[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1428 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1428

 To amend title 10, United States Code, to reduce the eligibility age 
for receipt of non-regular military service retired pay for members of 
   the Ready Reserve in active federal status or on active duty for 
                          significant periods.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2007

 Mr. Latham (for himself, Mr. Bishop of Georgia, Mr. Moran of Kansas, 
Mr. Wilson of South Carolina, and Mr. Taylor) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to reduce the eligibility age 
for receipt of non-regular military service retired pay for members of 
   the Ready Reserve in active federal status or on active duty for 
                          significant periods.

    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 ``National Guard and Reserve 
Retirement Modernization Act''.

SEC. 2. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY 
              MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR 
              ACTIVE DUTY FOR SIGNIFICANT PERIODS.

    (a) Reduced Eligibility Age.--Section 12731 of title 10, United 
States Code, is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) has attained the eligibility age applicable under 
        subsection (f) to that person;''; and
            (2) by adding at the end the following new subsection:
    ``(f)(1) Subject to paragraph (2), the eligibility age for purposes 
of subsection (a)(1) is 60 years of age.
    ``(2)(A) In the case of a person who as a member of the Ready 
Reserve serves on active duty or performs active service described in 
subparagraph (B) after September 11, 2001, the eligibility age for 
purposes of subsection (a)(1) shall be reduced below 60 years of age by 
three months for each aggregate of 90 days on which such person so 
performs in any fiscal year after such date, subject to subparagraph 
(C). A day of duty may be included in only one aggregate of 90 days for 
purposes of this subparagraph.
    ``(B)(i) Service on active duty described in this subparagraph is 
service on active duty pursuant to a call or order to active duty under 
a provision of law referred to in section 101(a)(13)(B) or under 
section 12301(d) of this title. Such service does not include service 
on active duty pursuant to a call or order to active duty under section 
12310 of this title.
    ``(ii) Active service described in this subparagraph is also 
service under a call to active service authorized by the President or 
the Secretary of Defense under section 502(f) of title 32 for purposes 
of responding to a national emergency declared by the President or 
supported by Federal funds.
    ``(C) The eligibility age for purposes of subsection (a)(1) may not 
be reduced below 50 years of age for any person under subparagraph 
(A).''.
    (b) Continuation of Age 60 as Minimum Age for Eligibility of Non-
Regular Service Retirees for Health Care.--Section 1074(b) of such 
title 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.''.
    (c) Administration of Related Provisions of Law or Policy.--With 
respect to any provision of law, or of any policy, regulation, or 
directive of the executive branch that refers to a member or former 
member of the uniformed services as being eligible for, or entitled to, 
retired pay under chapter 1223 of title 10, United States Code, but for 
the fact that the member or former member is under 60 years of age, 
such provision shall be carried out with respect to that member or 
former member by substituting for the reference to being 60 years of 
age a reference to having attained the eligibility age applicable under 
subsection (f) of section 12731 of title 10, United States Code (as 
added by subsection (a)), to such member or former member for 
qualification for such retired pay under subsection (a) of such 
section.
    (d) Effective Date and Applicability.--The amendment made by 
subsection (a) shall take effect as of September 11, 2001, and shall 
apply with respect to applications for retired pay that are submitted 
under section 12731(a) of title 10, United States Code, on or after the 
date of the enactment of this Act.
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