[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2152 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2152

   To amend title 10, United States Code, to provide eligibility for 
reduced non-regular service military retired pay before age 60, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2004

Mr. Miller (for himself, Mr. Chambliss, and Mr. DeWine) 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 provide eligibility for 
reduced non-regular service military retired pay before age 60, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guard and Reserve Retirement 
Retainer Act of 2004''.

SEC. 2. ELIGIBILITY FOR REDUCED NON-REGULAR SERVICE RETIRED PAY BEFORE 
              AGE 60.

    (a) Eligibility Beginning at Age 55.--Section 12731(a)(1) of title 
10, United States Code, is amended by striking ``60 years of age'' and 
inserting ``55 years of age''.
    (b) Reduced Retired Pay When Commenced Before Age 60.--Section 
12739 of such title is amended--
            (1) in subsection (a), by inserting ``, subject to 
        subsection (d),'' after ``this chapter is'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) In the case of a person to whom payment of retired pay under 
this chapter commences after the person attains 55 years of age and 
before the person attains 60 years of age, the total amount of the 
monthly retired pay computed under subsections (a), (b), and (c) shall 
be reduced by the percentage specified for the age of the person when 
payment of the retired pay commences, as follows:

``Age (in years) when payment of    Percentage by which retired pay is 
        retired pay commences:                           to be reduced:
    55......................................................      12.5 
    56......................................................       9.0 
    57......................................................       6.0 
    58......................................................       3.5 
    59......................................................    1.5.''.

SEC. 3. CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY OF NON-
              REGULAR SERVICE RETIREES FOR HEALTH CARE.

    Section 1074(b) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Paragraph (1) does not apply to a member or former member 
entitled to retired pay for non-regular service under chapter 1223 of 
this title who is under 60 years of age.''.

SEC. 4. EFFECTIVE DATE AND APPLICABILITY.

    This Act and the amendments made by this Act shall take effect on 
the first day of the first month that begins more than 180 days after 
the date of the enactment of this Act.
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