Navy separation pay

Navy separation pay DEFAULT

10 U.S. Code § a - Voluntary separation pay and benefits

(a) In General.—

Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces.

(b) Eligible Members.—
(1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member—
(A)

has served on active duty for more than 6 years but not more than 20 years;

(B)

has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty;

(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to—
(i)

years of service, skill, rating, military specialty, or competitive category;

(iii)

remaining period of obligated service; or

(iv)

any combination of these factors; and

(E)

requests separation from active duty.

(2) The following members are not eligible for voluntary separation pay and benefits under this section:
(B)

Members transferred to the temporary disability retired list under section or of this title.

(D)

Members who have been previously discharged with voluntary separation pay.

(E)

Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations.

(3)

The Secretary concerned shall determine each year the number of members to be separated, and provided separation pay and benefits, under this section during the fiscal year beginning in such year.

(c) Separation.—

Each eligible member of the armed forces whose request for separation from active duty under subsection (b)(1)(E) is approved shall be separated from active duty.

(d) Additional Service in Ready Reserve.—

Of the number of members of the armed forces to be separated from active duty in a fiscal year, as determined under subsection (b)(3), the Secretary concerned shall determine a number of such members, in such skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation from active duty, for a period of not less than three years, as a condition of the receipt of voluntary separation pay and benefits under this section.

(e) Separation Pay and Benefits.—
(1)

A member of the armed forces who is separated from active duty under subsection (c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f).

(2) A member who is not entitled to retired or retainer pay upon separation shall be entitled to the benefits and services provided under—
(A)

chapter 58 of this title during the day period beginning on the date the member is separated (notwithstanding any termination date for such benefits and services otherwise applicable under the provisions of such chapter); and

(B)

sections and of title

(f) Computation of Voluntary Separation Pay.—

The Secretary concerned shall specify the amount of voluntary separation pay that an individual or defined group of members of the armed forces may be paid under subsection (e)(1). No member may receive as voluntary separation pay an amount greater than four times the full amount of separation pay for a member of the same pay grade and years of service who is involuntarily separated under section of this title.

(g) Payment of Voluntary Separation Pay.—
(1)

Voluntary separation pay under this section may be paid in a single lump sum.

(2) In the case of a member of the armed forces who, at the time of separation under subsection (c), has completed at least 15 years, but less than 20 years, of active service, voluntary separation pay may be paid, at the election of the Secretary concerned, in—
(B)

installments over a period not to exceed 10 years; or

(C)

a combination of lump sum and such installments.

(h) Coordination With Retired or Retainer Pay and Disability Compensation.—
(1)

A member who is paid voluntary separation pay under this section and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such retired or retainer pay is equal to the total amount of voluntary separation pay so paid.

(2)
(A)

Except as provided in subparagraphs (B) and (C), a member who is paid voluntary separation pay under this section shall not be deprived, by reason of the member’s receipt of such pay, of any disability compensation to which the member is entitled under the laws administered by the Secretary of Veterans Affairs, but there shall be deducted from such disability compensation an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such disability compensation is equal to the total amount of voluntary separation pay so paid, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of ).

(B)

No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under section , or to an eligible combat-related disabled uniformed services retiree under section a of this title, who is paid voluntary separation pay under this section.

(C)

No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay received by the member because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty.

(3)

The requirement under this subsection to repay voluntary separation pay following retirement from the armed forces does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and benefits under this section.

(4)

The Secretary concerned may waive the requirement to repay voluntary separation pay under paragraphs (1) and (2) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.

(i) Retirement Defined.—

In this section, the term “retirement” includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve.

(j) Repayment for Members Who Return to Active Duty.—
(1)

Except as provided in paragraphs (2), (3), and (4), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received.

(3)

Members who are recalled or perform active duty or full-time National Guard duty in accordance with section (d)(1), (d)(2), (d)(5), (d) (insofar as the period served is less than consecutive days with the consent of the member), , or of this title, or section , , or (f)(1)(B) of title 32 (insofar as the period served is less than consecutive days with consent of the member), shall not be subject to this subsection.

(4) This subsection shall not apply to a member who—
(A)

is involuntarily recalled to active duty or full-time National Guard duty; and

(5)

The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness.

(k) Termination of Authority.—
(1)

The authority to separate a member of the armed forces from active duty under subsection (c) shall terminate on December 31,

(2)

A member who separates by the date specified in paragraph (1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire amount of pay and benefits to which the member is entitled under this section.

(Added Pub. L. –, div. A, title VI, § (a)(1), Jan. 6, , Stat. ; amended Pub. L. –, div. A, title VI, § (a)(1), (2), Oct. 17, , Stat. ; Pub. L. –84, div. A, title X, § (a)(14), Oct. 28, , Stat. ; Pub. L. –, div. A, title X, § (b)(18), Jan. 7, , Stat. ; Pub. L. –81, div. A, title V, § , title VI, § (f)(4)(A), Dec. 31, , Stat. , ; Pub. L. –, div. A, title X, § (a)(9), Jan. 2, , Stat. ; Pub. L. –, div. A, title V, §§ (c), , Dec. 23, , Stat. , ; Pub. L. –92, div. A, title VI, § , Dec. 20, , Stat. )

Sours: https://www.law.cornell.edu/uscode/text/10/a

With the current military drawdown, involuntary separations will be a way of life for military members for the foreseeable future. Unfortunately, being informed you will be involuntarily separated from the military usually comes with little notice. You will likely go through a range of emotions as you come to terms with the fact that your military career is ending, whether you want it to or not. We covered this topic recently in a podcast about Force Shaping and involuntary separations. The podcast covers some of your options, including the benefits that will be made available to you, the option of joining the Guard or Reserves, early retirement, or in some situations, being eligible to receive separation pay.

