The law › Title 10, Armed Forces › Chapter 59
10 U.S.C. 1174: Separation pay upon involuntary discharge or release from active duty
Created in 1980 by Public Law 96-513. Changed by 19 later laws. No bill we track in this Congress changes it.
25 other sections of the Code cite this one, including 5 U.S.C. 2108, 5 U.S.C. 8521, 10 U.S.C. 580, 10 U.S.C. 642, 10 U.S.C. 1145.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2023
- Pub. L. 118–31 substituted "or Marine Corps" for ", Marine Corps, or Space Force" in two places. (National Defense Authorization Act for Fiscal Year 2024) Law text · (a)
2021
- Pub. L. 116–283, §924(b)(3)(S), substituted "Marine Corps, or Space Force" for "or Marine Corps" in two places. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
- Pub. L. 116–283, §924(b)(1)(K), substituted "Marine Corps, and Space Force" for "and Marine Corps". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (j)
2018
- Pub. L. 115–232 substituted "section 580 or 8372" for "section 580 or 6383". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (a), (4)
2011
- Pub. L. 111–383 substituted "armed forces" for "Armed Forces" wherever appearing. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (i)
2009
- Pub. L. 111–32 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and wh… (Supplemental Appropriations Act, 2009) Law text · (h)
2008
- Pub. L. 110–317 added subsec. (i) and redesignated former subsec. (i) as (j). (Hubbard Act) Law text · (i), (j)
2004
- Pub. L. 108–375 inserted ", unless the member is an officer discharged or released under the authority of section 647 of this title" after "obligated service". (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (e)
2000
- Pub. L. 106–398, §1 [[div. A], title V, §508(a)], added par. (4). (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
- Pub. L. 106–398, §1 [[div. A], title V, §508(b)], added par. (4). (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (c)
1998
- Pub. L. 105–261 added par. (3). (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (a)
1997
- Pub. L. 105–85 struck out ", 1177," before "or 6383 of this title". (National Defense Authorization Act for Fiscal Year 1998) Law text · (a)
1996
- Pub. L. 104–201 inserted ", less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986)" b… (National Defense Authorization Act for Fiscal Year 1997) Law text · (h)
1994
- Pub. L. 103–337 inserted ", 1177," after "section 580". · (a)
1993
- Pub. L. 103–160 substituted "six" for "five". · (a)
1991
- Pub. L. 102–190 substituted "section 580" for "section 564". · (a)
1990
- Pub. L. 101–510, §501(a)(1), inserted heading. · (a)
- Pub. L. 101–510, §501(g)(1), substituted "or under section 564 or 6383 of this title" for ", under section 564 or 6383 of this title, or under section 603 or 604 of the Defense Officer Personnel Management Act" and struck out "or release" after "that discharge". · (a)
- Pub. L. 101–510, §501(b)(1), substituted "six or more" for "five or more". · (a)
- Pub. L. 101–510, §501(a)(2), redesignated subsec. (b) as subsec. (a)(2). · (a)
- Pub. L. 101–510, §501(a)(3), added subsec. (b). Former subsec. (b) redesignated (a)(2). · (b)
- Pub. L. 101–510, §501(h)(1), inserted heading. · (c)
- Pub. L. 101–510, §501(g)(2), struck out "after September 14, 1981," after "member who" in introductory provisions. · (c)
- Pub. L. 101–510, §501(b)(1), substituted "six or more" for "five or more" in introductory provisions. · (c)
- Pub. L. 101–510, §501(b)(2), substituted "at least six years" for "at least five years". · (c)
- Pub. L. 101–510, §501(h)(2), inserted heading. · (d)
- Pub. L. 101–510, §501(c)(1)(A), struck out "or $30,000, whichever is less" after "active duty". · (d)
- Pub. L. 101–510, §501(c)(1)(B), struck out ", but in no event more than $15,000" after "under clause (1)". · (d)
- Pub. L. 101–510, §501(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "A member who— · (e)
- Pub. L. 101–510, §501(h)(3), inserted heading. · (f)
- Pub. L. 101–510, §501(h)(4), inserted heading. · (g)
- Pub. L. 101–510, §501(c)(2), struck out "(1)" after "(g)" and struck out par. (2) which read as follows: "The total amount that a member may receive in separation pay under this section and severance pay and readjustment pay under any other provision of law, other than section 1212 of this title, b… · (g)
- Pub. L. 101–510, §501(h)(5), inserted heading. · (h)
- Pub. L. 101–510, §501(h)(6), inserted heading. · (i)
1989
- Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration". · (h)
1984
- Pub. L. 98–498 substituted "separation pay, severance pay," for "severance pay" before "or readjustment pay" in two places. · (h)
1983
- Pub. L. 98–94, §911(a), amended subsec. (c) generally, designating existing provisions as par. (1) and existing pars. (1) and (2) as subpars. (A) and (B), respectively, and in provisions preceding subpar. (A) substituted "Except as provided in paragraphs (2) and (3), a member" for "A m… · (c)
- Pub. L. 98–94, §923(b), amended subsec. (f) generally, substituting "each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "a pa… · (f)
- Pub. L. 98–94, §911(b), inserted ", other than section 1212 of this title," after "any other provision of law". · (g)
- Pub. L. 98–94, §1007(c)(2), designated existing provisions as par. (1) and added par. (2). · (i)
1981
- Pub. L. 97–22 substituted "after September 14, 1981," for "on or after the effective date of the Defense Officer Personnel Management Act". · (c)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.