1.Election to receive retired
pay for non-regular service upon retirement for service in an active reserve
status performed after attaining eligibility for regular retirement
(a)Election
authority; requirementsSubsection (a) of section 12741 of title
10, United States Code, is amended to read as follows:
(a)Authority To
elect To receive reserve retired pay(1)Notwithstanding the requirement in
paragraph (4) of section 12731(a) of this title that a person may not receive
retired pay under this chapter when the person is entitled, under any other
provision of law, to retired pay or retainer pay, a person may elect to receive
retired pay under this chapter, instead of receiving retired or retainer pay
under chapter 65, 367, 571, or 867 of this title, if the person—
(A)satisfies the requirements specified in
paragraphs (1) and (2) of such section for entitlement to retired pay under
this chapter;
(B)served in an active status in the Selected
Reserve of the Ready Reserve after becoming eligible for retirement under
chapter 65, 367, 571, or 867 of this title (without regard to whether the
person actually retired or received retired or retainer pay under one of those
chapters); and
(C)completed not less than two years of
satisfactory service (as determined by the Secretary concerned) in such active
status (excluding any period of active service).
(2)The Secretary concerned may reduce the
minimum two-year service requirement specified in paragraph (1)(C) in the case
of a person who—
(A)completed at least six months of service in
a position of adjutant general required under section 314 of title 32 or in a
position of assistant adjutant general subordinate to such a position of
adjutant general; and
(B)failed to complete the minimum years
of service solely because the appointment of the person to such position was
terminated or vacated as described in section 324(b) of title
32.
.
(b)Actions To
effectuate electionSubsection (b) of such section is amended by
striking paragraph (1) and inserting the following new paragraph:
(1)terminate the eligibility of the person to
retire under chapter 65, 367, 571, or 867 of this title, if the person is not
already retired under one of those chapters, and terminate entitlement of the
person to retired or retainer pay under one of those chapters, if the person
was already receiving retired or retainer pay under one of those chapters;
and
.
(c)Conforming
amendment To reflect new variable age requirement for
retirementSubsection (d) of such section is amended—
(1)in paragraph (1),
by striking attains 60 years of age
and inserting attains
the eligibility age applicable to the person under section 12731(f) of this
title
; and
(2)in
paragraph (2)(A), by striking attains 60 years of age
and
inserting attains the eligibility age applicable to the person under
such section
.
(d)
(1)The heading for
section 12741 of such title is amended to read as follows:
12741.Retirement
for service in an active status performed in the Selected Reserve of the Ready
Reserve after eligibility for regular
retirement
.
(2)The table of sections at the beginning of chapter 1223
of such title is amended by striking the item relating to section 12741 and
inserting the following new item:
12741. Retirement for service in an active
status performed in the Selected Reserve of the Ready Reserve after eligibility
for regular
retirement.
.
(e)Retroactive
applicabilityThe amendments made by this section shall take
effect as of January 1, 2008.
2.Recomputation of
retired pay and adjustment of retired grade of Reserve retirees to reflect
service after retirement
(a)Recomputation of
retired paySection 12739 of
title 10, United States Code, is amended by adding at the end the following new
subsection:
(e)(1)If a member of the Retired Reserve is
recalled to an active status in the Selected Reserve of the Ready Reserve under
section 10145(d) of this title and completes not less than two years of service
in such active status, the member is entitled to the recomputation under this
section of the retired pay of the member.
(2)The Secretary concerned may reduce the
two-year service requirement specified in paragraph (1) in the case of a member
who—
(A)is recalled to serve in a position of
adjutant general required under section 314 of title 32 or in a position of
assistant adjutant general subordinate to such a position of adjutant
general;
(B)completes at least six months of
service in such position; and
(C)fails to complete the minimum two
years of service solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of title
32.
.
(b)Adjustment of
retired gradeSection 12771
of such title is amended—
(1)by striking
Unless
and inserting (a)
Grade on
transfer.—Unless
; and
(2)by adding at the
end the following new subsection:
(b)Effect of
subsequent recall to active status(1)If a member of the Retired Reserve who is a
commissioned officer is recalled to an active status in the Selected Reserve of
the Ready Reserve under section 10145(d) of this title and completes not less
than two years of service in such active status, the member is entitled to an
adjustment in the retired grade of the member in the manner provided in section
1370(d) of this title.
(2)The Secretary concerned may reduce the
two-year service requirement specified in paragraph (1) in the case of a member
who—
(A)is recalled to serve in a position of
adjutant general required under section 314 of title 32 or in a position of
assistant adjutant general subordinate to such a position of adjutant
general;
(B)completes at least six months of
service in such position; and
(C)fails to complete the minimum two
years of service solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of title
32.
.
(c)Retroactive
applicabilityThe amendments made by this section shall take
effect as of January 1, 2008.