[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR77.3]



[Page 445-446]

 

                       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 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.



[[Page 446]]



    (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.