Retroactive Stop Loss Special Pay Compensation, 19878-19880 [2010-8739]
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19878
Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations
instructor certificates and inspection
authorizations for renewals from U.S.
military and civilian personnel (U.S.
personnel) who are assigned outside the
United States in support of U.S. Armed
Forces operations. SFAR 100–2 also
continues to allow FSDOs to accept
expired airman written test reports for
certain practical tests from U.S.
personnel who are assigned outside the
United States in support of U.S. Armed
Forces operations. This action is
necessary to avoid penalizing U.S.
personnel who are unable to meet the
regulatory time limits of their flight
instructor certificate, inspection
authorization, or airman written test
report because they are serving outside
the United States in support of U.S.
Armed Forces operations. The effect of
this action is to give U.S. personnel who
are assigned outside the United States in
support of U.S. Armed Forces
operations extra time to meet certain
eligibility requirements in the current
rules.
The FAA received no comments on
Relief for U.S. Military and Civilian
Personnel Who Are Assigned Outside
the United States in Support of U.S.
Armed Forces Operations direct final
rule.
Availability of Docket
The complete docket for the direct
final rule entitled Relief for U.S.
Military and Civilian Personnel Who
Are Assigned Outside the United States
in Support of U.S. Armed Forces
Operations, Docket No. FAA–2009–0923
may be examined at https://
www.regulations.gov at any time or go to
Docket Operations in Room W12–140 of
the West Building, Ground Floor at 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Conclusion
WReier-Aviles on DSKGBLS3C1PROD with RULES
In consideration that no comments
were submitted in response to the direct
final rule, the FAA has determined that
no further rulemaking action is
necessary. SFAR 100–2 remains in effect
as adopted.
Issued in Washington, DC, on April 12,
2010.
Pamela Hamilton-Powell,
Director of Rulemaking, ARM–1.
[FR Doc. 2010–8696 Filed 4–15–10; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 279
[Docket ID DOD–2009–OS–0141; RIN 0790–
AI59]
Retroactive Stop Loss Special Pay
Compensation
AGENCY: Office of the Under Secretary of
Defense for Personnel and Readiness,
DoD.
ACTION: Final rule.
SUMMARY: This rule provides for
Retroactive Stop Loss Special Pay as
authorized and appropriated in The
Supplemental Appropriations Act,
2009. This program is of short duration,
from October 21, 2009, to October 21,
2010. The last day for submission of
claims to the Secretaries of the Military
Departments for Retroactive Stop Loss
Special Pay is October 21, 2010. The
Secretaries concerned are not
authorized to make payments on claims
submitted after October 21, 2010.
DATES: This rule is effective October 21,
2009, to comply with section 310 of
Public Law 111–32 that calls for the
Secretary of Defense to issue a rule not
later than 120 days from the date of
enactment of the Act. The change of
eligibility for Retroactive Stop Loss
Special Pay is effective on December 19,
2009, the enactment date of the 2010
Department of Defense Appropriations
Act.
FOR FURTHER INFORMATION CONTACT: LTC
Brigitte Williams, (703) 614–3973.
SUPPLEMENTARY INFORMATION: This
action provides for Retroactive Stop
Loss Special Pay as authorized and
appropriated in The Supplemental
Appropriations Act, 2009 (Section 310
of Pub. L. 111–32) and as described in
this rule.
An interim final rule was published
October 23, 2009, with an effective date
of October 21, 2009 (74 FR 54751
through 54754). No comments were
received on the interim final rule.
However, the Department of Defense
Appropriations Act, 2010, Section 8108,
contains statutory provisions that
modify eligibility for Retroactive Stop
Loss Pay and extend payments for Stop
Loss Special Pay to active duty Service
members serving under the Stop Loss
authority through FY2010.
Under these provisions, Service
members who voluntarily reenlisted or
extended their service or suspended
their retirement and received a bonus
for such reenlistment or extension of
service are not eligible to receive the
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Retroactive Stop Loss Special Pay. The
change of eligibility for Retroactive Stop
Loss Special Pay is effective on
December 19, 2009. The Secretaries of
the Military Departments and Director,
DFAS, shall stop all payments on
applications from the newly ineligible
applicants regardless of when received
or approved. These applications will be
returned to the claimant with an
explanation of the change in law that
made them ineligible. There will be no
recoupment of payments made, prior to
December 19, 2009. Additionally, DoD
has determined that good cause exists
for exemption from public comment of
these changes and their effective date as
they are in direct compliance with the
statute.
