10 USC 1415 – Lump sum payment of certain retired pay
(a)
(1)
(A) this title;
(B) title 14;
(C) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.); or
(D) the Public Health Service Act (42 U.S.C. 201 et seq.).
(2)
(A)(i) first becomes a member of a uniformed service on or after January 1, 2018; or
(ii) makes the election described in section 1409(b)(4)(B) or 12739(f)(2) of this title; and
(B) does not retire or separate under chapter 61 of this title.
(3)
Terms Used In 10 USC 1415
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
(b)
(1)
(A) a lump sum payment of the discounted present value at the time of the election of an amount of the covered retired pay that the eligible person is otherwise entitled to receive for the period beginning on the date of retirement and ending on the date the eligible person attains the eligible person’s retirement age equal to—
(i) 50 percent of the amount of such covered retired pay during such period; or
(ii) 25 percent of the amount of such covered retired pay during such period; and
(B) a monthly amount during the period described in subparagraph (A) equal to—
(i) in the case of an eligible person electing to receive an amount described in subparagraph (A)(i), 50 percent of the amount of monthly covered retired pay the eligible person is otherwise entitled to receive during such period; and
(ii) in the case of an eligible person electing to receive an amount described in subparagraph (A)(ii), 75 percent of the amount of monthly covered retired pay the eligible person is otherwise entitled to receive during such period.
(2)
(A) estimating the aggregate amount of retired pay the person would receive for the period, taking into account cost-of-living adjustments under section 1401a of this title projected by the Secretary at the time the person separates from service and would otherwise begin receiving covered retired pay; and
(B) reducing the aggregate amount estimated pursuant to subparagraph (A) by an appropriate percentage determined by the Secretary—
(i) using average personal discount rates (as defined and calculated by the Secretary taking into consideration applicable and reputable studies of personal discount rates for military personnel and past actuarial experience in the calculation of personal discount rates under this paragraph); and
(ii) in accordance with generally accepted actuarial principles and practices.
(3)
(4)
(5)
(A) Not later than 60 days after the date of the retirement of the eligible person from the uniformed services.
(B) In the case of an eligible person who is a member of a reserve component, not later than 60 days after the earlier of—
(i) the date on which the eligible person attains 60 years of age; or
(ii) the date on which the eligible person first becomes entitled to covered retired pay.
(6)
(c)
(1)
(2)
(d)
(e)