H.R. 5009 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5009 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Speier introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the payment of the full amount of separation pay otherwise due to former members of the Armed Forces who were separated under the former Don’t Ask, Don’t Tell Policy of the Department of Defense and were only paid a portion of the full amount. 1. Short title This Act may be cited as the Military Separation Pay Fairness Act of 2014. 2. Full separation pay for former members of the Armed Forces who were separated under former Don't Ask, Don't Tell Policy (a) Identification of affected members Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) identify each former member of the Armed Forces who was separated from the Armed Forces for violation of the policy expressed in subsection (b) of section 654 of title 10, United States Code, as in effect before the effective date of the Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111–321; 124 Stat. 3516); and (2) determine, for each member so identified, whether the member was paid the full amount of the separation pay to which the member should have been entitled under section 1174 of such title or was paid a reduced amount of separation pay because of homosexuality, pursuant to paragraph 3.2.3.1.4 of Department of Defense Instruction No. 1332.29, as in effect at the time of the separation of the member. (b) Payment of full amount Not later than 30 days after the date on which the Secretary of Defense makes a determination under subsection (a)(2) that a former member of the Armed Forces was not paid the full amount of the separation pay to which the member should have been entitled under section 1174 of title 10, United States Code, the Secretary shall pay to the member (or to the estate of the member if the member is deceased) an amount equal to— (1) the amount of the difference between the full amount of the separation pay that the member should have been paid under such section and the amount of separation pay actually paid to the member; and (2) interest on the amount determined under paragraph (1) as provided in section 1035(b) of such title. (c) Exclusion of certain members Former members of the Armed Forces who joined the class-action settlement in Collins v. United States (Case No. 10–778c) are not entitled to additional payment under subsection (b)(1), but are entitled to interest as provided by subsection (b)(2). (d) Source of funds for payments The Secretary of Defense shall make the payments required by subsection (b) using amounts appropriated for the payment of separation pay to members of the Armed Forces under section 1174 of title 10, United States Code.