S. 1859

A bill to amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service.

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1859 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 1859

To amend title 10, United States Code, to revise the age and service
requirements for eligibility to receive retired pay for non-regular
service.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

November 14 (legislative day, November 12), 2003

Mr. Durbin 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 revise the age and service
requirements for eligibility to receive retired pay for non-regular
service.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

(a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed
under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1) of
this title, but not while a member of a regular component, the
Fleet Reserve, or the Fleet Marine Corps Reserve, except that
in the case of a person who completed 20 years of service
computed under section 12732 of this title before October 5,
1994, the number of years of qualifying service under this
subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member of
the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum years of service
required of a person under subparagraph (A) of paragraph (1) for
entitlement to retired pay as provided in such paragraph are as
follows:

``Age, in years, is                        The minimum years of service
at least:                                   required for that age is:
55......................................................        25
56......................................................        24
57......................................................        23
58......................................................        22
59......................................................        21
60......................................................     20.''.
(b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title.''.
(c) Effective Date.--This section and the amendments made by this
subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act and shall
apply with respect to retired pay payable for that month and subsequent
months.
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