This article covers separation pay in more detail, including an overview of the eligibility requirements, types of separation pay, how to calculate involuntary separation pay, and more.

Involuntary Separation Pay Rules & Eligibility

Military Separation Pay Eligibility (Non-Disability)

Military separation pay is comparable to the severance pay you might find in the civilian world. However, not all servicemembers who are involuntarily separated from the military are eligible to receive separation pay benefits. There is also two types of pay, (1) Full Separation Pay, and (2) Half Separation Pay. (for the purpose of this article, we are not considering separation pay for a disability).

Full Pay Eligibility: You must have served at least 6 years on active duty, but less than 20 years* to be eligible to receive involuntary separation pay. In addition to the service time requirements, you need to be fully qualified for retention at the time you are let go, and your service must be characterized as “Honorable.”

Common reasons for being eligible to receive involuntary separation pay include separated under Force Shaping, or Reduction in Force measures, or exceeding high-year tenure for your rank.

To qualify for Full Separation Pay, the service member must agree to serve in the Ready Reserve or similar Reserve Component for a minimum of 3 years following release from active duty service.

Half Pay Eligibility: Half Pay also requires a minimum of 6 years of active service, and less than However, servicemembers can get by with an &#;Honorable,&#; or &#;General&#; discharge. Some common examples include involuntary separation due to failure to meet fitness/weight standards, loss of security clearance, involuntary discharge due to parenthood, etc. Be sure to check with your personnel department to verify you will be eligible for separation pay.

*Service of more than 15 years, but less than In some cases, those who have served at least 15 years on active duty may be eligible to retire under TERA rules. However, TERA is only offered on a case by case basis, and is not guaranteed to everyone with 15 years of service. You need to apply for TERA and it needs to be approved by your branch of service. Hopefully those who have served at least 15 years will be eligible to retire under TERA, as the retirement benefit is substantially more valuable than the one time, lump-sum payment that comes from involuntary separation pay.

How to Calculate Involuntary Separation Pay

Here is how to calculate full military separation pay:

  • 10% x Years of Active Duty Service x 12 x Most Recent Monthly Base Pay.
  • Months of service are counted as 1/12 of a year.

You can express this in words as, &#;10% of your annual base pay, multiplied by the number of years you served.&#;

Let&#;s work through an example of an E-5 receiving involuntary separation pay at 6 years:

$2, base pay x 12 = $32,

$32, x 6 (number of years served) = $,

$, x 10% = $19, = Full Separation Pay.

To determine the separation pay you may be eligible to receive, simply plug in your base pay, number of years (including fractions), and multiple by 10%. The longer you have served and the higher your rank, the greater the value of your separation payment.

Important Things to Know About Separation Pay

Taxes: Taxes will be withheld from your separation pay, usually at a rate of 20% or 25%. So far as I know, you cannot change the withholding rate. If you overpay your taxes, you will receive a refund when you file your tax return the following year. Taxes will be handled in a similar manner to taxes on a military bonus.

Separation Pay & Joining the Guard or Reserves: You may be eligible to join the Guard or Reserves after leaving active duty military service, even if you receive separation pay. However, if you go on to retire from the Guard or Reserves, you will be required to pay back your separation pay. DFAS will withhold 40% of your retirement pay until you have paid back the separation pay you received. There is no option for repaying the balance in a lump sum, but you can request that DFAS increase your withholding to speed up your repayment of the separation pay. Here is more information about paying back separation pay upon retirement.

Don&#;t let the possibility of repaying the separation pay prevent you from joining the Guard or Reserves, as this can be a great way to continue your military career and continue earning important benefits for yourself and your family.

Separation Pay and VA Service-Connected Disability Compensation: Federal law requires the VA to withhold compensation pay for veterans separation pay, severance pay, and readjustment pay, less any federal taxes already paid. This applies to both voluntary and involuntary separation pay. Here is more information about when the VA can recoup disability compensation.

Additional notes: Separation pay benefits can be complicated and each situation is unique. The DoD Reg for separation pay is over 60 pages long (DoDFMR R, Chapter 35, Section , Separation Pay (Nondisability) &#; pdf) and includes many exclusions and other information. The goal is to give you a rough idea of how the benefit works, so you can run some calculations on your own. It&#;s up to you to ensure you double-check your status with your finance or personnel office to verify your situation.

You can also read the law as written in 10 U.S. Code § &#; Separation pay upon involuntary discharge or release from active duty.

