S.Amdt. 1409

1. Adds SEC. 642. COMMENCEMENT OF RECEIPT OF NONREGULAR SERVICE RETIRED PAY BY RESERVES WHO SERVED ON ACTIVE DUTY FOR SIGNIFICANT PERIODS DURING THE GLOBAL WAR ON TERRORISM at the end of subtitle D of title VI

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   (8) Effective date.--This subsection and the amendments made by this subsection shall take effect on October 1, 2005, immediately after the termination of the amendments made to sections 1967, 1969, 1970, and 1977 of title 38, United States Code, by the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13).

   Inserted: SEC. 642. COMMENCEMENT OF RECEIPT OF NONREGULAR SERVICE RETIRED PAY BY RESERVES WHO SERVED ON ACTIVE DUTY FOR SIGNIFICANT PERIODS DURING THE GLOBAL WAR ON TERRORISM.

   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, as a member of a reserve component of an armed force, served on active duty during a global war on terrorism service year under a provision of law referred to in section 101(a)(13)(B) of this title, the eligibility age for the purposes of subsection (a)(1) is reduced below 60 years of age by one year for each global war on terrorism service year during which such person so served on active duty for at least 90 consecutive days, subject to subparagraph (B).

   Inserted: "(B) The eligibility age may not be reduced below 55 years of age for any person under subparagraph (A).

   Inserted: "(C) In this paragraph, the term 'global war on terrorism service year' means--

   Inserted: "(i) the one-year period beginning on November 16, 2001, and ending on November 15, 2002; and

   Inserted: "(ii) each successive one-year period beginning on November 16 of a year.

   Inserted: (b) 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.

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   Inserted: (c) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of November 16, 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 D of title VI, add the following:

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As printed