(a)An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section
8311(2) and (3) of this title, if the individual—
(1)is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
(A)after July 31, 1956, for an offense named by section
8312(b) of this title; or
(B)after September 26, 1961, for an offense named by section
8312(c) of this title; and
(2)willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
(b)The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
(1)a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
(2)the individual returns and thereafter the indictment or charges is or are dismissed; or
(3)after trial by court or court-martial, the accused is found not guilty of the offense or offenses.
“(a) Development of Procedures for Suspension.—The Secretary of Defense shall develop uniform procedures under which the Secretary of a military department may suspend the payment of the retired pay of a member or former member of the Armed Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section
8312 of title
5, United States Code, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence.
“(b) Report to Congress.—The Secretary of Defense shall submit to Congress a report describing the procedures developed under subsection (a). The report shall include recommendations regarding changes to existing provisions of law (including section
8313 of title
5, United States Code) that the Secretary determines are necessary to fully implement the procedures.
“(c) Retired Pay Defined.—For purposes of this section, the term ‘retired pay’ means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service.
“(d) Effective Date.—The uniform procedures required by subsection (a) shall be developed not later than 30 days after the date of the enactment of this Act [Sept. 23, 1996].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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