Sours: https://themilitarywallet.com/involuntary-separation-pay/
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Family Separation Allowance (FSA)

The U.S. military offers extra allowances for those who are required to be separated from their family&#;an “enforced separation” for mission requirements. Known generally as “family separation pay,” there are two basic types, but sorting them out can be a bit confusing.


The Family Separation Allowance (FSA)Family Separation Allowance (FSA)

FSA was created to provide funds for qualifying service members with dependents to help offset expenses associated with having to maintain two households due to an enforced family separation.

There isn’t just one type of FSA, there are two basic types (Type I and Type II) with different conditions under each.

When FSA Is Payable

In general FSA is offered under the following circumstances:

  • Transportation of dependents (at government expenses) is not authorized AND your dependents do not live in the vicinity of your permanent duty station.
  • Transportation of dependents is authorized at government expense, but you have elected an unaccompanied tour of duty “due to certified medical reasons” associated with the dependent(s).
  • A sailor is on duty aboard a ship away from the homeport continuously for more than 30 days.
  • You are on temporary duty (TDY) (or temporary additional duty) away from the permanent station for 30 days or more without dependents.
  • FSA may be offered in cases where dependents are evacuated from a danger area and they “temporarily occupy government quarters at a safe haven area.”

How To Apply For FSA

Applying for FSA requires a completed DD Form , Statement to Substantiate Payment of Family Separation Allowance (FSA).

Types Of FSA

Type I Family Separation Allowance (FSA)

Type I is offered to those with dependents who are separated for more than 30 days. FSA offers this payment under one of three “conditions” including FSA-restricted (FSA-R), FSA-Ship, and FSA Temporary.

FSA Restricted (FSH-R) requires the servicemember’s orders to meet certain requirements. The orders cannot include transportation of dependents at government expense and they must also not be located near the homeport or permanent duty station.

This type of separation allowance may also be granted in cases where transportation of dependents is provided for at government expense, but the service member chooses not to take advantage of the option “because a dependent cannot accompany the member to or at that homeport/permanent station due to certified medical reasons” according to the DoD.

FSA-Ship (FSA-S) requires duty aboard a ship that has been away from the home port for more than 30 consecutive days. DoD rules say you may be entitled to FSA-S in cases where the sailor “returns to homeport after the original deployment for a period of thirty days or less and redeploys for a period of more than thirty days”.

For this type of family separation allowance, dependents are not required to reside in the vicinity of the sailor’s homeport.

FSA-Temporary (FSA-T)  This separation pay requires the service member to be on temporary duty (TDY) for more than thirty days and this must be a situation where the dependents are not residing at or near the TDY station.

A military member who is sent TDY to professional military education requiring in-residence work at the same military base she is assigned to (such as an Air Force Airman Leadership School, for example) may not necessarily earn the servicemember FSA-T even though they may be required to stay on base instead of family housing or report for training for extended periods of time.

If the dependents reside in the same location, that makes FSA-T payment unlikely. FSA is not exclusive&#;it is payable even with other allowances or per diem. But you are not allowed to double-dip. The service member “may not receive more than one payment of FSA for the same period” even when qualified for multiples under FSA-R, FSA-S, and FSA-T.

FSA Type II

Family Separation Allowance Type II is authorized for those who must be separated from their dependents for longer than 30 days. Serving on board a ship that is underway or away from the home port for more than 30 days qualifies the sailor for FSA Type II, and those who are on TDY (temporary duty) orders for longer than 30 days may also qualify (and the dependents are not living at or near the TDY location).

This includes training, which technically means that a service member qualifies for FSA-T (temporary) if separated from their dependents for 30 days or more in Basic Training.


The Family Separation For Housing (FSH)

FSH is confusing for two reasons; it seems to closely resemble the OTHER form of DoD compensation for a required separation of the service member from their family known as the Family Separation Allowance or FSA. Some DoD websites have documentation that seems to treat FSH and FSA interchangeably, but careful research shows these really are two different types of family separation pay.

The Department of Defense Describes Family Separation For Housing (FSH) pay as “compensation for additional housing expenses resulting from separation from their dependents” when the service member is assigned to an overseas base or in the United States, “when dependent travel is delayed or restricted.”

FSH is not permitted for any situation where the service member is “under permissive orders”  or “when government quarters are available to the member.”

There are two varieties of FSH:

  • FSH-BAH Based Locations (FSH-B) paid at the &#;without dependents&#; BAH rate
  • FSH-OHA Based Locations (FSH-O) payable monthly up to the “without-dependents” Overseas Housing Allowance rate

Depending on the branch of military service, additional requirements may apply. Consider the additional rules for members of the Coast Guard, which state that FSH is NOT payable when the following conditions apply:

  • A member&#;s permanent duty station is a career sea pay eligible vessel, shipboard quarters are available for assignment.
  • A member elects not to occupy available assigned Government quarters and resides in a private-sector residence “for personal convenience.”
  • An active duty member is married to another active duty member and they have no BAH eligible dependents.
  • When a member&#;s housing allowance is based on the payment of child support.

To claim FSH, ask your unit orderly room, First Sergeant, Command Sergeant Major, or make an appointment with your base Finance office.


