘(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. ‘‘(B) Subparagraph (A) does not apply if the death or dis- ability of the member is the result the member’s misconduct. ‘‘(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation. ‘‘(D) Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump Deadlin e .R e gu la t i o n s .
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