combat-related disability

(2) Special rule for deceased and disabled members .— (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned— (i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and (ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation 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, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, 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 90 days after the date of the death, retirement, or separation of the member, whichever applies. (E) In this paragraph, the term “combat-related disability” has the meaning given that term in section 1413a(e) of title 10 .

Source

37 USC § 373(b)(2)


Scoping language

In this paragraph
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