About The AuthorJoe Wallace is a year veteran of the United States Air Force and a former reporter for Air Force Television News


Sours: https://militarybenefits.info/family-separation-allowance/
100% VA Disability Claim In 5 Steps

§ Separation pay upon involuntary discharge or release from active duty

(a) .-(1) A regular officer who is discharged under chapter 36 of this title (except under section (1)(A) or of such chapter) or under section or of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).

(2) A regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is discharged under section (1)(A), , or of this title, and a regular warrant officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is separated under section or of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.

(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under section (b) of this title.

(4) Notwithstanding paragraphs (1) and (2), an officer who is subject to discharge under any provision of chapter 36 of this title or under section or of this title by reason of having twice failed of selection for promotion to the next higher grade is not entitled to separation pay under this section if that officer, after such second failure of selection for promotion, is selected for, and declines, continuation on active duty for a period that is equal to or more than the amount of service required to qualify the officer for retirement.

(b) .-(1) A regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay.

(2) Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (d), except that such pay shall be computed under paragraph (2) of such subsection in the case of a member who is discharged under criteria prescribed by the Secretary of Defense.

(c) .-(1) Except as provided in paragraphs (2) and (3), a member of an armed force other than a regular member who is discharged or released from active duty and who has completed six or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary concerned, if-

(A) the member's discharge or release from active duty is involuntary; or

(B) the member was not accepted for an additional tour of active duty for which he volunteered.


(2) If the Secretary concerned determines that the conditions under which a member described in paragraph (1) is discharged or separated do not warrant separation pay under this section, that member is not entitled to that pay.

(3) A member described in paragraph (1) who was not on the active-duty list when discharged or separated is not entitled to separation pay under this section unless such member had completed at least six years of continuous active duty immediately before such discharge or release. For purposes of this paragraph, a period of active duty is continuous if it is not interrupted by a break in service of more than 30 days.

(4) In the case of an officer who is subject to discharge or release from active duty under a law or regulation requiring that an officer who has failed of selection for promotion to the next higher grade for the second time be discharged or released from active duty and who, after such second failure of selection for promotion, is selected for, and declines, continuation on active duty-

(A) if the period of time for which the officer was selected for continuation on active duty is less than the amount of service that would be required to qualify the officer for retirement, the officer's discharge or release from active duty shall be considered to be involuntary for purposes of paragraph (1)(A); and

(B) if the period of time for which the officer was selected for continuation on active duty is equal to or more than the amount of service that would be required to qualify the officer for retirement, the officer's discharge or release from active duty shall not be considered to be involuntary for the purposes of paragraph (1)(A).


(d) .-The amount of separation pay which may be paid to a member under this section is-

(1) 10 percent of the product of (A) his years of active service, and (B) 12 times the monthly basic pay to which he was entitled at the time of his discharge or release from active duty; or

(2) one-half of the amount computed under clause (1).


(e) .-(1)(A) As a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for a period of not less than three years following the person's discharge or release from active duty. If the person has a service obligation under section of this title or under any other provision of law that is not completed at the time the person is discharged or released from active duty, the three-year obligation under this subsection shall begin on the day after the date on which the person completes the person's obligation under such section or other provision of law.

(B) Each person who enters into an agreement referred to in subparagraph (A) who is not already a Reserve of an armed force and who is qualified shall, upon such person's discharge or release from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a reserve component.

(2) A member who is discharged or released from active duty is not eligible for separation pay under this section if the member-

(A) is discharged or released from active duty at his request;

(B) is discharged or released from active duty during an initial term of enlistment or an initial period of obligated service, unless the member is an officer discharged or released under the authority of section of this title;

(C) is released from active duty for training; or

(D) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service.


(f) .-In determining a member's years of active service for the purpose of computing separation pay under this section, each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.

(g) .-A period for which a member has previously received separation pay under this section or severance pay or readjustment pay under any other provision of law based on service in the armed forces may not be included in determining the years of service that may be counted in computing the separation pay of the member under this section.

(h) .-(1) A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of Defense shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member's dependents, until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay so paid.

(2) A member who has received separation pay under this section, or severance pay or readjustment pay under any other provision of law, based on service in the armed forces shall not be deprived, by reason of his receipt of such separation pay, severance pay, or readjustment pay, of any disability compensation to which he is entitled under the laws administered by the Department of Veterans Affairs, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay, severance pay, and readjustment pay received, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of ). Notwithstanding the preceding sentence, no deduction may be made from disability compensation for the amount of any separation pay, severance pay, or readjustment pay received because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty.

(i) .-(1) A member of the armed forces who receives a sole survivorship discharge shall be entitled to separation pay under this section even though the member has completed less than six years of active service immediately before that discharge. Subsection (e) shall not apply to a member who receives a sole survivorship discharge.

(2) The amount of the separation pay to be paid to a member pursuant to this subsection shall be based on the years of active service actually completed by the member before the member's sole survivorship discharge.

(3) In this subsection, the term "sole survivorship discharge" means the separation of a member from the armed forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-

(A) the father or mother or one or more siblings-

(i) served in the armed forces; and

(ii) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and


(B) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.