The amount of special pay remains
$500 per month. If an eligible member
dies before the payment is made, the
Secretary of the Military Department
concerned shall make the payment in
accordance with Section 2771 of title
10, United States Code.
A new paragraph (b) has been added
to § 279.2 of the final rule to reflect the
change in eligibility. A new paragraph
(c) has added to § 279.3 of the final rule
to reflect the payment rules when an
eligible member dies before payment
can be made.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been certified that 32 CFR part
279 does:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities. The Supplemental
Appropriations Act, 2009 appropriated
$534,400,000 to the Department of
Defense, to remain available for
obligation until expended: Provided,
that such funds shall be available to the
Secretaries of the military departments
only to make payment of claims
specified by this law.
It has been certified that 32 CFR part
279 does not:
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
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Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations
Congressional Review Act, 5 U.S.C. 801,
et seq.
It has been certified that this rule is
a major rule under the Congressional
Review Act. This rule will have an
annual effect on the economy of $100
million or more. Because of the
congressionally mandated deadline to
begin the program, 5 U.S.C. 801(a)(3)
does not apply.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been certified that 32 CFR part
279 does not contain a Federal mandate
resulting in expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified 32 CFR part 279
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995. These
requirements have been approved by the
Office of Management and Budget under
OMB Control Number 0704–0464.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
279 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 279
Armed forces, Pay.
Accordingly, 32 CFR part 279 is
added to read as follows:
■
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PART 279—RETROACTIVE STOP
LOSS SPECIAL PAY COMPENSATION
Sec.
279.1
279.2
279.3
279.4
279.5
279.6
Purpose.
Eligibility.
Payment.
Claims process.
Recordkeeping.
Reporting.
Authority: Sec. 310, Pub. L. 111–32, as
amended.
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§ 279.1
Purpose.
This part provides for Retroactive
Stop Loss Special Pay as authorized and
appropriated in section 310 of Public
Law 111–32 and as described in this
part.
§ 279.2
Eligibility.
(a) The Secretaries concerned shall
employ the Retroactive Stop Loss
Special Pay authority and appropriated
funding to compensate Service
members, including members of the
Reserve components, former and retired
members under the jurisdiction of the
Secretary who, at any time during the
period beginning on September 11,
2001, and ending on September 30,
2009, served on active duty while the
Service members’ enlistment or period
of obligated service was extended, or
whose eligibility for retirement was
suspended pursuant to any provision of
law authorizing the President to extend
any period of obligated service, or
suspend eligibility for retirement, of a
Service member in time of war or of
national emergency declared by
Congress or the President (commonly
referred to as a ‘‘stop loss authority’’).
(b) Service members described in
paragraph (a) of this section, who
voluntarily reenlisted or extended their
service or suspended their retirement
and received a bonus for such
reenlistment or extension of service are
not eligible to receive the Retroactive
Stop Loss Special Pay.
(c) Service members who were
discharged or released from the Armed
Forces under other than honorable
conditions are not permitted to receive
Retroactive Stop Loss Special Pay under
section 310 of Public Law 111–32.
§ 279.3
Payment.
(a) The amount of compensation shall
be $500 per month for each month or
any portion of a month during the
period specified above that the member
was retained on active duty as a result
of application of the Stop Loss
Authority. The Military Departments are
to determine and certify who is eligible
to receive the Retroactive Stop Loss
Special Pay and provide this
information to the Defense Finance and
Accounting Service (DFAS) for
payment. Except as noted in this
section, retroactive Stop Loss Special
Pay is payable to a member under this
section in addition to any other amounts
payable or paid to the member by law
or policy.
(b) Payment rules are:
(1) Service members will not receive
a payment under ‘‘The Supplemental
Appropriations Act, 2009’’, section 310
of Public Law 111–32 and ‘‘Consolidated
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19879
Security, Disaster Assistance, and
Continuing Appropriations Act, 2009’’,
section 8116 of Public Law 110–329, for
the same month or portion of a month
during which the member was retained
on active duty under Stop Loss
Authority as outlined in the Secretary of
Defense Memorandum dated March 19,
2009, Subject: Stop Loss Special Pay.
