Involuntarily Separated Military Personnel Benefits Act of 1990 - Provides separation pay for all members of the armed forces who are involuntarily discharged or released from active duty or are denied reenlistment. (Under current law, regular members who were discharged from active duty after a specified date and who had completed five or more, but fewer than 20 years of active duty, were denied such separation pay and no separation pay was provided to enlisted members denied reenlistment.) Fixes the amount of separation pay at ten percent of the product of years of service and 12 times the monthly pay rate at the time of discharge or $60,000, whichever is less.
Limits to $60,000 the total amount a member can receive in separation, severance, and readjustment pay based on service in the armed forces.
Increases the aggregate amount of unemployment compensation payable to ex-servicemen in any benefit year to 26 times an individual's weekly benefit amount for total unemployment.
Directs the Secretary of Defense to conduct a program to furnish employment and training information and services to members of the armed forces who serve on active duty more than 180 consecutive days and are denied reenlistment or involuntarily separated from active duty under honorable conditions in order to assist such members in assimilating to civilian life. Requires the Secretary, no later than 180 days before a separation, to notify the member of such separation and to brief him or her regarding the availability of potential retirement, employment, job preference, and other benefits. Authorizes the Secretary to utilize disabled veterans' outreach program specialists, local veterans' employment representatives, other employment service personnel, and representatives of veterans' service organizations in furnishing such employment and training information.
Requires the Secretary, in preparation for the discharge or release from active duty of military personnel stationed outside the United States whose dependents were permitted to accompany them, to reassign such member and dependents to the United States for the final three to six months of the member's tour of active duty.
Urges and requests the President to establish a special committee to report on the means of encouraging civilian employers to cooperate with and assist the Government in providing employment training and job placement services to military personnel being involuntarily separated. Authorizes appropriations.
Includes an individual who served on active duty at any time in the armed forces for more than 180 consecutive days and is denied reenlistment on active duty or involuntarily separated from active duty under honorable conditions and under criteria established by the Secretary of the military department concerned among those individuals for whom a Federal hiring preference will be given.
Expresses the sense of the Congress that with respect to a person involuntarily separated from the armed forces: (1) efforts should be made to expand the number of noncompetitive position appointments available in the Government and to increase the pay grade level for such appointments; and (2) preferential hiring policies and procedures should be established as a condition for receiving the Federal share of expenditures for State and local programs.
Directs the Secretary of Defense to contract to provide medical care to a person who is involuntarily discharged or released from active duty and to his or her dependents for 90 days following such discharge or release. Directs the Secretary to inform each such person of the availability for purchase by the member of a conversion health policy. Requires such policy to be purchased within 90 days of the date of such discharge or release. Provides that such a policy shall continue to cover such member and his or her dependents for one year. Outlines preexisting conditions for which such coverage will apply. Authorizes such member and dependents to receive health care at any military medical facility for any injury, illness, or disease incurred before the date of discharge or release, for a specified conditional period. Defines those persons who will not be considered to have been involuntarily discharged or released from the armed forces (such as those released under dishonorable conditions or for unfitness or unsatisfactory performance) and who will not therefore be entitled to such extended medical care.
Provides that an individual involuntarily discharged or released from active duty shall be entitled to 36 months of basic educational assistance under the Montgomery GI Bill. Sets forth application requirements and benefit limitations. Defines those persons who will not be considered to have been involuntarily discharged or released from active duty and who are therefore not entitled to such education assistance.
