Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Military Retired Pay Fairness Act of
2009''.

SEC. 2. LIMITATIONS ON RECOUPMENT OF SEPARATION PAY, SPECIAL SEPARATION
BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE FROM MEMBERS
SUBSEQUENTLY RECEIVING RETIRED OR RETAINER PAY.

(a) Separation Pay and Special Separation Benefits.--Section
1174(h)(1) of title 10, United States Code, is amended--
(1) by inserting ''(A)'' after ''(1)'';
(2) in subparagraph (A), as so designated, by striking ''so
much of such pay as is based on the service for which he
received separation pay under this section or separation pay,
severance pay, or readjustment pay under any other provision of
law'' and inserting ''an amount, in such schedule of monthly
installments as the Secretary of Defense shall specify taking
into account the financial ability of the member to pay and
avoiding the imposition of undue financial hardship on the
member and member's dependents,''; and
(3) by adding at the end the following new subparagraphs:
''(B) The amount deducted under subparagraph (A) from a payment of
retired or retainer pay may not exceed 25 percent of the amount of the
member's retired or retainer pay for that month unless the member
requests or consents to deductions at an accelerated rate. The
Secretary of Defense shall consult with the member regarding the
repayment rate to be imposed, taking into account the financial ability
of the member to pay and avoiding the imposition of an undue hardship
on the member and the member's dependents.
''(C) The deduction of amounts from the retired or retainer pay of
a member under this paragraph may not commence until the date that is
90 days after the date on which the Secretary of Defense notifies the
member of the deduction of such amounts under this paragraph. Any
notice under this subparagraph shall be designed to provide clear and
comprehensive information on the deduction of amounts under this
paragraph, including information on the determination of the amount and
period of installments under this paragraph.
''(D) The Secretary of Defense may waive the deduction of amounts
from the retired or retainer pay of a member under this paragraph if
the Secretary determines that deduction of such amounts would result in
a financial hardship for the member.''.
(b) Voluntary Separation Incentive.--Section 1175(e)(3) of such
title is amended--
(1) in subparagraph (A), by striking ''so much of such pay
as is based on the service for which he received the voluntary
separation incentive'' and inserting ''an amount, in such
schedule of monthly installments as the Secretary of Defense or
the Secretary of Homeland Security, as applicable, shall
specify taking into account the financial ability of the member
to pay and avoiding the imposition of undue financial hardship
on the member and member's dependents,'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
''(B) The amount deducted under subparagraph (A) from a payment of
retired or retainer pay may not exceed 25 percent of the amount of the
member's retired or retainer pay for that month unless the member
requests or consents to deductions at an accelerated rate. The
Secretary of Defense or the Secretary of Homeland Security, as
applicable, shall consult with the member regarding the repayment rate
to be imposed, taking into account the financial ability of the member
to pay and avoiding the imposition of an undue hardship on the member
and the member's dependents.''; and
(4) by adding at the end the following new subparagraphs:
''(D) The deduction of amounts from the retired or retainer pay of
a member under this paragraph may not commence until the date that is
90 days after the date on which the Secretary of Defense or the
Secretary of Homeland Security, as applicable, notifies the member of
the deduction of such amounts under this paragraph. Any notice under
this subparagraph shall be designed to provide clear and comprehensive
information on the deduction of amounts under this paragraph, including
information on the determination of the amount and period of
installments under this paragraph.
''(E) The Secretary of Defense or the Secretary of Homeland
Security, as applicable, may waive the deduction of amounts from the
retired or retainer pay of a member under this paragraph if the
Secretary determines that deduction of such amounts would result in a
financial hardship for the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning on or after the
date of the enactment of this Act and apply to deductions made from the
retired or retainer pay of members of the uniformed services for that
month and subsequent months.
Solution:
Military Retired Pay Fairness Act of 2009 - Provides limitations on the recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces subsequently receiving military retired or retainer pay. Authorizes the Secretary of Defense or Homeland Security, as applicable, to waive such recoupments in cases of financial hardship.