Department of Defense INSTRUCTION NUMBER 1340.19 November 17, 1993 ASD(P&R) SUBJECT: Certification of Public and Community Service Employment of Military Retirees References: (a) Public Law 102-484, "National Defense Authorization Act for FY93," October 23, 1992 (b) Title 10, United States Code (c) DoD Instruction 7770.1, "Magnetic Tape Extracts of Retired Military Pay Records," March 6, 1987 (d) DoD 7000.14-R, "DoD Financial Management Regulation," Volume 7, Part B, November, 1992, authorized by DoD Instruction 7000.14, November 15, 1992 1. PURPOSE This Instruction establishes policy, assigns responsibilities, and prescribes procedures to certify the public and community service employment of eligible retired members under Section 4464 of reference (a). Such certified employment may be used to recompute military retired pay and, where applicable, the Survivor Benefit Plan (SBP) base amount when the retired member attains or would have attained 62 years of age. 2. APPLICABILITY AND SCOPE This Instruction applies to: 2.1. The Office of the Secretary of Defense and the Military Departments. The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, and the Marine Corps (including their National Guard and Reserve components). 2.2. Any member of the Military Services who: 2.2.1. Retires (other than for disability) under the temporary early retirement authority of Section 4403 of reference (a) before the completion of 20 years of creditable service (as computed under the applicable provision of law) (herein referred to as "retiree"). 2.2.2. Is employed by a public or community service organization listed on the registry required by Section 1143a(c) of 10 U.S.C. (reference (b)) as added by Section 4462 of Pub. L. No. 102-484 (1992) (reference (a)). 2.2.3. Is employed within the period beginning on the date of retirement and ending on the date the retired member would have attained 20 years of creditable service for computing retired pay (herein referred to as "enhanced retirement qualification period"). 3. POLICY It is DoD policy that: 3.1. A retiree shall receive military service credit, as provided by reference (a), for all qualifying periods of employment during the enhanced retirement qualification period. A qualifying period of employment shall meet the following conditions: 3.1.1. The employing organization is listed on the registry of public and community service organizations, maintained by the Department of Defense, reviewed by the Interagency Public and Community Service Working Group, and approved by the Assistant Secretary of Defense for Personnel and Readiness, as qualifying as an employer for additional military service credit. 3.1.2. The employment is full-time, as defined by the employing organization. As a guideline, full-time is defined as a minimum of 33 hours per week or 143 hours per month, including paid holidays and paid periods of leave or vacation. 3.1.3. The employee is paid. 3.2. The failure of the employing organization to have a listing on the registry of public and community service organizations before the beginning of a qualified period of employment shall not affect the computation of military service credit, if the organization has applied for a registry listing before the end of the qualifying period of employment or the end of the enhanced retirement qualification period, whichever is earlier. 3.3. For each qualifying period of employment, the amount of military service credit shall be computed by subtracting the date of the first day of employment or the first day of the enhanced retirement qualification period, whichever is later, from the date of the last day of employment or the last day of the enhanced retirement qualification period, whichever is earlier, and adding 1 day to account for inclusive dates. The arrangement below illustrates five possible date patterns when calculating military service credit. Q First and last day of enhanced retirement qualification period. E First and last day of employment. X Dates used to calculate military service credit. Pattern 1: - - - - - - - Q - - - - E - - - - - - - - E - - - - Q - - - - - - - - - - - - - - - - - - - - X - - - - - - - - X - - - - - - - - - - - - - Pattern 2: - - - - - - - Q - - - - E - - - - - - - - - - - - - Q - - - - E - - - - - - - - - - - - - - - X - - - - - - - - - - - - - X - - - - - - - - Pattern 3: - - E - - - - Q - - - - - - - - - - - - - E - - - - Q - - - - - - - - - - - - - - - X - - - - - - - - - - - - - X - - - - - - - - - - - - - Pattern 4: - - E - - - - Q - - - - - - - - - - - - - - - - - - Q - - - - E - - - - - - - - - - X - - - - - - - - - - - - - - - - - - X - - - - - - - - Pattern 5: - - - - - - - - Q - - - E - - - - E - - - - E - - - Q - - - - E - - - - - - - - - - - - - - - X - - - - X - - - - X - - - X - - - - - - - 3.4. Periods of employment that occur before or after the enhanced retirement qualification period shall not be credited. 3.5. The calculated amount of military service credit for a creditable period of employment shall be reduced by the length of any overlapping period of active duty service. 