8 year rule ?

Buddha01

New Member
Registered Member
Anyone know if PHS follows the "8 years of active duty" rule for determining medical retirement vs. separation pay ?
I looked through PHS regs and can't find mention of the 8 year rule.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Anyone know if PHS follows the "8 years of active duty" rule for determining medical retirement vs. separation pay ?
I looked through PHS regs and can't find mention of the 8 year rule.

The eight year rule does not really have anything to do with medical retirement or separation pay, it pertains to whether or not a condition that existed prior to service is compensable.

Eight-Year Rule
By law, a Soldier with over eight years of active Federal service is eligible for disability compensation even if the condition is EPTS. The eight years of active service do not have to be continuous; however, you must be on active-duty orders of more than 30 days for this rule to apply.

Here are the regulations that I was able to find regarding USPHS medical retirement. On thing it does state is that the statutory authority is Title l0, U.S. Code, Chapter 6l, and Section 22l(a)(2) of the PHS Act

http://ccmis.usphs.gov/eccis/documents/CCPM23_8_6.pdf

Because of this, I feel that within the USPHS, the eight year rule would be applied identically to all branches of armed services.
 
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