109 HR 5584 IH: Special Operations Forces Retention U.S. House of Representatives 2006-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5584 IN THE HOUSE OF REPRESENTATIVES June 12, 2006 Mr. Hayes (for himself and Mr. McIntyre) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the inclusion of certain special and incentive pays in the computation of military retired pay for members of the Armed Forces who have a special operations forces designation.

1.

Short title

This Act may be cited as the Special Operations Forces Retention Improvement Act of 2006.

2.

Inclusion of specified special and incentive pays in computation of military retired pay for members of the Armed Forces with a special operations forces designation

(a)

In general

Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section:

1415.

Members with special operations forces designation: increase in retired pay for receipt of certain special pays

(a)

Increase in retired pay for qualifying members

The retired pay of a member who is a qualifying special operations forces member and who retires on or after the date of the enactment of this section shall be increased by the amount determined under subsection (b). (b)

Computation of increase

(1)

Sum of prorated monthly special pays

The amount of an increase in retired pay under this section for any member shall be the sum of the amounts determined under paragraph (2) for that member. (2)

Pro rating of special pays

For each covered monthly special pay that the member received at any time while on active duty, there shall be determined the amount that is equal to the product of— (A)the monthly amount of such covered special pay that the member received for the final month for which the member received that special pay; and (B)the fraction in which— (i)the numerator is the number of months for which the member received that special pay; and (ii)the denominator is the total number of months for which the member received basic pay. (c)

Covered monthly special pays

For purposes of this section, the term covered monthly special pay means the following incentive and special pays, each of which is paid on a monthly basis: (1)Incentive pay under section 301 of title 37, relating to performance of hazardous duty required by orders. (2)Aviation career incentive pay under section 301a of title 37. (3)Submarine duty incentive pay under section 301c of title 37. (4)Special pay under section 304 of title 37, relating to diving duty. (5)Special pay under section 305 of title 37, relating to hardship duty. (6)Special pay under section 305a of title 37, relating to career sea pay. (7)Special pay under section 305b of title 37, relating to service as a member of a Weapons of Mass Destruction Civil Support Team. (8)Special pay under section 306 of title 37, relating to officers holding positions of unusual responsibility and of a critical nature. (9)Special pay under section 307 of title 37, relating to special duty assignments for enlisted members. (10)Special pay under section 310 of title 37, relating to duty subject to hostile fire or imminent danger. (11)Special pay under section 314 of title 37, relating to qualified members extending duty at designated overseas locations. (12)Incentive pay under section 320 of title 37, relating to career enlisted flyers. (13)Special pay under section 328 of title 37, relating to combat-related injury rehabilitation. (d)

Qualifying special operations forces members

A member is a qualifying special operations forces member for the purposes of this section if the member has a special operations forces personnel designation and— (1)the member was paid special pay for not fewer than 18 months under section 310 of title 37, relating to special pay for duty subject to hostile fire or imminent danger; or (2)the member was assigned to duty in a special operations forces duty assignment for not less than 60 months (whether or not consecutive). (e)

Treatment under other provisions relating to retired pay

An amount by which retired pay is increased under this section shall not be considered to be retired pay— (1)for purposes of section 1408 of this title; or (2)for purposes of the Survivor Benefit Plan under subchapter II of chapter 73 of this title. (f)

Retainer pay

In this section, the term retired pay includes retainer pay payable under section 6330 of this title.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1415. Members with special operations forces designation: increase in retired pay for receipt of certain special pays. .