3.6. Periods of creditable employment may not overlap. A retiree who is simultaneously employed in two jobs that both meet the conditions of employment specified in subsection 3.1., above, shall not receive double military service credit. 4. RESPONSIBILITIES 4.1. The Assistant Secretary of Defense for Personnel and Readiness shall: 4.1.1. Establish policy and provide guidance on the reporting and certification of public and community service employment of eligible retirees. 4.1.2. Ensure that the Director, Defense Manpower Data Center (DMDC), establishes procedures for the receipt, certification, and auditing of information about public and community service employment and provides certified employment data to the Defense Finance and Accounting Service (DFAS). 4.1.3. Establish, in coordination with other Federal Agencies, a registry of public and community service organizations. 4.2. The Comptroller of the Department of Defense shall ensure that the Director, DFAS, establishes procedures to maintain and report certified employment data and to recompute military retired pay and the SBP base amount. 4.3. The Secretaries of the Military Departments shall ensure that the Military Services provide retirement processing, including instruction and informational materials on the certification of public or community service employment. 5. PROCEDURES 5.1. During retirement processing, the Military Services shall provide each retiree a copy of DD Form 2676, "Validation of Public or Community Service Employment," (enclosure 1) and explain the reporting requirements and procedures for enhanced retirement credit as described in this Instruction. 5.2. Initial data reporting requirements. 5.2.1. The Military Services shall provide to the DFAS the enhanced retirement qualification period beginning date (i.e., the date of retirement) and the creditable service for computing retired pay amount in years, months, and days for all retirees. 5.2.2. The DFAS shall compute the enhanced retirement qualification period ending date. 5.2.3. The DFAS shall uniquely identify these retirees and provide enhanced retirement qualification period beginning and ending dates and the creditable service for computing retired pay amount in years, months, and days to the DMDC on the retired pay master file records submitted under DoD Instruction 7770.1 (reference (c)). 5.2.4. The DFAS shall report enhanced retirement qualification period beginning and ending dates with the first statement of account provided to the retiree. 5.3. Reporting of qualifying periods of employment. 5.3.1. A retiree who becomes employed under the conditions specified in subsection 3.1., above, shall obtain certification of employment from the employing organization and submit a completed DD Form 2676 as follows: 5.3.1.1. At the beginning of a qualifying period of employment, unless the expected period of employment is less than 3 months. 5.3.1.2. At the end of a qualifying period of employment or the end of the enhanced retirement qualification period, whichever comes first. 5.3.1.3. Annually during a qualifying period of employment on the anniversary of the date of retirement, unless this date is within 3 months of either of the dates defined by subparagraphs 5.3.1.l. and 5.3.1.2., above. 5.3.2. In the event of the physical or mental incapacitation or death of the retiree, the completed DD Form 2676 may be submitted by anyone acting on behalf of the retiree. 5.3.3. All reporting shall be completed by the retiree within 1 year of the end of the enhanced retirement qualification period. 5.4. The DMDC shall receive and process the completed DD Form 2676, make a certification determination, and compute the amount of military service credit. If certification is denied, then the DMDC shall provide the retiree with a statement indicating the reasons for denial. 5.5. At the request of the DMDC, the Military Services shall provide the DMDC with the dates of any retiree's post-retirement periods of active duty service. 5.6. The DMDC shall provide the retiree with a summary statement of certified employment within 2 months of the receipt of a completed DD Form 2676. 5.7. One year after the end of the enhanced retirement qualification period, the DMDC shall provide the DFAS with an automated record reporting the amount of military service credit earned by the retiree through creditable employment. Records shall be combined and submitted monthly via magnetic tape cartridge or electronic data transfer. 5.8. When the retiree attains or would have attained 62 years of age, the DFAS will recompute military retired pay and, where applicable, the SBP base amount consistent with the procedures in DoD 7000.14-R, Volume 7, Part B (reference (d)). 6. INFORMATION REQUIREMENTS The reporting requirements contained in this Instruction have been assigned Report Control Symbol DD-FM&P(AR)1925 and OMB Control Number 0704-0357. 7. EFFECTIVE DATE AND IMPLEMENTATION This Instruction is effective immediately. The Military Departments shall forward two copies of implementing documents to the Assistant Secretary of Defense for Personnel and Readiness within 120 days. Enclosures - 1 E1. DD Form 2676, "Validation of Public or Community Service Employment" E1. ENCLOSURE 1 DD Form 2676, "Validation of Public or Community Service Employment"