2009 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
Sec. 1213 - Effect of separation on benefits and claims
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY Sec. 1213 - Effect of separation on benefits and claims |
| Contains | section 1213 |
| Date | 2009 |
| Laws in Effect as of Date | February 1, 2010 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89-718, §8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-513, title V, §511(44), Dec. 12, 1980, 94 Stat. 2924. |
| Statutes at Large References | 63 Stat. 823 80 Stat. 1117 94 Stat. 2924 96 Stat. 1314 |
| Public Law References | Public Law 89-718, Public Law 96-513, Public Law 97-295 |
§1213. Effect of separation on benefits and claims
Unless a person who has received disability severance pay again becomes a member of an armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89–718, §8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, §511(44), Dec. 12, 1980, 94 Stat. 2924.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1213 | 37:280. | Oct. 12, 1949, ch. 681, §410, 63 Stat. 823. |
The words “a person who has received disability severance pay” are substituted for the words “Any former member who has been separated for physical disability from any of the uniformed services and paid disability severance pay”. The words “any payment for” are substituted for the words “for any monetary obligation provided under any provision on account of”. The words “this section does not prohibit” are substituted for the words “shall not operate to bar”. The words “the payment of money to if the money was due him” are substituted for the words “from receiving or the service concerned from paying any moneys due and payable”. The words “valid”, “processed”, and “pursuant to any provisions of law” are omitted as surplusage.
Amendments1980—Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.
1966—Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
RepealsThe directory language of, but not the amendment made by, Pub. L. 89–718, §8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, §6(b), Oct. 12, 1982, 96 Stat. 1314.
Transfer of FunctionsFor transfer of functions of Public Health Service, see note set out under section 802 of this title.
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