10 U.S. Code § 1175 - Voluntary separation incentive
Section 503(c) of the National Defense Authorization Act for Fiscal Year 1991, referred to in subsec. (j), is section 503(c) of Pub. L. 101–510, div. A, title V, Nov. 5, 1990, 104 Stat. 1558, which was formerly set out as a note under section 476 of Title 37, Pay and Allowances of the Uniformed Services, prior to being omitted from the Code as obsolete.
2022—Subsec. (j). Pub. L. 117–263 substituted “sections 452 and 453(c)” for “sections 474 and 476”.
2013—Subsec. (j). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.
2011—Subsec. (j). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404” and substituted “476” for “406” in two places.
2009—Subsec. (e)(3)(A). Pub. L. 111–32 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “A member who has received the voluntary separation incentive and who qualifies for retired or retainer pay under this title shall have deducted from each payment of such retired or retainer pay so much of such pay as is based on the service for which he received the voluntary separation incentive until the total amount deducted equals the total amount of voluntary separation incentive received. If the member elected to have a reduction in voluntary separation incentive for any period pursuant to paragraph (2), the deduction required under the preceding sentence shall be reduced accordingly.”
2008—Subsec. (h)(4). Pub. L. 110–181 struck out “Retirement” before “Board of Actuaries”.
2002—Subsecs. (a)(1), (2)(B)(ii), (b), (g), (i). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
2000—Subsec. (d)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 571(b)], substituted “December 31, 2001” for “September 30, 2001”.
Subsec. (e)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 572(a)], designated existing provisions as subpar. (A) and added subpar. (B).
1998—Subsec. (a). Pub. L. 105–261, § 563(a), designated existing provisions as par. (1), struck out “, for the period of time the member serves in a reserve component” after “under subsection (c)”, and added par. (2).
Subsec. (d)(3). Pub. L. 105–261, § 561(b), substituted “September 30, 2001” for “September 30, 1999”.
Subsec. (e)(1). Pub. L. 105–261, § 563(b), struck out at end “The annual payment will be made for a period equal to the number of years that is equal to twice the number of years of service of the member.”
1994—Subsecs. (a), (b). Pub. L. 103–337, § 542(c)(1), inserted “and the Secretary of Transportation” after “Secretary of Defense”.
Subsec. (c). Pub. L. 103–337, § 542(c)(2), struck out “of the military department” after “Secretary”.
Subsec. (g). Pub. L. 103–337, § 542(c)(3), inserted “and the Department of Transportation for the Coast Guard” before period at end.
Subsec. (h)(3). Pub. L. 103–337, § 542(c)(4), inserted “by the Secretary of Defense” after “incentive payments made” and “to the Secretary” after “shall be available”.
Subsec. (i). Pub. L. 103–337, § 542(c)(5), inserted “and the Secretary of Transportation” after “Secretary of Defense”.
1993—Subsec. (d)(1). Pub. L. 103–160, § 502, struck out “before December 5, 1991” after “active service”.
Subsecs. (d)(3), (h)(6). Pub. L. 103–160, § 561(h)(1), substituted “September 30, 1999” for “September 30, 1995” wherever appearing.
Subsec. (h)(7)(A). Pub. L. 103–160, § 561(h)(2), substituted “fiscal year 1999” for “fiscal year 1996”.
1992—Subsec. (a). Pub. L. 102–484, § 1052(16)(A), substituted “reserve component” for “Reserve component” after “transfer to a”.
Subsec. (b)(1), (2). Pub. L. 102–484, § 4422(b)(1), (2), inserted “or full-time National Guard duty or any combination of active duty and full-time National Guard duty” after “active duty”.
Subsec. (b)(3), (4). Pub. L. 102–484, § 4424(b)(3), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “if a Reserve, is on the active duty list; and”.
Subsec. (d)(1). Pub. L. 102–484, § 1052(16)(B), substituted “before December 5, 1991” for “prior to the time this provision is enacted”.
Subsec. (e)(2). Pub. L. 102–484, § 4406(a)(1), substituted “may elect to have a reduction in the voluntary separation incentive payable for the same period in an amount not to exceed the amount of the basic pay or compensation received for that period.” for “shall forfeit an amount of voluntary separation incentive payable for the same period that is equal to the total amount of basic pay, or compensation, received.”
Subsec. (e)(3). Pub. L. 102–484, § 4406(a)(2), inserted at end “If the member elected to have a reduction in voluntary separation incentive for any period pursuant to paragraph (2), the deduction required under the preceding sentence shall be reduced accordingly.”
Subsec. (e)(6). Pub. L. 102–484, § 4406(b), struck out par. (6) which read as follows: “Years of service that form the basis of the payment under paragraph (5) may not be counted in computing eligibility for, or the amount of, annuities under title 5 or any other law providing annuities to Federal civilian employees.”
Subsec. (j). Pub. L. 102–484, § 4405(b), added subsec. (j).
Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
Amendment by Pub. L. 111–32 applicable to any repayments of separation pay, severance pay, readjustment pay, special separation benefit, or voluntary separation incentive, that occur on or after June 24, 2009, including any ongoing repayment actions that were initiated prior to such amendment, see section 318(c) of Pub. L. 111–32, set out as a note under section 1174 of this title.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
Pub. L. 106–398, § 1 [[div. A], title V, § 572(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–136, provided that:
Pub. L. 105–261, div. A, title V, § 563(c), Oct. 17, 1998, 112 Stat. 2028, provided that:
Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.
Amendment by section 4405(b) of Pub. L. 102–484 applicable as if included in this section as enacted Dec. 5, 1991, with any benefits or services payable by reason of applicability of that amendment during the period beginning Dec. 5, 1991, and ending Oct. 23, 1992, to be subject to availability of appropriations, see section 4405(c) of Pub. L. 102–484, set out as a note under section 1174a of this title.
Pub. L. 102–484, div. D, title XLIV, § 4406(c), Oct. 23, 1992, 106 Stat. 2707, provided that:
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8044], Sept. 30, 1996, 110 Stat. 3009–71, 3009–98, provided that:
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 104–61, title VIII, § 8054, Dec. 1, 1995, 109 Stat. 662.
Pub. L. 103–335, title VIII, § 8062, Sept. 30, 1994, 108 Stat. 2633.
Pub. L. 103–139, title VIII, § 8073, Nov. 11, 1993, 107 Stat. 1457.
Pub. L. 102–396, title IX, § 9106, Oct. 6, 1992, 106 Stat. 1927.
For provisions reducing, with certain exceptions, amounts received under this section by amounts received as bonus payments under chapter 5 of title 37 in case of members who separate from active duty or full-time National Guard duty in a military department and prohibiting such members from receiving Voluntary Separation Incentive program payments if rehired in DOD civilian position within 180 days of separation, see note set out under section 1174a of this title.
Pub. L. 102–190, div. A, title VI, § 662(b), Dec. 5, 1991, 105 Stat. 1398, provided that: