Page:United States Statutes at Large Volume 123.djvu/2332

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123STA T . 2312 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)DEFIN I T I O NOF C O V E R E DS ERVICE M EM B ER .—Par a g ra ph ( 8 ) ofsecti o n63 8 1 of tit l e 5,U nite dS tates C ode, is a m ended to read as follo w s

‘(8) the term ‘co v ered servicemem b er ’ means— ‘‘( A ) a member of the Armed F orces (incl u ding a member of the N ational G uard or R eserves) who is under - going medical treatment, recuperation, or therap y , is other- wise in outpatient status, or is otherwise on the temporary disability retired list, for a serious in j ury or illness

or ‘‘( B ) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuper- ation, or therapy;’’. (3) DEFINITIONS OF SERIO U SIN J UR Y ORI L LNESS; VETER A N.— Section 6381 of title 5, United States Code, is further amended— (A) in paragraph (1 0 ), by stri k ing ‘‘and’’ at the end; and (B) by striking paragraph (11) and inserting the fol- lowing: ‘‘(11) the term ‘serious injury or illness’— ‘‘(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or e x isted before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and ‘‘(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran; and ‘‘(12) the term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.’’. ( 4 ) T EC H NICAL AMENDMENT.—Section 6382(e)(2)(A) of title 5, United States Code, is amended by striking ‘‘or parent’’ and inserting ‘‘parent, or covered servicemember’’. (5) RE G ULATIONS.— I n prescribing regulations to carry out the amendments made by this subsection, the O ffice of Per- sonnel M anagement shall consult with the Secretary of Defense and the Secretary of V eterans Affairs, as applicable. 5USC6381note.