[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR77.3]

[Page 382-383]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 77--PROGRAM TO ENCOURAGE PUBLIC AND COMMUNITY SERVICE--Table of Contents
 
Sec. 77.3  Definitions.

    (a) Community service employment. Work in nonprofit organizations 
that provide or coordinate services listed in paragraphs (d) (1) through 
(12) of this section. ``Nonprofit'' is defined as having been recognized 
by the Internal Revenue Service as having a tax-exempt status under 26 
U.S.C. 501 (c)(3) or (c)(4). These organizations shall not be 
administered by businesses organized

[[Page 383]]

for profit, labor unions, partisan political organizations, or 
organizations engaged in religious activities, unless such activities 
are unrelated to religious instructions, worship services, or any form 
of proselytization.
    (b) Creditable early retirement public or community service 
employment for service members. Employment in a DoD-registered public 
and community service organization that provides the services listed in 
paragraphs (d) (1) through (12) of this section, or that coordinates the 
provision of the services listed in paragraphs (d) (1) through (12) of 
this section. Federal employment shall count toward recomputed military 
retirement pay and Survivor Benefit Plan base amount for early retirees: 
however, working in a DoD-registered Federal public service organization 
may trigger the dual-compensation restrictions of 5 U.S.C. 5532. 
Employment must have occurred between that date of early retirement and 
the date in which the Service member would have attained 20 years of 
credible service for computing retired pay, or he or she must have 
retired on or after October 23, 1992 and before October 1, 1999.
    (c) Early retirement. Retirement from active duty with at least 15 
but fewer than 20 years of service, as provided by Pub. L. 102-484, 
Section 4403.
    (d) Public and community service organization. Government or private 
organizations that provide or coordinate the provision of the following 
services.
    (1) Elementary, secondary, or post secondary school teaching or 
administration.
    (2) Support of teachers or school administrators.
    (3) Law enforcement.
    (4) Public health care.
    (5) Social services.
    (6) Public safety.
    (7) Emergency relief.
    (8) Public housing.
    (9) Conservation.
    (10) Environment.
    (11) Job training.
    (12) Other public and community service not listed previously, but 
consistent with or related to services described in paragraphs(d)(1) 
through (11) of this section.
    (e) Public service employment. Work in a Federal, state or local 
government organization which provides or coordinates services listed in 
paragraphs (d)(1) through (12) of this section.
    (f) Separation. Normal separation from activity duty or civil 
service, military retirement with 20 or more year's service, release 
from active military service, and reduction in force.
    (g) Transition assistance program counselor. A person charged with 
the responsibility of conducting transition programs. Examples include 
personnel assigned to family centers, military or civilian personnel 
offices, unit transition counselors, and as command career counselors.