HR 5166 IH 101st CONGRESS 2d Session H. R. 5166 To provide increased and special benefits to individuals involuntarily separated from the Armed Forces, and for other purposes. IN THE HOUSE OF REPRESENTATIVES June 26, 1990 Mr. SLATTERY introduced the following bill; which was referred jointly to the Committees on Armed Services, Ways and Means, Post Office and Civil Service, and Veterans' Affairs A BILL To provide increased and special benefits to individuals involuntarily separated from the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Involuntarily Separated Military Personnel Benefits Act of 1990'. SEC. 2. SEPARATION PAY FOR MEMBERS OF THE ARMED FORCES WHO ARE INVOLUNTARILY DISCHARGED OR RELEASED FROM ACTIVE DUTY OR ARE DENIED REENLISTMENT. (a) AMENDMENTS TO SEPARATION PAY AUTHORITY- Section 1174 of title 10, United States Code, is amended-- (1) in subsection (c)(1)-- (A) by striking out `other than a regular member who after September 14, 1981, is discharged or released' in the material preceding subparagraph (A) and inserting in lieu thereof `who is discharged, separated, or released'; (B) by striking out `that discharge or release' in such material and inserting in lieu thereof `that discharge, separation, or release'; (C) by striking out `or' at the end of subparagraph (A); and (D) by striking out subparagraph (B) and inserting in lieu thereof the following: `(B) in the case of a regular enlisted member, the member was denied reenlistment on active duty or was involuntarily separated from active duty under criteria established by the Secretary concerned; or `(C) in the case of a reserve member, the member was not accepted for an additional tour of active duty for which the member volunteered.'; (2) in subsection (d)(1)-- (A) by striking out `his discharge or release' and inserting in lieu thereof `the discharge, separation, or release of the member'; and (B) by striking out `$30,000' and inserting in lieu thereof `$60,000'; and (3) in subsection (g)(2), by striking out `$30,000' and inserting in lieu thereof `$60,000'. (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the first day of the first month following the month in which this Act is enacted. SEC. 3. PERIOD OF UNEMPLOYMENT COMPENSATION FOR EX-SERVICEMEMBERS EXTENDED. (a) IN GENERAL- Subsection (c) of section 8521 of title 5, United States Code, is amended to read as follows: `(c) The aggregate amount of compensation payable on the basis of Federal service (as defined in subsection (a)) to any individual with respect to any benefit year shall not exceed 26 times the individual's weekly benefit amount for total unemployment.'. (b) EFFECTIVE DATE- The amendment made by this section shall apply to claims for unemployment compensation made by individuals discharged or released on or after the date of the enactment of this Act. SEC. 4. PROGRAM TO FURNISH EMPLOYMENT AND TRAINING INFORMATION AND SERVICES TO MEMBERS OF THE ARMED FORCES BEING INVOLUNTARILY SEPARATED FROM THE ARMED FORCES. (a) PROGRAM ESTABLISHED- The Secretary of Defense (hereafter in this section referred to as the `Secretary'), in consultation with Secretaries of the other departments of the United States, shall conduct a program to furnish employment and training information and services to members of the Armed Forces who serve on active duty for a period of more than 180 consecutive days and are denied reenlistment on active duty or involuntarily separated from active duty under honorable conditions. (b) PROGRAM SERVICES- (1) The program referred to in this section shall assist members referred to in subsection (a) in assimilating to civilian life. (2) In conducting the program referred to in this section, the Secretary shall-- (A) provide job search training and job referral services to such members and their spouses; (B) establish procedures to release the names of such members and their spouses, upon the consent of such members and spouses, to civilian employers, organizations, and entities to assist such members and spouses in locating civilian employment opportunities; (C) provide counseling and assistance to such members in the procurement of loans and grants from the Small Business Administration; and (D) provide information relating to the area of relocation chosen by such members; including-- (i) the cost and availability of housing; (ii) employment opportunities for such members and the spouses of such members; (iii) opportunities for such members for service in reserve components of the Armed Forces or in the national guard; (iv) educational opportunities for such members and the families of such members; (v) the cost and availability of child care; (vi) the cost and availability of medical care; and (vii) other living costs. (c) BRIEFING FOR INVOLUNTARILY SEPARATED MEMBERS- (1) Not less than 180 days before a member referred to in subsection (a) is discharged or involuntarily separated from the Armed Forces, the Secretary shall-- (A) notify the member of the date of the member's separation; and (B) brief the member regarding the availability of potential retirement benefits, medical benefits, civilian employment, job preference for veterans, the Montgomery G.I. Bill, the Uniformed Services Voluntary Insurance Plan, and benefits referred to in subsection (b). (2) In providing the briefing referred to in paragraph (1)(B), the Secretary shall-- (A) give the briefing during a member's normal duty hours; (B) permit the spouse of an attending member to attend the briefing; and (C) provide child care services at a reasonable cost to allow the attendance of a member and a member's spouse. (3) The briefings referred to in paragraph (1)(B) shall be conducted by persons who are well qualified by virtue of their education, training, and experience to conduct such briefings. (d) PROGRAM SUPPORT- (1) The Secretary may use disabled veterans' outreach program specialists, local veterans' employment representatives, other employment service personnel, and representatives of veterans' service organizations to furnish the employment and training information and services under the program. (2) The Secretary may enter into contracts with public or