(2) By law, Reserve Component
members retained under Stop Loss
Authority will receive Retroactive Stop
Loss Special Pay only for service on
active duty. As such, Reserve
Component members may have periods
before mobilization and after
demobilization while under Stop Loss
Authority where no Retroactive Stop
Loss Special Pay can be paid.
(3) If an eligible member dies before
the payment is made, the Secretary of
the Military Department concerned shall
make the payment in accordance with
section 2771 of title 10, United States
Code.
(4) Retroactive Stop Loss Special Pay
is subject to all applicable taxes.
§ 279.4
Claims process.
(a) The last day for submission of
claims to the Secretaries of the Military
Departments for Retroactive Stop Loss
Special Pay is October 21, 2010. The
Secretaries concerned are not
authorized to make payments on claims
that are submitted after October 21,
2010.
(b) The additional period between the
date of Under Secretary of Defense for
Personnel and Readiness Memorandum,
Subject: Retroactive Stop Loss Special
Pay Compensation signed on September
23, 2009 and October 21, 2009 is
provided for the Military Departments
to:
(1) Identify and formally notify
members or former members that
official records indicate their potential
eligibility for Retroactive Stop Loss
Special Pay. This notification should
reflect the estimated number of eligible
months and the projected special pay
amount along with guidance about how
to submit a claim. Special care should
be taken to work with family members
of eligible Service members who are
deceased. These family members may
not be knowledgeable of the process and
will require additional assistance after
filing their claim.
(2) Make a public announcement of
the Retroactive Stop Loss Special Pay
Authority highlighting the scope of the
program, who qualifies for the benefits,
and how to submit a claim to a Service
point of contact. The Service contact
information will be provided in all
public releases by the Office of
Secretary of Defense (OSD) Public
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Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations
Affairs Office, as well as by each of the
Services Public Affairs Offices.
(3) Establish and publish evidentiary
requirements beyond those listed in this
paragraph to support an unrecorded
extension under Stop Loss Authority.
Official documents may include but are
not limited to:
(i) DD 214 Form, Certificate of Release
or Discharge from Active Duty and/or
DD 215, Correction to DD 214.
(ii) Personnel record or enlistment or
reenlistment document recording
original expiration of service date.
(iii) Approved retirement
memorandum or orders establishing
retirement prior to actual date of
retirement as stipulated in DD Form 214
or DD Form 215.
(iv) Approved resignation
memorandum or transition orders
establishing a separation date prior to
actual date of separation as stipulated in
DD Form 214 or DD Form 215.
(v) Signed documentation or affidavit
from knowledgeable officials from the
individual’s chain of command.
(4) Establish claim and appellate
procedures, websites, points of contact
for assistance or other outreach
mechanisms to inform and expedite
claims. Publish information on use of
Board for Correction of Military/Naval
Records.
(5) Claim is submitted and
adjudicated by the Service, then sent
forward to the Defense Finance and
Accounting Service (DFAS) for
payment. Upon arrival DFAS will route
claim to Debt Claims Management who
will process the claim. Payments are
then routed through Dispersing and
then to Standards and Compliance.
Then Dispersing will make payment to
the former Service member or estate.
Standards and Compliance will build
and route reports for OSD and personnel
centers.
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 279.5
Recordkeeping.
The Military Departments will
maintain a by-name accounting of
claims that will allow aggregate
summaries to depict:
(a) The number of claims filed.
(b) The number of claims approved.
(c) The number of claims denied and
the reasons why (especially with regard
to subparagraph (h) of section 310 of
Pub. L. 111–32).
(d) The number of appeals.
(e) The number of claims pending and
the reasons why.
(f) The amount of funding that has
been obligated, to include mean and
median payments provided per
claimant, the number of claims and
payments made in accordance with
section 2771 of title 10, United States
Code for deceased claimants.
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(g) The mean and median processing
times from receipt of claim to payment.
§ 279.6
Reporting.
The Department of Defense shall
provide a consolidated report to the
congressional defense committees on
the implementation of section 310 of
Public Law 111–32. As such, the Under
Secretary of Defense for Personnel and
Readiness, in coordination with the
Under Secretary of Defense
(Comptroller), will establish data
formats and narrative requirements for a
cumulative quarterly report beginning
January 21, 2010, to monitor the
program and the remaining balance of
funding appropriated for this purpose.
Dated: April 12, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2010–8739 Filed 4–15–10; 8:45 am]
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Dr. Madeleine McNamara, U.S.
