
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(f)(1)]
[CITE: 10USC10218]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
           CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
 
Sec. 10218. Army and Air Force Reserve technicians: conditions 
        for retention; mandatory retirement under civil service laws
        
    (a) Separation and Retirement of Military Technicians (Dual 
Status).--(1) An individual employed by the Army Reserve or the Air 
Force Reserve as a military technician (dual status) who after October 
5, 1999, loses dual status is subject to paragraph (2) or (3), as the 
case may be.
    (2) If a technician described in paragraph (1) is eligible at the 
time dual status is lost for an unreduced annuity and is age 60 or older 
at that time, the technician shall be separated not later than 30 days 
after the date on which dual status is lost.
    (3)(A) If a technician described in paragraph (1) is not eligible at 
the time dual status is lost for an unreduced annuity or is under age 60 
at that time, the technician shall be offered the opportunity to--
        (i) reapply for, and if qualified be appointed to, a position as 
    a military technician (dual status); or
        (ii) apply for a civil service position that is not a technician 
    position.

    (B) If such a technician continues employment with the Army Reserve 
or the Air Force Reserve as a non-dual status technician, the 
technician--
        (i) shall not be permitted, after October 5, 2000, to apply for 
    any voluntary personnel action; and
        (ii) shall be separated or retired--
            (I) in the case of a technician first hired as a military 
        technician (dual status) on or before February 10, 1996, not 
        later than 30 days after becoming eligible for an unreduced 
        annuity and becoming 60 years of age; and
            (II) in the case of a technician first hired as a military 
        technician (dual status) after February 10, 1996, not later than 
        one year after the date on which dual status is lost.

    (4) For purposes of this subsection, a military technician is 
considered to lose dual status upon--
        (A) being separated from the Selected Reserve; or
        (B) ceasing to hold the military grade specified by the 
    Secretary concerned for the position held by the technician.

    (b) Non-Dual Status Technicians.--(1) An individual who on October 
5, 1999, is employed by the Army Reserve or the Air Force Reserve as a 
non-dual status technician and who on that date is eligible for an 
unreduced annuity and is age 60 or older shall be separated not later 
than April 5, 2000.
    (2)(A) An individual who on October 5, 1999, is employed by the Army 
Reserve or the Air Force Reserve as a non-dual status technician and who 
on that date is not eligible for an unreduced annuity or is under age 60 
shall be offered the opportunity to--
        (i) reapply for, and if qualified be appointed to, a position as 
    a military technician (dual status); or
        (ii) apply for a civil service position that is not a technician 
    position.

    (B) If such a technician continues employment with the Army Reserve 
or the Air Force Reserve as a non-dual status technician, the 
technician--
        (i) shall not be permitted, after October 5, 2000, to apply for 
    any voluntary personnel action; and
        (ii) shall be separated or retired--
            (I) in the case of a technician first hired as a technician 
        on or before February 10, 1996, and who on October 5, 1999, is a 
        non-dual status technician, not later than 30 days after 
        becoming eligible for an unreduced annuity and becoming 60 years 
        of age; and
            (II) in the case of a technician first hired as a technician 
        after February 10, 1996, and who on October 5, 1999, is a non-
        dual status technician, not later than one year after the date 
        on which dual status is lost.

    (3) An individual employed by the Army Reserve or the Air Force 
Reserve as a non-dual status technician who is ineligible for 
appointment to a military technician (dual status) position, or who 
decides not to apply for appointment to such a position, or who, during 
the period beginning on October 5, 1999, and ending on April 5, 2000, is 
not appointed to such a position, shall for reduction-in-force purposes 
be in a separate competitive category from employees who are military 
technicians (dual status).
    (c) Unreduced Annuity Defined.--For purposes of this section, a 
technician shall be considered to be eligible for an unreduced annuity 
if the technician is eligible for an annuity under section 8336, 8412, 
or 8414 of title 5 that is not subject to a reduction by reason of the 
age or years of service of the technician.
    (d) Voluntary Personnel Action Defined.--In this section, the term 
``voluntary personnel action'', with respect to a non-dual status 
technician, means any of the following:
        (1) The hiring, entry, appointment, reassignment, promotion, or 
    transfer of the technician into a position for which the Secretary 
    concerned has established a requirement that the person occupying 
    the position be a military technician (dual status).
        (2) Promotion to a higher grade if the technician is in a 
    position for which the Secretary concerned has established a 
    requirement that the person occupying the position be a military 
    technician (dual status).

