12 2 STA T .35 2 7PUBLIC LA W 11 0– 317 — AU G .2 9, 200 8‘ ‘ (i)shal l notrequ ire re p a ym ent b y the member o f the unearne d portion of any bonus , in c enti v e pay, or similar benefit previously paid to the member
and ‘‘(ii) may g rant an e x ception to the requirement to termi - nate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the S ecretary concerned determines that termination of the payment of the unpaid amounts w ould be contrary to a personnel policy or management ob j ective, would be against equity and good conscience, or would be contrary to the best interests of the U nited States . ‘‘( B ) I n this paragraph, the term ‘sole survivorship discharge ’ means the separation of a member from the A rmed F orces, at the request of the member, pursuant to the D epartment of Defense policy permitting the early separation of a member who is the only surviving child in a family in which — ‘‘(i) the father or mother or one or more siblings— ‘‘(I) served in the Armed Forces; and ‘‘(II) was k illed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 10 0 percent disabled or hospitali z ed on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and ‘‘(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.’’. (b) S ENS E OFC ON GR ESS.—In light of the extraordinary discre- tion granted to the Secretary of a military department by statute and policy to continue to pay the unpaid amounts of a bonus, incentive pay, or similar benefit otherwise due to a member of the Armed Forces under the jurisdiction of the Secretary who receives a sole survivorship discharge, it is the sense of Congress that the Secretaries of the military departments should aggressively use such discretion to the benefit of members receiving a sole survivorship discharge. SEC.3 . AV A IL A B ILI TYOF SE P A R ATIO N PAY FOR M EMBERS OF T H E ARME D FORCES W ITH LESS THAN SI X YEARS OF ACTIVE SERVICE WHO RECEIVE SOLE S U RVIVORSHIP DISCHAR G E. Section 11 74 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and ( 2 ) by inserting after subsection (h) the following new sub- section
‘‘(i) S P E CIALRU LE FOR M E MB ERS RECEI V ING SOLE SURVIVORS H IP DISCHARGE.—(1) A member of the Armed Forces who receives a sole survivorship discharge shall be entitled to separation pay under this section even though the member has completed less than six years of active service immediately before that discharge. Sub- section (e) shall not apply to a member who receives a sole survivor- ship discharge. ‘‘(2) T he amount of the separation pay to be paid to a member pursuant to this subsection shall be based on the years of active service actually completed by the member before the member’s sole survivorship discharge. ‘‘( 3 ) In this subsection, the term ‘sole survivorship discharge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense
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