Coast Guard, District Eight Waterways
Management Coordinator; telephone
504–671–2103,
madeleine.w.mcnamara@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
33 CFR Part 147
On August 24, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; BW PIONEER at
Walker Ridge 249, Outer Continental
Shelf FPSO, Gulf of Mexico in the
Federal Register (74 FR 42612). We
received no comments on the proposed
rule. No public meeting was requested
and none was held.
[Docket No. USCG–2009–0571]
Basis and Purpose
RIN 1625–AA00
The Coast Guard is establishing a
safety zone of 500 meters around the
stern of the FPSO when it is moored to
the turret buoy. If the FPSO detaches
from the turret buoy, the safety zone of
500 meters is measured from the center
point at 26°41′46.25″ N and
090°30′30.16″ W. This action is based
on a thorough and comprehensive
examination of the criteria established
by the Eighth District, IMO guidelines,
and existing regulations. The FPSO can
swing in a 360 degree arc around the
center point. The safety zone will
reduce significantly the threat of
allisions, oil spills, and releases of
natural gas and increase the safety of
life, property, and the environment in
the Gulf of Mexico by prohibiting entry
into the zone unless specifically
authorized by the Commander, Eighth
Coast Guard District.
The safety zone established by this
regulation is in the deepwater area of
the Gulf of Mexico in Walker Ridge 249
with a center point at 26°41′46.25″ N
and 090°30′30.16″ W. For the purpose of
this regulation, the deepwater area is
considered to be waters of 304.8 meters
(1,000 feet) or greater depth extending to
the limits of the Exclusive Economic
Zone (EEZ) contiguous to the territorial
sea of the United States and extending
to a distance up to 200 nautical miles
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zone; BW PIONEER at Walker
Ridge 249, Outer Continental Shelf
FPSO, Gulf of Mexico
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone around the
BW PIONEER, a Floating Production,
Storage and Offloading (FPSO) system,
at Walker Ridge 249 in the Outer
Continental Shelf. The purpose of the
safety zone is to protect the FPSO from
vessels operating outside the normal
shipping channels and fairways. Placing
a safety zone around the FPSO
significantly reduces the threat of
allisions, oil spills, and releases of
natural gas, and thereby protects the
safety of life, property, and the
environment.
DATES:
This rule is effective May 17,
2010.
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0571 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0571 in the ‘‘Keyword’’ box, and
ADDRESSES:
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]]>Agencies
[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Rules and Regulations]
[Pages 19878-19880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 279
[Docket ID DOD-2009-OS-0141; RIN 0790-AI59]
Retroactive Stop Loss Special Pay Compensation
AGENCY: Office of the Under Secretary of Defense for Personnel and
Readiness, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for Retroactive Stop Loss Special Pay as
authorized and appropriated in The Supplemental Appropriations Act,
2009. This program is of short duration, from October 21, 2009, to
October 21, 2010. The last day for submission of claims to the
Secretaries of the Military Departments for Retroactive Stop Loss
Special Pay is October 21, 2010. The Secretaries concerned are not
authorized to make payments on claims submitted after October 21, 2010.
DATES: This rule is effective October 21, 2009, to comply with section
310 of Public Law 111-32 that calls for the Secretary of Defense to
issue a rule not later than 120 days from the date of enactment of the
Act. The change of eligibility for Retroactive Stop Loss Special Pay is
effective on December 19, 2009, the enactment date of the 2010
Department of Defense Appropriations Act.
FOR FURTHER INFORMATION CONTACT: LTC Brigitte Williams, (703) 614-3973.
SUPPLEMENTARY INFORMATION: This action provides for Retroactive Stop
Loss Special Pay as authorized and appropriated in The Supplemental
Appropriations Act, 2009 (Section 310 of Pub. L. 111-32) and as
described in this rule.
An interim final rule was published October 23, 2009, with an
effective date of October 21, 2009 (74 FR 54751 through 54754). No
comments were received on the interim final rule.
However, the Department of Defense Appropriations Act, 2010,
Section 8108, contains statutory provisions that modify eligibility for
Retroactive Stop Loss Pay and extend payments for Stop Loss Special Pay
to active duty Service members serving under the Stop Loss authority
through FY2010.
