S.Amdt. 1567

1. Adds SEC. 512. MODIFICATION OF CERTAIN RETIREMENT PAY AND GRADE AUTHORITIES FOR SERVICES PERFORMED AFTER ELIGIBILITY FOR RETIREMENT at the end of subtitle B of title V

   Adds a section

   In S. 1390 · Placed on Calendar Senate

   (b) Considerations.--The report required by subsection (a) shall take into consideration the effects of the mobilization of large numbers of National Guard military technicians (dual status) on the readiness of National Guard units in critically important areas and on the capacity of the National Guard to continue performing home-based missions and responsibilities for the States.

   Inserted: SEC. 512. MODIFICATION OF CERTAIN RETIREMENT PAY AND GRADE AUTHORITIES FOR SERVICES PERFORMED AFTER ELIGIBILITY FOR RETIREMENT.

   Inserted: (a) 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.--

   Inserted: (1) Election authority; requirements.--Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows:

   Inserted: "(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--

   Inserted: "(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;

   Inserted: "(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);

   Inserted: "(C) the person completed not less than two years of service in such active status (excluding any period of active service); and

   Inserted: "(D) the service of the person in such active status is determined by the Secretary concerned to have been satisfactory.

   Inserted: "(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1)(C) in the case of a person who--

   Inserted: "(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

   Inserted: "(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.".

   Inserted: (2) Actions to effectuate election.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph:

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   Inserted: "(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".

   Inserted: (3) Conforming amendment to reflect new variable age requirement for retirement.--Subsection (d) of such section is amended--

   Inserted: (A) 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

   Inserted: (B) in paragraph (2)(A), by striking "attains 60 years of age" and inserting "attains the eligibility age applicable to the person under such section".

   Inserted: (4) Repeal of restriction on election to receive reserve retired pay.--Section 12731(a) of such title is amended--

   Inserted: (A) by inserting "and" at the end of paragraph (2);

   Inserted: (B) by striking "; and" at the end of paragraph (3) and inserting a period; and

   Inserted: (C) by striking paragraph (4).

   Inserted: (5) Clerical amendments.--

   Inserted: (A) Section heading.--The heading for section 12741 of such title is amended to read as follows:

   Inserted: "Sec. 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement".

   Inserted: (B) 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:

   Inserted: "12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.".

   Inserted: (6) Retroactive applicability.--The amendments made by this subsection shall take effect as of January 1, 2008.

   Inserted: (b) Recomputation of Retired Pay and Adjustment of Retired Grade of Reserve Retirees to Reflect Service After Retirement.--

   Inserted: (1) Recomputation.--Section 10145 of title 10, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(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--

   Inserted: "(A) the recomputation of the retired pay of the member determined under section 12739 of this title; and

   Inserted: "(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.

   Inserted: "(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who--

   Inserted: "(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;

   Inserted: "(B) completes at least six months of service in such position; and

   Inserted: "(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.".

   Inserted: (2) Retroactive applicability.--The amendment made by this subsection shall take effect as of January 1, 2008.

   Original wording

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

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As printed