II 110th CONGRESS 1st Session S. 2491 IN THE SENATE OF THE UNITED STATES December 14, 2007 Mr. Nelson of Florida introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize adjustments for inflation in payments of forfeited pay and allowances to members of the Armed Forces whose court-martial sentences of confinement and forfeiture are later set aside.

1.

Adjustment for inflation in payments of forfeited pay and allowances for members of the Armed Forces whose court-martial sentences of confinement and forfeiture are later set aside

(a)

Adjustment required

Section 858b(c) of title 10, United States Code (article 58b(c) of the Uniform Code of Military Justice), is amended— (1)by inserting (1) after (c); and (2)by adding at the end the following new paragraph: (2)In the case of a sentence covered by paragraph (1) that is set aside, the amount paid the member under that paragraph shall appropriately reflect the effect of inflation on the amount of pay and allowances forfeited by the member as described in that paragraph over the period during which the forfeiture covered by that paragraph was in effect. . (b)

Effective date

(1)

In general

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to sentences set aside under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on or after that date. (2)

Retroactive effectiveness

The authority in paragraph (2) of section 858b(c) of title 10, United States Code, as added by subsection (a) of this section, may apply to such category or categories of members or former members of the Armed Forces who sentences were set aside under chapter 47 of title 10, United States Code, before the date of the enactment of this Act as the Secretary of Defense shall, in good conscience and equity, prescribe for purposes of this section.