Under these provisions, Service members who voluntarily reenlisted
or extended their service or suspended their retirement and received a
bonus for such reenlistment or extension of service are not eligible to
receive the Retroactive Stop Loss Special Pay. The change of
eligibility for Retroactive Stop Loss Special Pay is effective on
December 19, 2009. The Secretaries of the Military Departments and
Director, DFAS, shall stop all payments on applications from the newly
ineligible applicants regardless of when received or approved. These
applications will be returned to the claimant with an explanation of
the change in law that made them ineligible. There will be no
recoupment of payments made, prior to December 19, 2009. Additionally,
DoD has determined that good cause exists for exemption from public
comment of these changes and their effective date as they are in direct
compliance with the statute.
The amount of special pay remains $500 per month. If an eligible
member dies before the payment is made, the Secretary of the Military
Department concerned shall make the payment in accordance with Section
2771 of title 10, United States Code.
A new paragraph (b) has been added to Sec. 279.2 of the final rule
to reflect the change in eligibility. A new paragraph (c) has added to
Sec. 279.3 of the final rule to reflect the payment rules when an
eligible member dies before payment can be made.
Executive Order 12866, ``Regulatory Planning and Review''
It has been certified that 32 CFR part 279 does:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities. The Supplemental Appropriations Act, 2009 appropriated
$534,400,000 to the Department of Defense, to remain available for
obligation until expended: Provided, that such funds shall be available
to the Secretaries of the military departments only to make payment of
claims specified by this law.
It has been certified that 32 CFR part 279 does not:
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
[[Page 19879]]
Congressional Review Act, 5 U.S.C. 801, et seq.
It has been certified that this rule is a major rule under the
Congressional Review Act. This rule will have an annual effect on the
economy of $100 million or more. Because of the congressionally
mandated deadline to begin the program, 5 U.S.C. 801(a)(3) does not
apply.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 279 does not contain a
Federal mandate resulting in expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified 32 CFR part 279 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
These requirements have been approved by the Office of Management and
Budget under OMB Control Number 0704-0464.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 279 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 279
Armed forces, Pay.
0
Accordingly, 32 CFR part 279 is added to read as follows:
PART 279--RETROACTIVE STOP LOSS SPECIAL PAY COMPENSATION
Sec.
279.1 Purpose.
279.2 Eligibility.
279.3 Payment.
279.4 Claims process.
279.5 Recordkeeping.
279.6 Reporting.
Authority: Sec. 310, Pub. L. 111-32, as amended.
Sec. 279.1 Purpose.
This part provides for Retroactive Stop Loss Special Pay as
authorized and appropriated in section 310 of Public Law 111-32 and as
described in this part.
Sec. 279.2 Eligibility.
(a) The Secretaries concerned shall employ the Retroactive Stop
Loss Special Pay authority and appropriated funding to compensate
Service members, including members of the Reserve components, former
and retired members under the jurisdiction of the Secretary who, at any
time during the period beginning on September 11, 2001, and ending on
September 30, 2009, served on active duty while the Service members'
enlistment or period of obligated service was extended, or whose
eligibility for retirement was suspended pursuant to any provision of
law authorizing the President to extend any period of obligated
service, or suspend eligibility for retirement, of a Service member in
time of war or of national emergency declared by Congress or the
President (commonly referred to as a ``stop loss authority'').
(b) Service members described in paragraph (a) of this section, who
voluntarily reenlisted or extended their service or suspended their
retirement and received a bonus for such reenlistment or extension of
service are not eligible to receive the Retroactive Stop Loss Special
Pay.
(c) Service members who were discharged or released from the Armed
Forces under other than honorable conditions are not permitted to
receive Retroactive Stop Loss Special Pay under section 310 of Public
Law 111-32.
Sec. 279.3 Payment.
(a) The amount of compensation shall be $500 per month for each
month or any portion of a month during the period specified above that
the member was retained on active duty as a result of application of
the Stop Loss Authority. The Military Departments are to determine and
certify who is eligible to receive the Retroactive Stop Loss Special
Pay and provide this information to the Defense Finance and Accounting
Service (DFAS) for payment. Except as noted in this section,
retroactive Stop Loss Special Pay is payable to a member under this
section in addition to any other amounts payable or paid to the member
by law or policy.
(b) Payment rules are:
(1) Service members will not receive a payment under ``The
Supplemental Appropriations Act, 2009'', section 310 of Public Law 111-
32 and ``Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009'', section 8116 of Public Law 110-329, for the
same month or portion of a month during which the member was retained
on active duty under Stop Loss Authority as outlined in the Secretary
of Defense Memorandum dated March 19, 2009, Subject: Stop Loss Special
Pay.
