Page:United States Statutes at Large Volume 110 Part 3.djvu/803

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PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2533 SEC. 572. DISABILITY COVERAGE FOR MEMBERS GRANTED EXCESS LEAVE FOR EDUCATIONAL OR EMERGENCY PURPOSES. (a) ELIGIBILITY FOR RETIREMENT. — Section 1201 of title 10, United States Code, is amended— (1) by striking out the matter preceding paragraph (1) and inserting in lieu thereof the following: "(a) RETIREMENT. —Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member's office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under section 1401 of this title, if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b). "(b) REQUIRED DETERMINATIONS OF DISABILITY. —Determinations referred to in subsection (a) are determinations by the Secretary that—"; and (2) by adding at the end the following: "(c) ELIGIBLE MEMBERS. —This section and sections 1202 and 1203 of this title apply to the following members: "(1) A member of a regular component of the armed forces entitled to basic pay. "(2) Any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under section 10148(a) of this title) for a period of more than 30 days. "(3) Any other member of the armed forces who is on active duty but is not entitled to basic pay by reason of section 502(b) of title 37 due to authorized absence (A) to participate in an educational program, or (B) for an emergency purpose, as determined by the Secretary concerned.". (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY DISABILITY RETIREMENT LIST. — Section 1202 of title 10, United States Code, is amended by striking out "a member of a regular component" and all that follows through "more than 30 days," and inserting in lieu thereof "a member described in section 1201(c) of this title". (c) ELIGIBILITY FOR SEPARATION. —Section 1203 of title 10, United States Code, is amended by striking out the matter preceding paragraph (1) and inserting in lieu thereof the following: "(a) SEPARATION. —Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title is unfit to perform the duties of the member's office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in section 1201(c)(3) of this title, the member may be separated from the member's armed force, with severance pay computed under section 1212 of this title, if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b). "(b) REQUIRED DETERMINATIONS OF DISABILITY. —Determinations referred to in subsection (a) are determinations by the Secretary that—". (d) EFFECTIVE DATE.—The amendments made by this section Applicability, shall take effect on the date of the enactment of this Act 10 USC 1201 and shall apply with respect to physical disabilities incurred on ^°^' or after such late.