110 HR 1428 IH: National Guard and Reserve Retirement U.S. House of Representatives 2007-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1428 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.

1.

Short title

This Act may be cited as the National Guard and Reserve Retirement Modernization Act.

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.