(2) By law, Reserve Component members retained under Stop Loss
Authority will receive Retroactive Stop Loss Special Pay only for
service on active duty. As such, Reserve Component members may have
periods before mobilization and after demobilization while under Stop
Loss Authority where no Retroactive Stop Loss Special Pay can be paid.
(3) If an eligible member dies before the payment is made, the
Secretary of the Military Department concerned shall make the payment
in accordance with section 2771 of title 10, United States Code.
(4) Retroactive Stop Loss Special Pay is subject to all applicable
taxes.
Sec. 279.4 Claims process.
(a) The last day for submission of claims to the Secretaries of the
Military Departments for Retroactive Stop Loss Special Pay is October
21, 2010. The Secretaries concerned are not authorized to make payments
on claims that are submitted after October 21, 2010.
(b) The additional period between the date of Under Secretary of
Defense for Personnel and Readiness Memorandum, Subject: Retroactive
Stop Loss Special Pay Compensation signed on September 23, 2009 and
October 21, 2009 is provided for the Military Departments to:
(1) Identify and formally notify members or former members that
official records indicate their potential eligibility for Retroactive
Stop Loss Special Pay. This notification should reflect the estimated
number of eligible months and the projected special pay amount along
with guidance about how to submit a claim. Special care should be taken
to work with family members of eligible Service members who are
deceased. These family members may not be knowledgeable of the process
and will require additional assistance after filing their claim.
(2) Make a public announcement of the Retroactive Stop Loss Special
Pay Authority highlighting the scope of the program, who qualifies for
the benefits, and how to submit a claim to a Service point of contact.
The Service contact information will be provided in all public releases
by the Office of Secretary of Defense (OSD) Public
[[Page 19880]]
Affairs Office, as well as by each of the Services Public Affairs
Offices.
(3) Establish and publish evidentiary requirements beyond those
listed in this paragraph to support an unrecorded extension under Stop
Loss Authority. Official documents may include but are not limited to:
(i) DD 214 Form, Certificate of Release or Discharge from Active
Duty and/or DD 215, Correction to DD 214.
(ii) Personnel record or enlistment or reenlistment document
recording original expiration of service date.
(iii) Approved retirement memorandum or orders establishing
retirement prior to actual date of retirement as stipulated in DD Form
214 or DD Form 215.
(iv) Approved resignation memorandum or transition orders
establishing a separation date prior to actual date of separation as
stipulated in DD Form 214 or DD Form 215.
(v) Signed documentation or affidavit from knowledgeable officials
from the individual's chain of command.
(4) Establish claim and appellate procedures, websites, points of
contact for assistance or other outreach mechanisms to inform and
expedite claims. Publish information on use of Board for Correction of
Military/Naval Records.
(5) Claim is submitted and adjudicated by the Service, then sent
forward to the Defense Finance and Accounting Service (DFAS) for
payment. Upon arrival DFAS will route claim to Debt Claims Management
who will process the claim. Payments are then routed through Dispersing
and then to Standards and Compliance. Then Dispersing will make payment
to the former Service member or estate. Standards and Compliance will
build and route reports for OSD and personnel centers.
Sec. 279.5 Recordkeeping.
The Military Departments will maintain a by-name accounting of
claims that will allow aggregate summaries to depict:
(a) The number of claims filed.
(b) The number of claims approved.
(c) The number of claims denied and the reasons why (especially
with regard to subparagraph (h) of section 310 of Pub. L. 111-32).
(d) The number of appeals.
(e) The number of claims pending and the reasons why.
(f) The amount of funding that has been obligated, to include mean
and median payments provided per claimant, the number of claims and
payments made in accordance with section 2771 of title 10, United
States Code for deceased claimants.
(g) The mean and median processing times from receipt of claim to
payment.
Sec. 279.6 Reporting.
The Department of Defense shall provide a consolidated report to
the congressional defense committees on the implementation of section
310 of Public Law 111-32. As such, the Under Secretary of Defense for
Personnel and Readiness, in coordination with the Under Secretary of
Defense (Comptroller), will establish data formats and narrative
requirements for a cumulative quarterly report beginning January 21,
2010, to monitor the program and the remaining balance of funding
appropriated for this purpose.
Dated: April 12, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-8739 Filed 4-15-10; 8:45 am]
BILLING CODE 5001-06-P