private entities to furnish the information and services referred to in subsection (b). (e) REPORT- Not later than one year after the program provided for in this section is initiated, the Secretary shall transmit to the Committees on the Armed Services of the Senate and the House of Representatives a report on the effectiveness of the program in furnishing employment and training information and services to members being involuntarily separated from the Armed Forces. (f) INVOLUNTARY SEPARATION OF CERTAIN MEMBERS STATIONED OUTSIDE THE UNITED STATES- In preparation for the discharge or release from active duty of members of the Armed Forces who are stationed outside the United States and whose dependents were permitted to accompany such members, the Secretary of Defense shall, to the maximum extent practicable, reassign the member and the member's accompanying dependents to the United States for the final three to six months of the member's tour of active duty. (g) REPORT ON COOPERATION BY CIVILIAN EMPLOYEES- The Congress urges and requests the President to establish a special committee to report to the Congress, the President, and the Secretary of Defense regarding effective and practical means of encouraging civilian employers to cooperate with and assist the Federal Government in providing employment training and job placement services to members being involuntarily separated from the Armed Forces. (h) DEFINITION- For purposes of this section, a person who is denied reenlistment and consequently discharged or released from the Armed Forces shall be considered to have been involuntarily discharged or released from active duty, but a person who is discharged from the Armed Forces under dishonorable conditions, who was discharged under section 1170 or 1173 of title 10, United States Code, or who is separated from the Armed Forces for unfitness or unsatisfactory performance shall not be considered to have been involuntarily discharged or released from that active duty. (i) AUTHORIZATION- There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this section. SEC. 5. FEDERAL HIRING PREFERENCE ESTABLISHED FOR INDIVIDUALS INVOLUNTARILY DISCHARGED OR RELEASED FROM ACTIVE DUTY OR DENIED REENLISTMENT. (a) PREFERENCE FOR PERSONS INVOLUNTARILY DISCHARGED OR RELEASED- Section 2108 of title 5, United States Code is amended-- (1) in paragraph (1)-- (A) by striking out `or' at the end of subparagraph (A); (B) by adding `or' at the end of subparagraph (B); and (C) by adding at the end the following new subparagraph: `(C) served on active duty at any time in the Armed Forces for a period of more than 180 consecutive days and is denied reenlistment on active duty or involuntarily separated from active duty under honorable conditions and under criteria established by the Secretary of the military department concerned;'; and (2) in paragraph (3)-- (A) by striking out `and' at the end of subparagraph (F); (B) by adding `and' at the end of subparagraph (G); and (C) by adding at the end the following new subparagraph: `(H) a veteran as defined by paragraph (1)(C) of this section;'. (b) SENSE OF THE CONGRESS- It is the sense of the Congress that with respect to persons involuntarily separated from the Armed Forces-- (1) efforts should be made to expand the number of noncompetitive position appointments available in the Federal Government and to increase the pay grade level for such appointments; and (2) preferential hiring policies and procedures should be established as a condition for receiving the Federal share of expenditures for State and local programs. SEC. 6. EXTENDED MEDICAL CARE. (a) EXTENDED MEDICAL CARE PROVIDED- (1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1079 the following new section: `Sec. 1079a. Involuntarily discharged or released members and their dependents: extension of period of eligibility for health benefits `(a) CONTRACTED TRANSITIONAL HEALTH CARE- (1) To assure that health benefits are available on a transitional basis for a member of the Armed Forces who is involuntarily discharged or released from active duty, the Secretary of Defense shall contract under the authority of this section to provide health benefits for that member and the dependents of that member during the 90-day period beginning on the date on which the member is involuntarily discharged or released from active duty. `(2) The health benefits contracted for under this section shall be provided under the same insurance, medical service, or health plans contracted for by the Secretary of Defense under section 1079(a) of this title and subject to the same rates and conditions as apply under section 1079(b) of this title. `(b) CONVERSION HEALTH POLICIES- (1) The Secretary of Defense shall inform each member referred to in subsection (a) before the date of the member's discharge or release from active duty of the availability for purchase by the member of a conversion health policy for the member and the dependents of that member. `(2) Subject to paragraph (3), if a member referred to in subsection (a) purchases a conversion health policy during the 90-day period referred to in that subsection on behalf of the member or the member's dependents, the persons covered by that policy shall continue to be eligible for health care under the plan contracted for under subsection (a) until the end of the one-year period beginning on the date on which the member purchases that policy. `(3) The extended period of eligibility provided under paragraph (2) shall apply only with regard to a condition of the member or a dependent of the member-- `(A) that, in the case of a pregnancy, exists on the date on which the member is involuntarily discharged or released from active duty, and in the case of any other health condition, exists on the date on which coverage under the conversion health policy begins; and `(B) for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition. `(c) HEALTH CARE WITHIN MEDICAL FACILITIES OF THE ARMED FORCES- (1) A member referred to in subsection (a) and the dependents of the member shall be eligible to receive health care at any military medical facility with the capability to provide such