I was wondering if anyone has run into this situation and has some feedback....
I was medically retired due to combat related disability after 20 years and placed on TDRL with a reeval after 6 months. I signed a selective retention bonus (SRB) for 6 annual installments 3 years before I could no long serve due to injuries incurred in combat. I only received the first three before I was medically retired through chapter 61/IDES. When going through US code to figure out if I would have the remaining balance recouped or not, I ran into 37 USC 373:
(b) Exceptions.-
(1) Discretion to provide exception to termination and repayment requirements.-Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(2) Special rule for deceased and disabled members.-(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned-
(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the member's estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.
So my question is, has anyone actually been paid in lump sum within 90 days the remaining installments of a bonus in which the service requirement was not met due to combat related disability. Thanks so much for any feedback!
I was medically retired due to combat related disability after 20 years and placed on TDRL with a reeval after 6 months. I signed a selective retention bonus (SRB) for 6 annual installments 3 years before I could no long serve due to injuries incurred in combat. I only received the first three before I was medically retired through chapter 61/IDES. When going through US code to figure out if I would have the remaining balance recouped or not, I ran into 37 USC 373:
§373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met
(a) Repayment and Termination.-Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.(b) Exceptions.-
(1) Discretion to provide exception to termination and repayment requirements.-Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(2) Special rule for deceased and disabled members.-(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned-
(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the member's estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.
So my question is, has anyone actually been paid in lump sum within 90 days the remaining installments of a bonus in which the service requirement was not met due to combat related disability. Thanks so much for any feedback!