Page:United States Statutes at Large Volume 99 Part 1.djvu/649

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-145—NOV. 8, 1985 United States C!ode, that is entered into on or after the effective date of such regulations and shall apply with respect to each such agreement that was entered into before the effective date of such regulations by an individual who is a cadet or midshipman on such date. SEC. 513. TRANSFERS TO AND FROM TEMPORARY DISABILITY RETIRED LIST (a) IMPROVEMENTS IN ADMINISTRATION OF TEMPORARY DISABILITY RETIRED LIST.—Chapter 61 of title 10, United States Code, relating to

retirement or separation for physical disability, is amended as follows: dXA) Sections 1201(1) and 1204(1) are amended by inserting "and stable" after "permanent nature". (B) Sections 1202 and 1205 are amended by inserting "and stable" after "permanent nature" the first place it appears in each section. (2) Section 1210 is amended— (A) by inserting "and stable" in subsections (b), (c), and (d) after "permanent nature"; and (B) in subsection (f)— (i) by inserting "(1)" after "(f)"; and (ii) by striking out "and rating" and all that follows and inserting in lieu thereof "or rating, the Secretary shall— "(A) treat the member as provided in section 1211 of this title; or "(B) discharge the member, retire the member, or transfer the member to the Fleet Reserve, Fleet Marine Corps Reserve, or inactive Reserve under any other law if, under that law, the member— "(i) applies for and qualifies for that retirement or transfer; or "(ii) is required to be discharged, retired, or eliminated from an active status. "(2)(A) For the purpose of paragraph (I)(B), a member shall be considered qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve or is required to be discharged, retired, or eliminated from an active status if, were the member reappointed or reenlisted under section 1211 of this title, the member would in all other respects be qualified for or would be required to be retired, transferred to the Fleet Reserve or Fleet Marine Corps Reserve, discharged, or eliminated from an active status under any other provision of law. "(B) The grade of a member retired, transferred, discharged, or eliminated from an active status pursuant to paragraph (I)(B) shall be determined under the provisions of law under which the member is retired, transferred, discharged, or eliminated. The member's retired, retainer, severance, readjustment, or separation pay shall be computed as if the member had been reappointed or reenlisted upon removal from the temporary disability retired list and before the retirement, transfer, discharge, or elimination. Notwithstanding section 8301 of title 5, a member who is retired shall be entitled to retired pay effective on the day after the last day on which the member is entitled to disability retired pay.". (3) The second sentence of section 1211(c) is amended—

99 STAT. 627 Ante, pp. 623-625.

10 USC 1201 et ^^• 10 USC 1201, 1204. lo USC 1202, 1205. 10 USC 1210.

10 USC 1211.

,_, j.,

5 USC 8301. 10 USC 1211.