
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1213]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1213. Effect of separation on benefits and claims

    Unless a person who has received disability severance pay again 
becomes a member of an armed force, the National Oceanic and Atmospheric 
Administration, or the Public Health Service, he is not entitled to any 
payment from the armed force from which he was separated for, or arising 
out of, his service before separation, under any law administered by one 
of those services or for it by another of those services. However, this 
section does not prohibit the payment of money to a person who has 
received disability severance pay, if the money was due him on the date 
of his separation or if a claim by him is allowed under any law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89-718, Sec. 8(a), Nov. 
2, 1966, 80 Stat. 1117; Pub. L. 96-513, title V, Sec. 511(44), Dec. 12, 
1980, 94 Stat. 2924.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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1213..................................  37:280.                              Oc
t. 12, 1949, ch. 681, Sec.  410,
                                                                              6
3 Stat. 823.
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    The words ``a person who has received disability severance pay'' are 
substituted for the words ``Any former member who has been separated for 
physical disability from any of the uniformed services and paid 
disability severance pay''. The words ``any payment * * * for'' are 
substituted for the words ``for any monetary obligation provided under 
any provision * * * on account of''. The words ``this section does not 
prohibit'' are substituted for the words ``shall not operate to bar''. 
The words ``the payment of money to * * * if the money was due him'' are 
substituted for the words ``from receiving or the service concerned from 
paying any moneys due and payable''. The words ``valid'', ``processed'', 
and ``pursuant to any provisions of law'' are omitted as surplusage.


                               Amendments

    1980--Pub. L. 96-513 substituted ``National Oceanic and Atmospheric 
Administration'' for ``Environmental Science Services Administration''.
    1966--Pub. L. 89-718 substituted ``Environmental Science Services 
Administration'' for ``Coast and Geodetic Survey''.


                    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.


                                 Repeals

    The directory language of, but not the amendment made by, Pub. L. 
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to 
this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct. 12, 1982, 
96 Stat. 1314.

                          Transfer of Functions

    For transfer of functions of Public Health Service, see note set out 
under section 802 of this title.
