10 USC § 1212 - Disability severance pay
(a)
Upon separation from his armed force under section
1203 or
1206 of this title, a member is entitled to disability severance pay computed by multiplying
(1)
the member’s years of service computed under section
1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c)), by
(A)
Twice the amount of monthly basic pay to which he would be entitled if serving
(ii)
in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated.
(B)
Twice the amount of monthly basic pay to which he would be entitled if serving
(i)
on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and
(ii)
in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the armed force from which he is separated.
(C)
Twice the amount of monthly basic pay to which he would be entitled if serving
(i)
on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and
(ii)
in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination.
(D)
Twice the amount of monthly basic pay to which he would be entitled if serving
(i)
on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and
(ii)
in the temporary grade or rank to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination, if his eligibility for promotion was required to be based on cumulative years of service or years in grade.
(b)
For the purposes of subsection (a), a part of a year of active service that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.
(c)
(1)
The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows:
(A)
Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.
(d)
(1)
The amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by the Department of Veterans Affairs.
(a)
Upon separation from his armed force under section
1203 or
1206 of this title, a member is entitled to disability severance pay computed by multiplying
(1)
the member’s years of service computed under section
1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c)), by
(A)
Twice the amount of monthly basic pay to which he would be entitled if serving
(ii)
in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated.
(B)
Twice the amount of monthly basic pay to which he would be entitled if serving
(i)
on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and
(ii)
in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the armed force from which he is separated.
(C)
Twice the amount of monthly basic pay to which he would be entitled if serving
(i)
on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and
(ii)
in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination.
(D)
Twice the amount of monthly basic pay to which he would be entitled if serving
(i)
on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and
(ii)
in the temporary grade or rank to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination, if his eligibility for promotion was required to be based on cumulative years of service or years in grade.
(b)
For the purposes of subsection (a), a part of a year of active service that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.
(c)
(1)
The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows:
(A)
Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.
(d)
(1)
The amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by the Department of Veterans Affairs.
Source
(Aug. 10, 1956, ch. 1041, 70A Stat. 98; Pub. L. 96–513, title V, § 511(43),Dec. 12, 1980, 94 Stat. 2924; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1),Nov. 29, 1989, 103 Stat. 1602; Pub. L. 107–107, div. A, title V, § 593(a),Dec. 28, 2001, 115 Stat. 1126; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314; Pub. L. 110–181, div. A, title XVI, § 1646(a), (b),Jan. 28, 2008, 122 Stat. 472.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1212(a) | 37:273 (less 1st and last provisos). | Oct. 12, 1949, ch. 681, § 403, 63 Stat. 820. |
| 1212(b) | 37:273 (1st proviso). | |
| 1212(c) | 37:273 (last proviso). |
In subsection (a), the words “Upon separation” are inserted for clarity. The words “his years of service * * * computed under section
1208 of this title” are substituted for the words “a number of years equal to the number of years of active service to which such member is entitled under the provisions of section
282 of this title”. The words “but not more than 12” are substituted for the words “but not to exceed a total of two years’ basic pay”, to simplify the necessary calculation. The substituted words produce the same result. The word “rating” is omitted as covered by the words “grade” and “rank”.
In clause (2)(A)–(D), the words “Twice the amount of monthly” are substituted for the words “An amount equal to two months’ ”. The words “if his name was not carried on that list” are substituted for the words “whichever is earlier”, since the member might be separated without ever being carried on the list. The word “rating” is omitted as surplusage.
In clause (2)(B), the words “the Secretary of the military department, or the Secretary of the Treasury, as the case may be, having jurisdiction over the armed force from which he is separated” are substituted for the words “the Secretary concerned” for clarity.
In clause (2)(C), the words “regular or reserve” are inserted, since they are the only “permanent” grades.
Clause (2)(D) is based on that part of the third proviso of 37:273 relating to promotions other than regular or reserve.
In subsection (b), the words “and a part of a year that is less than six months is disregarded” are inserted to reflect the legislative history of the rule (see Senate Hearings on H.R. 5007, 81st Cong., page 313). The words “for himself or his dependents” are omitted as surplusage.
Amendments
2008—Subsec. (a)(1). Pub. L. 110–181, § 1646(a)(1), substituted “the member’s years of service computed under section
1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c))” for “his years of service, but not more than 12, computed under section
1208 of this title”.
Subsec. (c). Pub. L. 110–181, § 1646(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–181, § 1646(b), designated existing provisions as par. (1), struck out “However, no deduction may be made from any death compensation to which his dependents become entitled after his death.” at end, and added pars. (2) and (3).
Pub. L. 110–181, § 1646(a)(2), redesignatedsubsec. (c) as (d).
2002—Subsec. (a)(2)(B). Pub. L. 107–296substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
2001—Subsec. (a)(2)(C), (D). Pub. L. 107–107struck out “for promotion” after “physical examination”.
1989—Subsec. (c). Pub. L. 101–189substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
1980—Subsec. (a). Pub. L. 96–513substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Effective Date of 2008 Amendment
Pub. L. 110–181, div. A, title XVI, § 1646(d), formerly § 1646(c),Jan. 28, 2008, 122 Stat. 472, renumbered § 1646(d) by Pub. L. 110–389, title I, § 103(a)(1),Oct. 10, 2008, 122 Stat. 4148, provided that: “The amendments made by this section [amending this section and section
1161 of Title
38, Veterans’ Benefits] shall take effect on the date of the enactment of this Act [Jan. 28, 2008], and shall apply with respect to members of the Armed Forces separated from the Armed Forces under chapter
61 of title
10, United States Code, on or after that date.”
[Amendment by Pub. L. 110–389, § 103(a)(1), redesignating section 1646(c) as 1646(d) ofPub. L. 110–181, set out above, effective Jan. 28, 2008, as if included in the Wounded Warrior Act, title XVI of Pub. L. 110–181, to which such amendment relates, see section 103(b) ofPub. L. 110–389, set out as an Effective Date of 2008 Amendment note under section
1161 of Title
38, Veterans’ Benefits.]
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 2001 Amendment
Pub. L. 107–107, div. A, title V, § 593(b),Dec. 28, 2001, 115 Stat. 1126, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to members separated under section
1203 or
1206 of title
10, United States Code, on or after date of the enactment of this Act [Dec. 28, 2001].”
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513effective Dec. 12, 1980, see section 701(b)(3) ofPub. L. 96–513, set out as a note under section
101 of this title.
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|---|
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