(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)
(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)
References in Text
The National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, referred to in subsec. (a)(1)(C), is title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to chapter 43 (§3001 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 33 and Tables.
The Public Health Service Act, referred to in subsec. (a)(1)(D), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
Amendments
2018—Subsec. (e). Pub. L. 115–232 struck out "concerned" after "The Secretary of Defense".
2016—Subsec. (b)(1)(B)(ii). Pub. L. 114–328 inserted period at end.
Effective Date; Implementation
Section effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as an Effective Date of 2015 Amendment; Implementation note under section 8432 of Title 5, Government Organization and Employees.