Sec. 504. VOLUNTARY RETIREMENT INCENTIVE MATTERS
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## SEC. 504 VOLUNTARY RETIREMENT INCENTIVE MATTERS ###
(a)Additional Voluntary Retirement Incentive Authority ####
(1)In general Chapter 36 of title 10, United States Code, is amended by inserting after section 638a the following new section: > > ## “SEC. 638b Voluntary retirement incentive > > **[**[10 U.S.C. 638b](/us/usc/t10/s638b)**]** > > > ### “(a) Incentive for Voluntary Retirement for Certain Officers > > The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection
(c)as being eligible for such a payment. > > > ### “(b) Limitations > > > ####
(1)> > Any authority provided the Secretary of a military department under this section shall expire as specified by the Secretary of Defense, but not later than December 31, 2018. > > > #### “(2) > > The total number of officers who may be provided a voluntary retirement incentive payment under this section may not exceed 675 officers. > > > ### “(c) Eligible Officers > > > ####
(1)> > Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer— > > > ##### “(A) > > has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement; > > > ##### “(B) > > meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 3911, 6323, or 8911 of this title, as applicable to that officer; > > > ##### “(C) > > on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title; > > > ##### “(D) > > on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and > > > ##### “(E) > > meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof. > > > #### “(2) > > The following officers are not eligible for a voluntary retirement incentive payment under this section: > > > ##### “(A) > > An officer being evaluated for disability under chapter 61 of this title. > > > ##### “(B) > > An officer projected to be retired under section 1201 or 1204 of this title. > > > ##### “(C) > > An officer projected to be discharged with disability severance pay under section 1212 of this title. > > > ##### “(D) > > A member transferred to the temporary disability retired list under section 1202 or 1205 of this title. > > > ##### “(E) > > An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation. > > > ### “(d) Amount of Payment > > The amount of the voluntary retirement incentive payment paid an officer under this section shall be an amount determined by the Secretary concerned, but not to exceed an amount equal to 12 times the amount of the officer’s monthly basic pay at the time of the officer’s retirement. The amount may be paid in a lump sum at the time of retirement. > > > ### “(e) Repayment for Members Who Return to Active Duty > > > ####
(1)> > Except as provided in paragraph (2), a member of the armed forces who, after having received all or part of a voluntary retirement incentive under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary retirement incentive received. > > > #### “(2) > > Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection. > > > #### “(3) > > The Secretary of Defense may waive, in whole or in part, repayment required under paragraph
(1)if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense of Personnel and Readiness.” > . ####
(2)Clerical amendment The table of sections at the beginning of subchapter IV of chapter 36 of such title is amended by inserting after the item relating to section 638a the following new item:" “638b. Voluntary retirement incentive.” ". ###
(b)Reinstatement of Certain Temporary Early Retirement Authority **[**[10 U.S.C. 1293 note](/us/usc/t10/s1293)**]** ####
(1)Reinstatement Subsection
(i)of section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 note) is amended— #####
(A)by inserting “(1)” before “the period”; and #####
(B)by inserting before the period at the end the following: “, and
(2)the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 and ending on December 31, 2018”. ####
(2)Inapplicability of certain provisions Such section is further amended by striking subsection
(c)and inserting the following new subsection (c): > > ### “(c) Inapplicability of Certain Provisions > > > #### “(1) Increased retired pay for public or community service > > The provisions of section 4464 of this Act (10 U.S.C. 1143a note) shall not apply with respect to a member or former member retired by reason of eligibility under this section during the active force drawdown period specified in subsection (i)(2). > > > #### “(2) Coast guard and noaa > > During the period specified in subsection (i)(2), this section does not apply as follows: > > > ##### “(A) > > To members of the Coast Guard, notwithstanding section 542(d) of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 1293 note). > > > ##### “(B) > > To members of the commissioned corps of the National Oceanic and Atmospheric Administration, notwithstanding section 566(c) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 104-106; 10 U.S.C. 1293 note).” > . ####
(3)Coordination with other separation provisions Such section is further amended— #####
(A)in subsection (g), by striking “, 1174a, or 1175” and inserting “or 1175a”; and #####
(B)in subsection (h)— ######
(i)in the subsection heading, by striking “SSB or VSI” and inserting “SSB, VSI, or VSP”; ######
(ii)by inserting before the period at the end of the first sentence the following: “or who before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 was separated from active duty pursuant to an agreement entered into under section 1175a of such title”; and ######
(iii)in the second sentence, by striking “under section 1174a or 1175 of title 10, United States Code”. ## Subtitle B Reserve Component Management
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- Pub. L. 104-106
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Sec. 504
VOLUNTARY RETIREMENT INCENTIVE MATTERS
Pub. L.Pub. L. 104-106
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