(j) .-(1) The Secretary of Defense shall prescribe regulations, which shall be uniform for the Army, Navy, Air Force, Marine Corps, and Space Force, for the administration of this section.

(2) Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active service in the armed forces for the purposes of this section.

(Added title I, §(c), Dec. 12, , ; amended §10(b)(10)(A), July 10, , ; title IX, §§(a), (b), (b), title X, §(c)(2), Sept. 24, , , , , ; title III, §(a)(2), Oct. 19, , ; div. A, title XVI, §(a)(1), Nov. 29, , ; div. A, title V, §(a)–(d), (g), (h), Nov. 5, , ; div. A, title XI, §(6), Dec. 5, , ; div. A, title V, §(a), Nov. 30, , ; div. A, title V, §(c), Oct. 5, , ; div. A, title VI, §(a), Sept. 23, , ; div. A, title X, §(a)(22), Nov. 18, , ; div. A, title V, §(a), Oct. 17, , ; §1 [[div. A], title V, §(a), (b)], Oct. 30, , , A; div. A, title V, §(c)(2), Oct. 28, , ; §3, Aug. 29, , ; title III, §(a), June 24, , ; div. A, title X, §(b)(17), Jan. 7, , ; div. A, title VIII, §(a), Aug. 13, , ; div. A, title IX, §(b)(1)(K), (3)(S), Jan. 1, , , )

References in Text

Chapter 24 of the Internal Revenue Code of , referred to in subsec. (h)(2), is classified generally to chapter 24 (§ et seq.) of Title 26, Internal Revenue Code.

Amendments

-Subsec. (a)(2). §(b)(3)(S), substituted "Marine Corps, or Space Force" for "or Marine Corps" in two places.

Subsec. (j)(1). §(b)(1)(K), substituted "Marine Corps, and Space Force" for "and Marine Corps".

-Subsec. (a)(1), (4). substituted "section or " for "section or ".

-Subsec. (i). substituted "armed forces" for "Armed Forces" wherever appearing.

-Subsec. (h)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: "A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 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 separation pay under this section or separation pay, severance pay, or readjustment pay under any other provision of law until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay received."

-Subsecs. (i), (j). added subsec. (i) and redesignated former subsec. (i) as (j).

-Subsec. (e)(2)(B). inserted ", unless the member is an officer discharged or released under the authority of section of this title" after "obligated service".

-Subsec. (a)(4). §1 [[div. A], title V, §(a)], added par. (4).

Subsec. (c)(4). §1 [[div. A], title V, §(b)], added par. (4).

-Subsec. (a)(3). added par. (3).

-Subsec. (a)(1). struck out ", ," before "or of this title".

-Subsec. (h)(2). inserted ", less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of )" before period at end of first sentence.

-Subsec. (a)(1). inserted ", ," after "section ".

-Subsec. (a)(1). substituted "six" for "five".

-Subsec. (a)(1). substituted "section " for "section ".

-Subsec. (a). §(a)(1), inserted heading.

Subsec. (a)(1). §(g)(1), substituted "or under section or of this title" for ", under section or of this title, or under section or of the Defense Officer Personnel Management Act" and struck out "or release" after "that discharge".

Subsec. (a)(2). §(b)(1), substituted "six or more" for "five or more".

§(a)(2), redesignated subsec. (b) as subsec. (a)(2).

Subsec. (b). §(a)(3), added subsec. (b). Former subsec. (b) redesignated (a)(2).

Subsec. (c). §(h)(1), inserted heading.

Subsec. (c)(1). §(g)(2), struck out "after September 14, ," after "member who" in introductory provisions.

§(b)(1), substituted "six or more" for "five or more" in introductory provisions.

Subsec. (c)(3). §(b)(2), substituted "at least six years" for "at least five years".

Subsec. (d). §(h)(2), inserted heading.

Subsec. (d)(1). §(c)(1)(A), struck out "or $30,, whichever is less" after "active duty".

Subsec. (d)(2). §(c)(1)(B), struck out ", but in no event more than $15," after "under clause (1)".

Subsec. (e). §(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "A member who-

"(1) is discharged or released from active duty at his request;

"(2) is released from active duty for training; or

"(3) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service;

is not eligible for separation pay under this section."

Subsec. (f). §(h)(3), inserted heading.

Subsec. (g). §(h)(4), inserted heading.

§(c)(2), struck out "(1)" after "(g)" and struck out par. (2) which read as follows: "The total amount that a member may receive in separation pay under this section and severance pay and readjustment pay under any other provision of law, other than section of this title, based on service in the armed forces may not exceed $30,"

Subsec. (h). §(h)(5), inserted heading.

Subsec. (i). §(h)(6), inserted heading.

-Subsec. (h)(2). substituted "Department of Veterans Affairs" for "Veterans' Administration".

-Subsec. (h)(1). substituted "separation pay, severance pay," for "severance pay" before "or readjustment pay" in two places.

