
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 593(a)]
[Document affected by Public Law 107-107 Section 593(b)]
[CITE: 10USC1212]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1212. Disability severance pay

    (a) Upon separation from his armed force under section 1203 or 1206 
of this title, a member is entitled to disability severance pay computed 
by multiplying (1) his years of service, but not more than 12, computed 
under section 1208 of this title, by (2) the highest of the following 
amounts:
        (A) Twice the amount of monthly basic pay to which he would be 
    entitled if serving (i) on active duty on the date when he is 
    separated and (ii) in the grade and rank in which he was serving on 
    the date when his name was placed on the temporary disability 
    retired list, or if his name was not carried on that list, on the 
    date when he is separated.
        (B) Twice the amount of monthly basic pay to which he would be 
    entitled if serving (i) on active duty on the date when his name was 
    placed on the temporary disability retired list or, if his name was 
    not carried on that list, on the date when he is separated, and (ii) 
    in any temporary grade or rank higher than that described in clause 
    (A), in which he served satisfactorily as determined by the 
    Secretary of the military department or the Secretary of 
    Transportation, as the case may be, having jurisdiction over the 
    armed force from which he is separated.
        (C) Twice the amount of monthly basic pay to which he would be 
    entitled if serving (i) on active duty on the date when his name was 
    placed on the temporary disability retired list or, if his name was 
    not carried on that list, on the date when he is separated, and (ii) 
    in the permanent regular or reserve grade to which he would have 
    been promoted had it not been for the physical disability for which 
    he is separated and which was found to exist as a result of a 
    physical examination for promotion.
        (D) Twice the amount of monthly basic pay to which he would be 
    entitled if serving (i) on active duty on the date when his name was 
    placed on the temporary disability retired list or, if his name was 
    not carried on that list, on the date when he is separated, and (ii) 
    in the temporary grade or rank to which he would have been promoted 
    had it not been for the physical disability for which he is 
    separated and which was found to exist as a result of a physical 
    examination for promotion, if his eligibility for promotion was 
    required to be based on cumulative years of service or years in 
    grade.

    (b) For the purposes of subsection (a), a part of a year of active 
service 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.
    (c) The amount of disability severance pay received under this 
section shall be deducted from any compensation for the same disability 
to which the former member of the armed forces or his dependents become 
entitled under any law administered by the Department of Veterans 
Affairs. However, no deduction may be made from any death compensation 
to which his dependents become entitled after his death.

(Aug. 10, 1956, ch. 1041, 70A Stat. 98; Pub. L. 96-513, title V, 
Sec. 511(43), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 101-189, div. A, 
title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1212(a)...............................  37:273 (less 1st and last            Oc
t. 12, 1949, ch. 681, Sec.  403,
                                         provisos).                           6
3 Stat. 820.
1212(b)...............................  37:273 (1st proviso).
1212(c)...............................  37:273 (last proviso).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Upon separation'' are inserted for 
clarity. The words ``his years of service * * * computed under section 
1208 of this title'' are substituted for the words ``a number of years 
equal to the number of years of active service to which such member is 
entitled under the provisions of section 282 of this title''. The words 
``but not more than 12'' are substituted for the words ``but not to 
exceed a total of two years' basic pay'', to simplify the necessary 
calculation. The substituted words produce the same result. The word 
``rating'' is omitted as covered by the words ``grade'' and ``rank''.
    In clause (2)(A)-(D), the words ``Twice the amount of monthly'' are 
substituted for the words ``An amount equal to two months' ''. The words 
``if his name was not carried on that list'' are substituted for the 
words ``whichever is earlier'', since the member might be separated 
without ever being carried on the list. The word ``rating'' is omitted 
as surplusage.
    In clause (2)(B), the words ``the Secretary of the military 
department, or the Secretary of the Treasury, as the case may be, having 
jurisdiction over the armed force from which he is separated'' are 
substituted for the words ``the Secretary concerned'' for clarity.
    In clause (2)(C), the words ``regular or reserve'' are inserted, 
since they are the only ``permanent'' grades.
    Clause (2)(D) is based on that part of the third proviso of 37:273 
relating to promotions other than regular or reserve.
    In subsection (b), the words ``and a part of a year that is less 
than six months is disregarded'' are inserted to reflect the legislative 
history of the rule (see Senate Hearings on H.R. 5007, 81st Cong., page 
313). The words ``for himself or his dependents'' are omitted as 
surplusage.


                               Amendments

    1989--Subsec. (c). Pub. L. 101-189 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1980--Subsec. (a). Pub. L. 96-513 substituted ``Secretary of 
Transportation'' for ``Secretary of the Treasury''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1203, 1206 of this title; 
title 38 section 1161.
