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.

SA 2433. Mr. CHAMBLISS (for himself, Mr. Isakson, Mr. Pryor, and Ms.
Landrieu) submitted an amendment intended to be proposed by him to the
bill S. 1042, to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:

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

[[Page S12451]]

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.

(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) of this title in support of a
contingency operation. 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
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.
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