-Subsec. (c). §(a), amended subsec. (c) generally, designating existing provisions as par. (1) and existing pars. (1) and (2) as subpars. (A) and (B), respectively, and in provisions preceding subpar. (A) substituted "Except as provided in paragraphs (2) and (3), a member" for "A member" and "fewer than 20, years of active service immediately before that discharge or release is entitled to separation pay" for "less than twenty, years of active service immediately before that discharge or release is entitled, unless the Secretary concerned determines that the conditions under which the member is discharged or separated do not warrant such pay, to separation pay", and added pars. (2) and (3).

Subsec. (f). §(b), amended subsec. (f) generally, substituting "each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "a part of a year 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".

Subsec. (g)(2). §(b), inserted ", other than section of this title," after "any other provision of law".

Subsec. (i). §(c)(2), designated existing provisions as par. (1) and added par. (2).

-Subsec. (c). substituted "after September 14, ," for "on or after the effective date of the Defense Officer Personnel Management Act".

Effective Date of Amendment

Amendment by effective Feb. 1, , with provision for the coordination of amendments and special rule for certain redesignations, see section of set out as a note preceding section of this title.

Effective Date of Amendment

title III, §(c), June 24, , , provided that: "The amendments made by this section [amending this section and section of this title] shall apply to any repayments of separation pay, severance pay, readjustment pay, special separation benefit, or voluntary separation incentive, that occur on or after the date of enactment [June 24, ], including any ongoing repayment actions that were initiated prior to this amendment."

Effective Date of Amendment

Amendment by applicable with respect to any sole survivorship discharge granted after Sept. 11, , see section 10 of set out as a note under section of Title 5, Government Organization and Employees.

Effective Date of Amendment

Amendment by effective on the first day of the first month beginning more than days after Oct. 28, , see section (g) of set out as a note under section of this title.

Effective Date of Amendment

§1 [[div. A], title V, §(c)], Oct. 30, , , A, provided that: "Paragraph (4) of section (a) of title 10, United States Code, as added by subsection (a), and paragraph (4) of section (c) of such title, as added by subsection (b), shall apply with respect to any offer of selective continuation on active duty that is declined on or after the date of the enactment of this Act [Oct. 30, ]."

Effective Date of Amendment

Amendment by applicable with respect to selection boards convened under section (a) of this title on or after Oct. 17, , see section (c) of set out as a note under section of this title.

Effective Date of Amendment

title VIII, §, June 9, , , provided that: "The amendment made by section of the National Defense Authorization Act for Fiscal Year (; ) to subsection (h)(2) of section of title 10, United States Code, shall apply to any payment of separation pay under the special separation benefits program under section a of that title that was made during the period beginning on December 5, , and ending on September 30, "

div. A, title VI, §(b), Sept. 23, , , provided that: "The amendments made by this section [amending this section] shall take effect on October 1, , and shall apply to payments of separation pay, severance pay, or readjustment pay that are made after September 30, "

Effective Date of Amendment

div. A, title V, §(b), Nov. 30, , , provided that:

"(1) Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall apply with respect to any regular officer who is discharged after the date of the enactment of this Act [Nov. 30, ].

"(2) The amendment made by subsection (a) shall not apply with respect to an officer who on the date of the enactment of this Act has five or more, but less than six, years of active service in the Armed Forces."

Effective Date of Amendment

Amendment by effective Feb. 1, , see section of set out as a note under section of this title.

Effective Date of Amendment

div. A, title V, §(e), Nov. 5, , , provided that:

"(1) Except as provided in paragraph (2), subsection (b) of section of title 10, United States Code, as added by subsection (a), and the amendments made by subsections (b), (c), and (d) [amending this section] shall apply with respect to a member of the Armed Forces who is discharged, or released from active duty, after the date of the enactment of this Act [Nov. 5, ].

"(2) The amendments made by subsection (b) [amending this section] shall not apply in the case of a member (other than a regular enlisted member) of the Armed Forces who (A) is serving on active duty on the date of the enactment of this Act, (B) is discharged, or released from active duty, after that date; and (C) on that date has five or more, but less than six, years of active service in the Armed Forces."

Effective Date of Amendment

title IX, §(c), Sept. 24, , , provided that: "The amendments made by this section [amending this section] shall take effect on October 1, "

title IX, §(g), Sept. 24, , , provided that: "The amendments made by this section [amending this section and sections , , a, , , , , , , , and of this title, section of Title 14, Coast Guard, section o of Title 33, Navigation and Navigable Waters, and section of Title 42, The Public Health and Welfare] shall apply with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after September 30, , and (2) the recomputation of retired pay under section , a, [now ], or [now ] of title 10, United States Code, of any individual who after September 30, , becomes entitled to recompute retired pay under any such section."

Effective Date of Amendment

§10(b), July 10, , , provided that the amendment made by that section is effective Sept. 15,

Effective Date

Section effective Sept. 15, , but the authority to prescribe regulations under this section effective on Dec. 12, , see section of set out as an Effective Date of Amendment note under section of this title.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of otherwise to allow for an orderly transition to the system of officer personnel management put in place under see section et seq. of set out as a note under section of this title.

Sours: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titlesection&num=0&edition=prelim

Separation pay navy

Family Separation Allowance

A servicemember with dependents who serves an unaccompanied tour of duty or is away from their homeport may be entitled to a Family Separation Allowance (FSA) of up to $ a month. 

