S.Amdt. 1373

1. Adds SEC. 538. 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 at the end of subtitle C of title V

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   (3) any recommendations for legislative or administrative action that the Secretary considers appropriate in light of the pilot program.

   Inserted: SEC. 538. 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.

   Inserted: (a) Reduced Eligibility Age.--Section 12731 of title 10, United States Code, is amended--

   Inserted: (1) in subsection (a), by striking paragraph (1) and inserting the following:

   Inserted: "(1) has attained the eligibility age applicable under subsection (f) to that person;"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(f)(1) Subject to paragraph (2), the eligibility age for the purposes of subsection (a)(1) is 60 years of age.

   Inserted: "(2)(A) In the case of a person who serves on active service (other than for training) for a period of 179 or more consecutive days commencing on or after September 11, 2001, the eligibility age for the purposes of subsection (a)(1) shall be reduced below 60 years of age by one year for each period of 179 consecutive days on which such person so performs, subject to subparagraph (B). A day of duty may be included in only one period of duty for purposes of this paragraph.

   Inserted: "(B) The eligibility age may not be reduced below 50 years of age for any person under subparagraph (A).".

   Inserted: (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--

   Inserted: (1) by inserting "(1)" after "(b)"; and

   Inserted: (2) by adding at the end the following new paragraph:

   Inserted: "(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.".

   Show 2 more inserted paragraphsShow less

   Inserted: (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.

   Inserted: (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.

   Original wording

   At the end of subtitle C of title V, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed