[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1859 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1859

 To amend title 10, United States Code, to revise the age and service 
  requirements for eligibility to receive retired pay for non-regular 
                                service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 14 (legislative day, November 12), 2003

  Mr. Durbin introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to revise the age and service 
  requirements for eligibility to receive retired pay for non-regular 
                                service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

    (a) Age and Service Requirements.--Subsection (a) of section 12731 
of title 10, United States Code, is amended to read as follows:
    ``(a)(1) Except as provided in subsection (c), a person is 
entitled, upon application, to retired pay computed under section 12739 
of this title, if the person--
            ``(A) satisfies one of the combinations of requirements for 
        minimum age and minimum number of years of service (computed 
        under section 12732 of this title) that are specified in the 
        table in paragraph (2);
            ``(B) performed the last six years of qualifying service 
        while a member of any category named in section 12732(a)(1) of 
        this title, but not while a member of a regular component, the 
        Fleet Reserve, or the Fleet Marine Corps Reserve, except that 
        in the case of a person who completed 20 years of service 
        computed under section 12732 of this title before October 5, 
        1994, the number of years of qualifying service under this 
        subparagraph shall be eight; and
            ``(C) is not entitled, under any other provision of law, to 
        retired pay from an armed force or retainer pay as a member of 
        the Fleet Reserve or the Fleet Marine Corps Reserve.
    ``(2) The combinations of minimum age and minimum years of service 
required of a person under subparagraph (A) of paragraph (1) for 
entitlement to retired pay as provided in such paragraph are as 
follows:

``Age, in years, is                        The minimum years of service
  at least:                                   required for that age is:
    55......................................................        25 
    56......................................................        24 
    57......................................................        23 
    58......................................................        22 
    59......................................................        21 
    60......................................................     20.''.
    (b) 20-Year Letter.--Subsection (d) of such section is amended by 
striking ``the years of service required for eligibility for retired 
pay under this chapter'' in the first sentence and inserting ``20 years 
of service computed under section 12732 of this title.''.
    (c) Effective Date.--This section and the amendments made by this 
subsection (a) shall take effect on the first day of the first month 
beginning on or after the date of the enactment of this Act and shall 
apply with respect to retired pay payable for that month and subsequent 
months.
                                 <all>