II 111th CONGRESS 1st Session S. 794 IN THE SENATE OF THE UNITED STATES April 2, 2009 Mr. Brown 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 modify certain retirement pay and grade authorities for service performed after eligibility for retirement, and for other purposes.

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; requirements

Subsection (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)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— (A)the person satisfies the requirements specified in paragraphs (1) and (2) of section 12731(a) of this title for entitlement to retired pay under this chapter; (B)the person 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); (C)the person completed not less than two years of service in such active status (excluding any period of active service); and (D)the service of the person in such active status is determined by the Secretary concerned to have been satisfactory. (2)The Secretary concerned may reduce the 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 two 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 election

Subsection (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 retirement

Subsection (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)

Repeal of restriction on election To receive reserve retired pay

Section 12731(a) of such title is amended— (1)by inserting and at the end of paragraph (2); (2)by striking ; and at the end of paragraph (3) and inserting a period; and (3)by striking paragraph (4). (e)

Clerical amendments

(1)

Section heading

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)

Table of sections

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. . (f)

Retroactive applicability

The 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

Section 10145 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 under subsection (d) in the Selected Reserve of the Ready Reserve and completes not less than two years of service in such active status, the member is entitled to— (A)the recomputation of the retired pay of the member determined under section 12739 of this title; and (B)in the case of a commissioned officer, an adjustment in the retired grade of the member in the manner provided in section 1370 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. . (b)

Retroactive applicability

The amendment made by this section shall take effect as of January 1, 2008.