Military Separation Pay Fairness Act of 2014

Military Separation Pay Fairness Act of 2014 - Directs the Secretary of Defense (DOD) to determine whether former members of the Armed Forces who were separated for a violation of the policy concerning homosexuality in the Armed Forces as in effect before the effective date of the Don't Ask, Don't Tell Repeal Act of 2010 were paid: (1) the full amount of separation pay to which they should have been entitled under standard military separation pay laws, or (2) a reduced amount because of homosexuality pursuant to administrative instructions in place at the time of the separation.

Requires the Secretary to pay such a former member who has not received the full military separation pay: (1) the amount of the difference between the full amount and the amount actually paid, and (2) interest on the amount of the difference.

Excludes former members who joined the class-action settlement in Collins v. United States from receiving additional payments for the difference in amounts under such procedures, but provides for former members in such settlement to receive payment for interest on such amount.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5009 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5009

 To require the payment of the full amount of separation pay otherwise 
due to former members of the Armed Forces who were separated under the 
 former Don't Ask, Don't Tell Policy of the Department of Defense and 
              were only paid a portion of the full amount.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2014

  Ms. Speier introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the payment of the full amount of separation pay otherwise 
due to former members of the Armed Forces who were separated under the 
 former Don't Ask, Don't Tell Policy of the Department of Defense and 
              were only paid a portion of the full amount.

    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 ``Military Separation Pay Fairness Act 
of 2014''.

SEC. 2. FULL SEPARATION PAY FOR FORMER MEMBERS OF THE ARMED FORCES WHO 
              WERE SEPARATED UNDER FORMER DON'T ASK, DON'T TELL POLICY.

    (a) Identification of Affected Members.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall--
            (1) identify each former member of the Armed Forces who was 
        separated from the Armed Forces for violation of the policy 
        expressed in subsection (b) of section 654 of title 10, United 
        States Code, as in effect before the effective date of the 
        Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111-321; 
        124 Stat. 3516); and
            (2) determine, for each member so identified, whether the 
        member was paid the full amount of the separation pay to which 
        the member should have been entitled under section 1174 of such 
        title or was paid a reduced amount of separation pay because of 
        homosexuality, pursuant to paragraph 3.2.3.1.4 of Department of 
        Defense Instruction No. 1332.29, as in effect at the time of 
        the separation of the member.
    (b) Payment of Full Amount.--Not later than 30 days after the date 
on which the Secretary of Defense makes a determination under 
subsection (a)(2) that a former member of the Armed Forces was not paid 
the full amount of the separation pay to which the member should have 
been entitled under section 1174 of title 10, United States Code, the 
Secretary shall pay to the member (or to the estate of the member if 
the member is deceased) an amount equal to--
            (1) the amount of the difference between the full amount of 
        the separation pay that the member should have been paid under 
        such section and the amount of separation pay actually paid to 
        the member; and
            (2) interest on the amount determined under paragraph (1) 
        as provided in section 1035(b) of such title.
    (c) Exclusion of Certain Members.--Former members of the Armed 
Forces who joined the class-action settlement in Collins v. United 
States (Case No. 10-778c) are not entitled to additional payment under 
subsection (b)(1), but are entitled to interest as provided by 
subsection (b)(2).
    (d) Source of Funds for Payments.--The Secretary of Defense shall 
make the payments required by subsection (b) using amounts appropriated 
for the payment of separation pay to members of the Armed Forces under 
section 1174 of title 10, United States Code.
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