(Added Pub. L. 106-65, div. A, title V, Sec. 522(a)(1), Oct. 5, 1999, 
113 Stat. 595; amended Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 525(a), title X, Sec. 1087(a)(20)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-108, 1654A-291.)


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(A)], substituted ``October 5, 1999,'' for ``the date of 
the enactment of this section''.
    Subsec. (a)(2). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 525(a)(1)(A)], inserted ``and is age 60 or older at that time'' 
after ``unreduced annuity''.
    Subsec. (a)(3)(A). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 525(a)(1)(B)], inserted ``or is under age 60 at that time'' after 
``unreduced annuity'' in introductory provisions.
    Subsec. (a)(3)(B)(i). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(B)], substituted ``October 5, 2000'' for ``the end of 
the one-year period beginning on the date of the enactment of this 
subsection''.
    Subsec. (a)(3)(B)(ii)(I). Pub. L. 106-398, Sec. 1 [[div. A], title 
V, Sec. 525(a)(1)(C)], inserted ``and becoming 60 years of age'' after 
``unreduced annuity''.
    Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(A), (C)], substituted ``October 5, 1999,'' for ``the 
date of the enactment of this section'' and ``April 5, 2000'' for ``six 
months after the date of the enactment of this section''.
    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 525(a)(2)(A)], 
inserted ``and is age 60 or older'' after ``unreduced annuity''.
    Subsec. (b)(2)(A). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(A)], substituted ``October 5, 1999,'' for ``the date of 
the enactment of this section'' in introductory provisions.
    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 525(a)(2)(B)], 
inserted ``or is under age 60'' after ``unreduced annuity'' in 
introductory provisions.
    Subsec. (b)(2)(B)(i). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(B)], substituted ``October 5, 2000'' for ``the end of 
the one-year period beginning on the date of the enactment of this 
subsection''.
    Subsec. (b)(2)(B)(ii). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(A)], substituted ``October 5, 1999,'' for ``the date of 
the enactment of this section'' in subcls. (I) and (II).
    Subsec. (b)(2)(B)(ii)(I). Pub. L. 106-398, Sec. 1 [[div. A], title 
V, Sec. 525(a)(2)(C)], inserted ``and becoming 60 years of age'' after 
``unreduced annuity''.
    Subsec. (b)(3). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(20)(D)], substituted ``during the period beginning on 
October 5, 1999, and ending on April 5, 2000,'' for ``within six months 
of the date of the enactment of this section''.


                          Transition Provision

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 525(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-109, provided that:
    ``(1) An individual who before the date of the enactment of this Act 
[Oct. 30, 2000] was involuntarily separated or retired from employment 
as an Army Reserve or Air Force Reserve technician under section 10218 
of title 10, United States Code, and who would not have been so 
separated if the provisions of subsection (c) of that section, as 
amended by subsection (a), had been in effect at the time of such 
separation may, with the approval of the Secretary concerned, be 
reinstated to the technician status held by that individual immediately 
before that separation. The effective date of any such reinstatement is 
the date the employee resumes technician status.
    ``(2) The authority under paragraph (1) applies only to 
reinstatement for which an application is received by the Secretary 
concerned before the end of the one-year period beginning on the date of 
the enactment of this Act [Oct. 30, 2000].''


 Temporary Provision for Extension of Time for Separation or Retirement

    Pub. L. 106-65, div. A, title V, Sec. 522(a)(3), Oct. 5, 1999, 113 
Stat. 597, provided that: ``During the six-month period beginning on the 
date of the enactment of this Act [Oct. 5, 1999], the provisions of 
subsections (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of 
title 10, United States Code, as added by paragraph (1), shall be 
applied by substituting `six months' for `30 days'.''
