12 2 STA T .4 4 95PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8Subti t leF—O t h e rMa tter sSEC.651 .C ONTI N UA TION O F ENTIT L E M ENT TO B ONUSES AN D SIMILA R BENEFITS FOR MEMBERS OF T H E UNIFORMED SER V ICES W HO DIE , ARE SE P ARATED OR RETIRED FOR DISABILIT Y , OR MEET OTHER CRITERIA. (a)DISCRET I ON TO P RO V I D E EX CE P TION TO T ER M IN A TION AND R EPA Y MENT RE QU IREMENTS U NDER C ERTAIN CIRCUMSTANCES .—Sec-tion30 3a(e) o f tit l e3 7, Unite d State s Code, is a m ended— ( 1 )int h es ub section headin g ,b y inse r ting ‘ ‘
TERMINATION O F ENTIT L EMENT TO UNPAID A MOUNTS ’ ’ after ‘‘ M ET’’; ( 2 )in p aragraph (1)— (A) by stri k ing ‘‘A member’’ and inserting ‘‘(A) E x cept as pro v ided in paragraph (2), a member’’; and ( B ) by striking ‘‘the re q uirements, except in certain circumstances authori z ed by the Secretary concerned.’’ and inserting ‘‘the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit w ith regard to the member would 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 United States.’’; and (3) by redesignating paragraph (2) as subparagraph (B) of paragraph (1). (b) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CERTAIN CIRCUMSTANCES; N O REPAYMENT OF UNEARNED AMOUNTS.—Section 303a(e) of title 37, United States Code, is amended by inserting after paragraph (1), as amended by subsection (a), the following new paragraph (2)
‘‘(2)(A) I f a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary con- cerned— ‘‘(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus or similar benefit previously paid to the member; and ‘‘(ii) shall require the payment to the member or the mem- ber’s estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or sepa- ration 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 disability 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 or similar benefit as if the member continued to be entitled to the bonus 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 sum not later than 9 0 days after the date of the death, retirement, or separation of the member, whichever applies. Deadlin e .
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