,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ccad  ,,in ,,the ,,house ,,of  
,,representatives  ,october #bc1        
#bjac,ms4 ,shea-,porter introduced the  
following bill2 which was referred to   
the ,committee on ,armed ,services  ,a  
,,bill  ,to amend title #aj1 ,united    
,states ,code1 to limit recoupments of  
separation pay1 special separation      
benefits1 and voluntary separation      
incentive from members of the ,armed    
,forces subsequently receiving retired  
or retainer pay4  #a4 ,short title ,this
 ,act may be cited as the ,military     
,retired ,pay ,fairness ,act of #bjac4  
#b4 ,limitations on recoupment of       
separation pay1 special separation      
benefits1 and voluntary separation      
incentive from members subsequently     
receiving retired or retainer pay  7a7  
,separation pay and special separation  
benefits ,section #aagd7;h77#a7 of title
 #aj1 ,united ,states ,code1 is         
amended-- 7#a7 by inserting 7,a7 after  
7#a72  7#b7 by adding at the end the    

following new subparagraphs3  7,b7 ,the 
amount deducted under subparagraph 7,a7 
from a payment of retired or retainer   
pay may not exceed #be percent of the   
amount of the member's retired or       
retainer pay for that month unless the  
member requests or consents to          
deductions at an accelerated rate4 ,the 
,secretary of ,defense shall consult    
with the member regarding the repayment 
rate to be imposed1 taking into account 
the financial ability of the member to  
pay and avoiding the imposition of an   
undue hardship on the member and the    
member's dependents4  7,c7 ,the         
deduction of amounts from the retired or
 retainer pay of a member under this    
paragraph may not commence until the    
date that is #ij days after the date on 
which the ,secretary of ,defense        
notifies the member of the deduction of 
such amounts under this paragraph4 ,any 
notice under this subparagraph shall be 
designed to provide clear and           
comprehensive information on the        

deduction of amounts under this         
paragraph1 including information on the 
determination of the amount and period  
of installments under this paragraph4   
7,d7 ,the ,secretary of ,defense may    
waive the deduction of amounts from the 
retired or retainer pay of a member     
under this paragraph if the ,secretary  
determines that deduction of such       
amounts would result in a financial     
hardship for the member4  4  7b7        
,voluntary separation incentive ,section
 #aage7;e77#c7 of such title is         
amended-- 7#a7 by redesignating         
subparagraph 7,b7 as subparagraph 7,c72 
7#b7 by inserting after subparagraph    
7,a7 the following new subparagraph3    
7,b7 ,the amount deducted under         
subparagraph 7,a7 from a payment of     
retired or retainer pay may not exceed  
#be percent of the amount of the        
member's retired or retainer pay for    
that month unless the member requests or
 consents to deductions at an           
accelerated rate4 ,the ,secretary of    

,defense or the ,secretary of ,homeland 
,security1 as applicable1 shall consult 
with the member regarding the repayment 
rate to be imposed1 taking into account 
the financial ability of the member to  
pay and avoiding the imposition of an   
undue hardship on the member and the    
member's dependents4  2 and  7#c7 by    
adding at the end the following new     
subparagraphs3  7,d7 ,the deduction of  
amounts from the retired or retainer pay
 of a member under this paragraph may   
not commence until the date that is #ij 
days after the date on which the        
,secretary of ,defense or the ,secretary
 of ,homeland ,security1 as applicable1 
notifies the member of the deduction of 
such amounts under this paragraph4 ,any 
notice under this subparagraph shall be 
designed to provide clear and           
comprehensive information on the        
deduction of amounts under this         
paragraph1 including information on the 
determination of the amount and period  
of installments under this paragraph4   

7,e7 ,the ,secretary of ,defense or the 
,secretary of ,homeland ,security1 as   
applicable1 may waive the deduction of  
amounts from the retired or retainer pay
 of a member under this paragraph if the
 ,secretary determines that deduction of
 such amounts would result in a         
financial hardship for the member4  4   
7c7 ,effective date ,the amendments made
 by this section shall take effect on   
the first day of the first month        
beginning on or after the date of the   
enactment of this ,act and apply to     
deductions made from the retired or     
retainer pay of members of the uniformed
 services for that month and subsequent 
months4