care (as determined by the Secretary concerned) for any injury, illness, or disease that is incurred by the member or a dependent before the date of the discharge or release of the member person. Such health care may be provided until the earliest of the following: `(A) The end of the one-year period beginning on the date on which the member is discharged or released from active duty. `(B) The date on which the injury, illness, or disease is cured or cannot be materially improved by further treatment. `(C) The date on which the injury, illness, or disease is covered by an insurance plan (other than the plan contracted for under subsection (a)). `(2) The extended period of eligibility provided under paragraph (1) shall include health care provided as a result of the pregnancy of the member or a dependent of such a member if the pregnancy existed before the date on which the member is involuntarily discharged or released from active duty. `(d) INVOLUNTARY DISCHARGE OR RELEASE- For purposes of this section, a person who is denied reenlistment and consequently discharged or released from the armed forces shall be considered to have been involuntarily discharged or released from active duty, but a person who is discharged from the armed forces under dishonorable conditions, who is discharged under section 1170 or 1173 of this title, or who is separated for unfitness or unsatisfactory performance shall not be considered to have been involuntarily discharged or released from that active duty.'. (2) The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1079 the following new item: `1079a. Involuntarily discharged or released members and their dependents: extension of period of eligibility for health benefits.'. (b) EFFECTIVE DATE- Section 1079a of title 10, United States Code (as added by subsection (a)), shall apply to members of the Armed Forces, and the dependents of those members, who are involuntarily discharged or released from active duty on or after the date of the enactment of this Act. SEC. 7. EDUCATIONAL BENEFITS FOR PERSONS INVOLUNTARILY DISCHARGED OR RELEASED FROM ACTIVE DUTY. (a) ELIGIBILITY FOR BENEFITS UNDER THE MONTGOMERY G.I. BILL- Chapter 30 of title 38, United States Code, is amended by inserting after section 1419 the following new section: `1420. Eligibility of persons involuntarily discharged or released from active duty `(a)(1) An individual described in paragraph (2) who is involuntarily discharged or released from active duty on or after the date of the enactment of this section shall be entitled, as provided in this section, to basic educational assistance benefits under this chapter. `(2) An individual referred to in paragraph (1) is an individual who-- `(A) elected not to receive educational assistance under this chapter or who is not entitled to the basic educational assistance benefits under this chapter for the maximum period; or `(B) was eligible to participate in the educational benefits program under chapter 32 of this title. `(b)(1) Subject to paragraph (2), an individual described in subsection (a) of this section shall be entitled to 36 months of basic educational assistance under this chapter (or the equivalent in the event of part-time benefits). `(2) To become entitled to the basic educational assistance provided for under this chapter an individual referred to in subsection (a) of this section must make written application to the Secretary in accordance with such regulations as the Secretary shall prescribe and pay to the Secretary the amount determined under paragraph (3) of this subsection. `(3)(A) An individual referred to in subsection (a)(2)(A) of this section shall be required to pay to the Secretary an amount equal to the difference between the amount withheld from the individual's basic pay under section 1411(b) of this title and $1,200. `(B) An individual who elected to participate in the educational benefits program under chapter 32 of this title but elected to contribute at less than the maximum amount shall be required to pay to the Secretary an amount equal to the amount the individual contributed under section 1622 of this title and $1,200. `(C) If an individual referred to in subsection (a)(1)(B) of this section elects to receive benefits under this section and the amount the individual contributed under section 1622 of this title was in excess of $1,200, the Secretary shall refund to the individual an amount equal to the difference between the amount contributed under that section and $1,200. `(c) An individual who becomes eligible for benefits under this chapter by virtue of this section shall not be eligible for benefits under chapter 32 of this title. `(d) For purposes of this section, an individual who is denied reenlistment and consequently discharged or released from the Armed Forces shall be considered to have been involuntarily discharged or released from active duty, but an individual who is discharged under dishonorable conditions or who was discharged under section 1170 or 1173 of title 10 or who is separated for unfitness or unsatisfactory performance shall not be considered to have been involuntarily discharged or released from that active duty. `(e) The Secretary shall prescribe such regulations as may be necessary to carry out effectively this section and to administer the provisions under this section in the case of individuals described in subsection (a) of this section in the same manner, to the maximum extent practicable, as the provisions of this chapter are administered in the case of individuals otherwise eligible for basic educational assistance benefits under this chapter.'. (b) TECHNICAL AMENDMENT- The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 1419 the following new item: `1635. Eligibility of persons involuntarily discharged or released from active duty.'.
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the House Committee on Ways and Means.
Referred to the House Committee on Post Office and Civil Service.
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Military Personnel and Compensation.
Executive Comment Requested from DOD.
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