
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12731a]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12731a. Temporary special retirement qualification 
        authority
        
    (a) Retirement With At Least 15 Years of Service.--For the purposes 
of section 12731 of this title, the Secretary concerned may--
        (1) during the period described in subsection (b), determine to 
    treat a member of the Selected Reserve of a reserve component of the 
    armed force under the jurisdiction of that Secretary as having met 
    the service requirements of subsection (a)(2) of that section and 
    provide the member with the notification required by subsection (d) 
    of that section if the member--
            (A) as of October 1, 1991, has completed at least 15, and 
        less than 20, years of service computed under section 12732 of 
        this title; or
            (B) after that date and before the end of the period 
        described in subsection (b), completes 15 years of service 
        computed under that section; and

        (2) upon the request of the member submitted to the Secretary, 
    transfer the member to the Retired Reserve.

    (b) Period of Authority.--The period referred to in subsection 
(a)(1) is the period beginning on October 23, 1992, and ending on 
December 31, 2001.
    (c) Applicability Subject to Needs of the Service.--(1) The 
Secretary concerned may limit the applicability of subsection (a) to any 
category of personnel defined by the Secretary in order to meet a need 
of the armed force under the jurisdiction of the Secretary to reduce the 
number of members in certain grades, the number of members who have 
completed a certain number of years of service, or the number of members 
who possess certain military skills or are serving in designated 
competitive categories.
    (2) A limitation under paragraph (1) shall be consistent with the 
purpose set forth in section 4414(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2713).
    (3) Notwithstanding the provisions of section 4415(2) of the Defense 
Conversion, Reinvestment, and Transition Assistance Act of 1992 
(division D of Public Law 102-484; 106 Stat. 2714), the Secretary 
concerned may, consistent with the other provisions of this section, 
provide the notification required by section 12731(d) of this title to a 
member who no longer meets the qualifications for membership in the 
Selected Reserve solely because the member is unfit because of physical 
disability. Such notification may not be made if the disability is the 
result of the member's intentional misconduct, willful neglect, or 
willful failure to comply with standards and qualifications for 
retention established by the Secretary concerned or was incurred during 
a period of unauthorized absence.
    (d) Exclusion.--This section does not apply to persons referred to 
in section 12731(c) of this title.
    (e) Regulations.--The authority provided in this section shall be 
subject to regulations prescribed by the Secretary of Defense and by the 
Secretary of Transportation with respect to the Coast Guard.

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4417(a), Oct. 23, 1992, 
106 Stat. 2716, Sec. 1331a; amended Pub. L. 103-35, title II, 
Sec. 201(f)(2), May 31, 1993, 107 Stat. 99; Pub. L. 103-160, div. A, 
title V, Secs. 561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668, 1670; 
renumbered Sec. 12731a and amended Pub. L. 103-337, div. A, title V, 
Sec. 517, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat. 2754, 
2998, 3000; Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(21), Feb. 
10, 1996, 110 Stat. 497; Pub. L. 105-261, div. A, title V, 
Sec. 561(n)(2), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106-398, Sec. 1 
[[div. A], title V, Sec. 571(n)(2)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-135.)

                       References in Text

    Section 4414(a) of the National Defense Authorization Act for Fiscal 
Year 1993 and section 4415(2) of the Defense Conversion, Reinvestment, 
and Transition Assistance Act of 1992, referred to in subsec. (c)(2), 
(3), are sections 4414(a) and 4415(2) of Pub. L. 102-484, which are set 
out in a note under section 12681 of this title.


                               Amendments

    2000--Subsec. (a)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 571(n)(2)(A)], substituted ``the end of the period described in 
subsection (b)'' for ``October 1, 2001''.
    Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 571(n)(2)(B)], substituted ``December 31, 2001'' for ``October 1, 
2001''.
    1998--Subsec. (a)(1)(B), (b). Pub. L. 105-261 substituted ``October 
1, 2001'' for ``October 1, 1999''.
    1996--Subsec. (c)(3). Pub. L. 104-106 inserted comma after ``Defense 
Conversion''.
    1994--Pub. L. 103-337, Sec. 1662(j)(1), renumbered section 1331a of 
this title as this section and amended text generally, changing 
references to other sections.
    Subsec. (c)(3). Pub. L. 103-337, Sec. 517, added par. (3) which read 
as follows: ``Notwithstanding the provisions of section 4415(2) of the 
Defense Conversion Reinvestment, and Transition Assistance Act of 1992 
(division D of Public Law 102-484; 106 Stat. 2714), the Secretary 
concerned may, consistent with the other provisions of this section, 
provide the notification required by section 1331(d) of this title to a 
member who no longer meets the qualifications for membership in the 
Selected Reserve solely because the member is unfit because of physical 
disability. Such notification may not be made if the disability is the 
result of the member's intentional misconduct, willful neglect, or 
willful failure to comply with standards and qualifications for 
retention established by the Secretary concerned or was incurred during 
a period of unauthorized absence.''
    1993--Subsec. (a). Pub. L. 103-160, Sec. 564(c)(1), substituted 
``Secretary concerned'' for ``Secretary of a military department'' in 
introductory provisions.
    Subsec. (a)(1)(B). Pub. L. 103-160, Sec. 561(f)(4)(A), substituted 
``October 1, 1999'' for ``October 1, 1995''.
    Subsec. (a)(2). Pub. L. 103-160, Sec. 561(f)(4)(B), struck out 
``within one year after the date of the notification referred to in 
paragraph (1)'' after ``to the Secretary''.
    Subsec. (b). Pub. L. 103-160, Sec. 561(f)(4)(C), substituted 
``October 1, 1999'' for ``October 1, 1995''.
    Pub. L. 103-35 substituted ``October 23, 1992,'' for ``the date of 
the enactment of the National Defense Authorization Act for Fiscal Year 
1993''.
    Subsec. (c)(1). Pub. L. 103-160, Sec. 564(c)(2), struck out ``of the 
military department'' after ``The Secretary''.
    Subsec. (e). Pub. L. 103-160, Sec. 564(c)(3), inserted before period 
at end ``and by the Secretary of Transportation with respect to the 
Coast Guard''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 1662(j)(1) of Pub. L. 103-337 effective Dec. 1, 
1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, 
set out as an Effective Date note under section 10001 of this title.