For your personalized pay and allowance computation check out our Military Pay Calculator.

FSA accrues from the day of departure from the home station and ends the day prior to arrival at the home station. This is in addition to any per diem or other entitlements.

There are three types of FSA:

  1. FSA Restricted (FSA-R) - Payable to members whose dependents do not live in the vicinity of the member’s permanent duty station, and the transportation to the permanent duty station at government expense isn't authorized
  2. FSA Ship (FSA-S) - Payable to members assigned to a ship, and the ship is away from the homeport continuously for more than 30 days.
  3. FSA Temporary (FSA-T) - Payable to members on temporary duty away from their permanent duty state for more than 30 continuous days

Service members that choose to serve an unaccompanied tour aren't entitled to FSA-R.

In situations where servicemembers are married to another servicemember, family separation allowance is authorized for one member if the members were residing together immediately before the separation.

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Military Administrative Separation (AdSep)

Separation Pay

Separation pay is pay awarded to an individual who is involuntarily separated, discharged, or released from active duty.

Federal Law

10 U.S. Code § : Active-duty officers with between 6 and 20 years of active service who are involuntarily separated are entitled to separation pay equal to:

  • 10% x years of active service x 12 x most recent monthly pay.
  • Months of service are counted as 1/12 of a year.

Service Secretaries determine whether the computation should be reduced by half for those officers who are discharged for not being qualified for promotion to O2; for chaplains who lose their professional qualifications; or for officers who request discharge while under investigation by a board of inquiry.

Officers ineligible for separation pay include those who

  • ask not to be selected for promotion,
  • decline continuation on active duty for a period that will qualify the officer for retirement,
  • are discharged or released at their request,
  • are released from active duty for training, or
  • upon discharge are immediately eligible for retired pay.

As a condition of receiving separation pay, personnel must agree to serve in the Ready Reserve for at least three years. If still under a service obligation, the three-year obligation runs consecutively to the other obligations.

10 U.S. Code § : Reserve officers are entitled to separation pay as outlined in 10 U.S. Code § .

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DoD Policy

DODI : Regular or Reserve service members being involuntary separated are entitled to full separation pay if each of the five conditions are met:

  1. With a few exceptions, the service member has completed at least 6 but fewer than 20 years of continuous active-duty service. Reserve members must have 6 years of continuous active duty or full-time National Guard duty immediately preceding separation.
  2. The service member's separation is "Honorable" and no conditions limiting eligibility for separation pay apply (as detailed in paragraph of the Instruction).
  3. The service member is being involuntarily separated through either denial of reenlistment or denial of continuation, though qualified for retention.
  4. The service member agrees to up to 3 years of service in the individual Ready Reserve (IRR) following separation. This condition does not apply if the member is not qualified for appointment or enlistment in the Ready Reserves.

Half-separation pay is authorized to Regular and Reserve service members who are involuntarily separated and meet the following five conditions:

  1. With a few exceptions, the service member has completed at least 6 but fewer than 20 years of continuous active-duty service. Reserve members must have 6 years of continuous active duty or full-time National Guard duty immediately preceding separation.
  2. The service member's separation is "Honorable" or "General (under honorable conditions)" and none of the other conditions limiting eligibility apply.
  3. The service member is being involuntarily separated and is not fully qualified for retention for any of the following reasons:
    1. Weight control failure
    2. Parent or custody of a minor child
    3. Military personnel security program
    4. Disability that existed before service
    5. Mental or physical conditions and circumstances not constituting a disability
    6. Alcohol or drug abuse rehabilitation failure
    7. Failure to meet minimum retention standards
    8. The service member is being separated under a Service-specific program established as a half-payment level by the Service Secretary
  4. The service member agrees to up to 3 years of service in the IRR following separation
  5. The service member has signed a disclosure statement acknowledging that if the member later becomes eligible for retired or retainer pay and/or disability compensation, the full amount of ISP received will be deducted from such pay.

Service Secretaries may determine in extraordinary cases that the conditions under which a service member is separated do not warrant separation payment. It is intended that this discretionary authority to deny payment be used sparingly, and it may not be delegated.

Military Services may choose to award full separation pay to members who are otherwise only qualified for half-separation pay. This provision applies to "extraordinary instances" in which "the specific reasons for separation and the overall quality of the member's service have been such that denial of [full separation] pay would be clearly unjust."

Full separation pay is equal to 10% x 12 x years of service x monthly basic pay at time of separation. Years of service include partial years computed at 1/12th of a year for each full month of service. Fractional months are discarded.

