Prohibits requiring repayment of a bonus or similar benefit, and requires the payment of any portion of such benefit not yet paid, when certain eligibility requirements for the receipt of such benefit are not met due to the death or retirement or separation of the member due to an injury, illness, or other impairment not incurred as a result of the member's own misconduct.
Permits, in cases not covered by the above paragraph, additional exceptions to the repayment requirement when it would be contrary to personnel policy, good conscience, or the best interests of the United States.
Provides for the retroactive application of this Act beginning on September 11, 2001, as specified.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4334 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4334
To amend title 37, United States Code, to ensure that a member of the
uniformed services who no longer satisfies the eligibility conditions
for receipt of a bonus or similar benefit because of the death of the
member or the retirement or separation of the member due to injury,
illness, or other impairment will still receive the balance of the
bonus or similar benefit and is not required to repay any portion of
the bonus or similar benefit previously paid.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2007
Mr. McHugh (for himself and Mr. Hunter) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 37, United States Code, to ensure that a member of the
uniformed services who no longer satisfies the eligibility conditions
for receipt of a bonus or similar benefit because of the death of the
member or the retirement or separation of the member due to injury,
illness, or other impairment will still receive the balance of the
bonus or similar benefit and is not required to repay any portion of
the bonus or similar benefit previously paid.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EFFECT OF DEATH OR RETIREMENT OR SEPARATION OF A MEMBER OF
THE UNIFORMED SERVICES DUE TO INJURY, ILLNESS, OR OTHER
IMPAIRMENT ON ENTITLEMENT TO BONUS OR SIMILAR PAYMENTS.
(a) Limitations on Repayment; Continued Payment.--Section 303a(e)
of title 37, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``A member'' and inserting ``Except
as provided in paragraphs (2) and (3), a member''; and
(B) by striking ``, except in certain circumstances
authorized by the Secretary concerned'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (4), (5), and (6), respectively;
(3) in paragraph (4), as so redesignated, by striking ``may
be granted'' in the first sentence and inserting ``may be
granted under paragraph (3)'';
(4) in paragraph (6)(B), as so redesignated, by striking
``paragraph (3)(B)'' and inserting ``paragraph (5)(B)''; and
(5) by inserting after paragraph (1) the following new
paragraphs:
``(2)(A) If a member of the uniformed services who is entitled to a
bonus or similar benefit no longer satisfies the eligibility
requirements for continued receipt of the bonus or similar benefit
because of the death of the member or the retirement or separation of
the member under chapter 61 of title 10 due to an injury, illness, or
other impairment, not incurred as a result of the member's own
misconduct, the Secretary concerned--
``(i) may not require the member or the member's estate to
repay to the United States the unearned portion of the bonus or
similar benefit previously paid; and
``(ii) shall pay any portion of the bonus or similar
benefit not yet paid as provided by subparagraph (B).
``(B) In the case of the death of a member described in
subparagraph (A), the Secretary concerned shall include the amount of
any unpaid portion of a bonus or similar benefit in the final pay of
the deceased member. In other cases, the unpaid portion of the bonus or
similar benefit shall be paid to the member as soon as practicable, but
not later than 90 days following the date of the retirement or
separation of the member.
``(3)(A) In the case of circumstances not covered by paragraph (2),
the Secretary concerned may grant an exception to the repayment
requirements of paragraph (1) for a member of the uniformed services
otherwise subject to the repayment requirements if the Secretary
determines that imposing the repayment requirements would be--
``(i) contrary to personnel policy or management
objectives;
``(ii) against equity and good conscience; or
``(iii) contrary to the best interests of the United
States.
``(B) In addition to granting an exception for a member under
subparagraph (A) to the repayment requirements, the Secretary concerned
may authorize the continued payment of any portion of a bonus or
similar benefit not yet paid to a member who is unable to fulfill the
eligibility requirements for receipt of the bonus or similar benefit,
subject to the Secretary making the determination required by
subparagraph (A).
``(C) The grant of an exception under subparagraph (A), the
authorization for the continued payment of a bonus or similar benefit
under subparagraph (B), and the determinations required by such
subparagraphs shall be made by the Secretary concerned on a case-by-
case basis.''.
(b) Retroactive Application of Amendment.--Paragraphs (2) and (3)
of section 303a(e) of title 37, United States Code, as added by
subsection (a), shall apply with respect to members of the uniformed
services who were entitled to a bonus or similar benefit (as defined in
such section) during the period beginning on September 11, 2001, and
ending on the date of the enactment of this Act, but who no longer
satisfied the eligibility requirements for continued receipt of the
bonus or similar benefit because of the death, retirement, or
separation of the member during that period due to an injury, illness,
or other impairment, not incurred as a result of the member's own
misconduct.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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