I 

113TH CONGRESS 

2D SESSION H. R. 5009 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Separation 

5 Pay Fairness Act of 2014’’. 


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1 SEC. 2. FULL SEPARATION PAY FOR FORMER MEMBERS OF 

2 THE ARMED FORCES WHO WERE SEPARATED 

3 UNDER FORMER DON’T ASK, DON’T TELL POL4 ICY. 

5 (a) IDENTIFICATION OF AFFECTED MEMBERS.—Not 

6 later than 60 days after the date of the enactment of this 

7 Act, the Secretary of Defense shall— 

8 (1) identify each former member of the Armed 

9 Forces who was separated from the Armed Forces 

10 for violation of the policy expressed in subsection (b) 

11 of section 654 of title 10, United States Code, as in 

12 effect before the effective date of the Don’t Ask, 

13 Don’t Tell Repeal Act of 2010 (Public Law 111– 

14 321; 124 Stat. 3516); and 

15 (2) determine, for each member so identified, 

16 whether the member was paid the full amount of the 

17 separation pay to which the member should have 

18 been entitled under section 1174 of such title or was 

19 paid a reduced amount of separation pay because of 

20 homosexuality, pursuant to paragraph 3.2.3.1.4 of 

21 Department of Defense Instruction No. 1332.29, as 

22 in effect at the time of the separation of the mem23 ber. 

24 (b) PAYMENT OF FULL AMOUNT.—Not later than 30 

25 days after the date on which the Secretary of Defense 

26 makes a determination under subsection (a)(2) that a 


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1 former member of the Armed Forces was not paid the full 

2 amount of the separation pay to which the member should 

3 have been entitled under section 1174 of title 10, United 

4 States Code, the Secretary shall pay to the member (or 

5 to the estate of the member if the member is deceased) 

6 an amount equal to— 

7 (1) the amount of the difference between the 

8 full amount of the separation pay that the member 

9 should have been paid under such section and the 

10 amount of separation pay actually paid to the mem11 ber; and 

12 (2) interest on the amount determined under 

13 paragraph (1) as provided in section 1035(b) of such 

14 title. 

15 (c) EXCLUSION OF CERTAIN MEMBERS.—Former 

16 members of the Armed Forces who joined the class-action 

17 settlement in Collins v. United States (Case No. 10–778c) 

18 are not entitled to additional payment under subsection 

19 (b)(1), but are entitled to interest as provided by sub20 section (b)(2). 

21 (d) SOURCE OF FUNDS FOR PAYMENTS.—The Sec22 retary of Defense shall make the payments required by 

23 subsection (b) using amounts appropriated for the payVerDate Mar 15 2010 05:57 Jul 03, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5009.IH H5009

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1 ment of separation pay to members of the Armed Forces 

2 under section 1174 of title 10, United States Code. 

Æ 


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