DOD FMR Vol. 7A Chapter A service member is ineligible for separation pay under a variety of circumstances; most significantly if he or she:

  • Is separating at his or her own request, including:
    • Declining training to qualify for a new skill as a precondition for continuation on active duty
    • Requesting separation
    • Declining a regular appointment at the mandatory integration point when an all-regular career force program is implemented by a Service Secretary
  • Has not completed the initial active service obligation
  • Is released from active duty for training or from full-time National Guard duty for training.
  • Is immediately eligible upon separation for retired or retainer pay based upon his or her military service.
  • Is being separated under other than honorable conditions.
  • Is a warrant officer whose appointment is terminated and who then elects to enlist.
  • Is separated through execution of a court-martial sentence.
  • Is being dropped from the rolls of the Military Service concerned.
  • The member is an enlisted member who is separated for unsatisfactory performance or misconduct, as set forth in DODI , except when half separation pay is authorized in subparagraph C.
  • Is an officer who is separated for substandard performance, acts of misconduct, or moral or professional dereliction except when half-pay is allowed.
  • Is separated under a Service-specific program established as a no-payment level by the Secretary concerned.
  • Is separated in an "extraordinary case", in which the Secretary concerned determines that the conditions under which the member is separated do not warrant separation payment. This discretionary authority is not to be delegated and is intended to be used sparingly.
  • Declines continuation on active duty for a sufficient period to qualify for retirement if the officer has twice failed of selection in a grade.

Service members will be required to repay separation pay if they subsequently begin receiving retirement or disability retirement payments, except when the disability payments are associated with a different period of service from the period on which the separation pay is based.

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Air Force Policy

Implements U.S. Law and DoD Policy. See AFI for details.

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Army Policy

Implements U.S. Law and DoD Policy. See AR , Officer Transfers and Discharges, for details. Additional information contained in AR , Separation Pay (Non-disability) and Levels of Payment.

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Navy Policy

See OPNAVINST To be eligible for separation pay, a Reserve officer must have been involuntarily separated from active duty or denied a voluntary request for additional active duty. The request must be unqualified and specify that the member will accept any assignment commensurate with pay grade and designator.

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Marine Corps Policy

MCO P CH 2:

This instruction applies to Marines involuntarily separated from active duty on or after November Reserve Marines separated from inactive duty are not normally eligible for separation pay under reference 10 U.S. Code § , unless specific eligibility requirements are met per reference DODI

The amount of separation pay for a Marine shall be calculated as follows:

  1. Full separation pay is 10 percent of the product of years of active duty military service (a) and 12 times the monthly basic pay to which the Marine was entitled at the time of discharge or release from active duty (b).
    Full Separation Pay = .1(a x (12 x b))
  2. To determine years of active duty military service for use in computing separation pay, count each full year of creditable service as a year and count each full month of service of creditable service as 1/12 of a year. Disregard any remaining fractional part of a month.
  3. Periods for which a Marine previously has received separation pay, severance pay, or readjustment pay may be counted for eligibility purposes (to ensure the Marine meets the minimum required years of active duty), but may not be used in the multiplier to determine the amount of separation pay for subsequent separation.
  4. Do not count periods of unauthorized absence, confinement awaiting trial that resulted in conviction, time lost through disease or injury due to misconduct, or service as a midshipman or cadet at a service academy or in an NROTC program.
  5. Half separation pay is 1/2 the amount computed above in #1.

Eligibility

Reference 10 U.S. Code. § , and reference DODI , govern separation pay. Marines involuntarily separated from active duty whose separation is characterized as honorable or general and who meet the criteria in paragraphs and of this Manual, except those excluded in paragraphs and of this Manual, are entitled to the full rate of separation pay. The qualifying years for separation pay do not have to be continuous; however, the last phase of the qualifying term must be six continuous active duty years and end immediately before the separation, discharge, or release.

Minimum service

Officers on the active duty list must have completed at least six continuous years of active duty service prior to separation to be eligible for full separation pay. Officers released or discharged upon completion of an initial period of obligated service as an officer or who are not selected or decline to accept career designation are not eligible for separation pay unless prior periods of completed service are combined to meet eligibility requirements set forth in DODI paragraph a(1).

Regular enlisted Marines must have completed at least six continuous years of active duty service prior to separation.

Reserve officers and Reserve enlisted Marines not on the active duty list when separated must have completed at least six years of continuous active duty service immediately prior to separation. A period of active duty service is continuous if any break in service does not exceed 30 days.

Reserve obligation

The Marine must enter into a written agreement to serve in the Individual Ready Reserve for a period of not less than three years following separation from active duty. A Marine who enters into this written agreement and who is not qualified for appointment or enlistment in the Individual Ready Reserve need not be enlisted or appointed to be considered to have met this condition of eligibility for separation pay. If the Marine has a service obligation remaining at the time the Marine is separated from active duty, the three-year obligation will begin on the day after the date on which the Marine completes this obligation.

Enlisted Marines fully qualified for retention but denied reenlistment or continuation on active duty due to established promotion or high-year tenure policies are eligible for full separation pay. It must be understood that due to manpower constraints, an individual Marine with an otherwise competitive record may be denied reenlistment due to lack of allocations in a particular skill or grade. These Marines will not be deprived of full separation pay. Likewise, Marines twice failed of selection for promotion to the next higher grade may be granted full separation pay.

Only the Secretary of the Navy may deny separation pay to Marines meeting the criteria in paragraphs or of this Manual.

See MCO CH 2 for additional details on half-separation pay and ineligibility.

Implements U.S. Law and DoD Policy.

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Sours: https://www.rand.org/paf/projects/dopma-ropma/retirement-and-separation/separation-pay.html

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