10 USC § 1143a - Encouragement of postseparation public and community service

(a) In General.— The Secretary of Defense shall implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty.

(b) Personnel Registry.— The Secretary shall maintain a registry of members and former members of the armed forces discharged or released from active duty who request registration for assistance in pursuing public and community service job opportunities. The registry shall include information on the particular job skills, qualifications, and experience of the registered personnel.

(c) Registry of Public Service and Community Service Organizations.— The Secretary shall also maintain a registry of public service and community service organizations. The registry shall contain information regarding each organization, including its location, its size, the types of public and community service positions in the organization, points of contact, procedures for applying for such positions, and a description of each such position that is likely to be available. Any such organization may request registration under this subsection and, subject to guidelines prescribed by the Secretary, be registered.

(d) Assistance To Be Provided.—

(1) The Secretary shall actively attempt to match personnel registered under subsection (b) with public and community service job opportunities and to facilitate job-seeking contacts between such personnel and the employers offering the jobs.

(2) The Secretary shall offer personnel registered under subsection (b) counselling services regarding—

(A) public service and community service organizations; and

(B) procedures and techniques for qualifying for and applying for jobs in such organizations.

(3) The Secretary may provide personnel registered under subsection (b) with access to the interstate job bank program of the United States Employment Service if the Secretary determines that such program meets the needs of separating members of the armed forces for job placement.

(e) Consultation Requirement.— In carrying out this section, the Secretary shall consult closely with the Secretary of Labor, the Secretary of Veterans Affairs, the Secretary of Education, the Director of the Office of Personnel Management, appropriate representatives of State and local governments, and appropriate representatives of businesses and nonprofit organizations in the private sector.

(f) Delegation.— The Secretary, with the concurrence of the Secretary of Labor, may designate the Secretary of Labor as the executive agent of the Secretary of Defense for carrying out all or part of the responsibilities provided in this section. Such a designation does not relieve the Secretary of Defense from the responsibility for the implementation of the provisions of this section.

(g) Definitions.— In this section, the term “public service and community service organization” includes the following organizations:

(1) Any organization that provides the following services:

(A) Elementary, secondary, or postsecondary school teaching or administration.

(B) Support of such teaching or school administration.

(C) Law enforcement.

(D) Public health care.

(E) Social services.

(F) Any other public or community service.

(2) Any nonprofit organization that coordinates the provision of services described in paragraph (1).

(h) Coast Guard.— This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall implement the requirements of this section for the Coast Guard.

Source

(Added Pub. L. 102–484, div. D, title XLIV, § 4462(a)(1),Oct. 23, 1992, 106 Stat. 2738; amended Pub. L. 103–337, div. A, title V, § 542(a)(3),Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314.)

Amendments

2002—Subsec. (h). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.

1994—Pub. L. 103–337, § 542(a)(3)(A), struck out “: Department of Defense” after “service” in section catchline.

Subsec. (h). Pub. L. 103–337, § 542(a)(3)(B), added subsec. (h).

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) ofPub. L. 103–337, set out as a note under section 1141 of this title.

Program of Educational Leave Relating to Continuing Public and Community Service

Pub. L. 102–484, div. D, title XLIV, § 4463,Oct. 23, 1992, 106 Stat. 2740, as amended by Pub. L. 103–160, div. A, title V, § 561(o),Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105–261, div. A, title V, § 561(g),Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, § 1 [[div. A], title V, § 571(g)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Pub. L. 107–296, title XVII, § 1704(e)(3),Nov. 25, 2002, 116 Stat. 2315, provided that under regulations prescribed by the Secretary of Defense and subject to certain eligibility requirements, the Secretary concerned could grant to an eligible member of the Armed Forces a leave of absence not to exceed one year to permit the member to pursue education or training relevant to public and community service, and provided that this authority would expire on Dec. 31, 2001.

Increased Early Retirement Retired Pay for Public or Community Service

Section 4464 ofPub. L. 102–484provided that:

“(a) Recomputation of Retired Pay.—(1) If a member or former member of the Armed Forces retired under section 4403(a) [10 U.S.C. 1293 note] or any other provision of law authorizing retirement from the Armed Forces (other than for disability) before the completion of at least 20 years of active duty service (as computed under the applicable provision of law) is employed by a public service or community service organization listed on the registry maintained under section 1143a (c) of title 10, United States Code (as added by section 4462(a)), within the period of the member’s enhanced retirement qualification period, the member’s or former member’s retired or retainer pay shall be recomputed effective on the first day of the first month beginning after the date on which the member or former member attains 62 years of age.

“(2) For purposes of recomputing a member’s or former member’s retired pay—

“(A) the years of the member’s or former member’s employment by a public service or community service organization referred to in paragraph (1) during the member’s or former member’s enhanced retirement qualification period shall be treated as years of active duty service in the Armed Forces; and

“(B) in applying section 1401a of title 10, United States Code, the member’s or former member’s years of active duty service shall be deemed as of the date of retirement to have included the years of employment referred to in subparagraph (A).

“(3) Section 1405 (b) of title 10, United States Code, shall apply in determining years of service under this subsection.

“(4) In this subsection, the term ‘enhanced retirement qualification period’, with respect to a member or former member retired under a provision of law referred to in paragraph (1), means the period beginning on the date of the retirement of the member or former member and ending the number of years (including any fraction of a year) after that date which when added to the number of years (including any fraction of a year) of service credited for purposes of computing the retired pay of the member or former member upon retirement equals 20 years.

“(b) SBP Annuities.—(1) Effective on the first day of the first month after a member or former member of the Armed Forces retired under a provision of law referred to in subsection (a)(1) attains 62 years of age or, in the event of death before attaining that age, would have attained that age, the base amount applicable under section 1447 (2) [see 1447(6)] of title 10, United States Code, to any Survivor Benefit Plan annuity provided by that member or former member shall be recomputed. For the recomputation the total years (including any fraction of a year) of the member’s or former member’s active service shall be treated as having included the member’s or former member’s years (including any fraction of a year) of employment referred to in subsection (a)(1) as of the date when the member or former member became eligible for retired pay under this section.

“(2) In this subsection, the term ‘Survivor Benefit Plan’ means the plan established under subchapter II of chapter 73 of title 10, United States Code.”