
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(a)(31)]
[CITE: 10USC12741]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12741. Retirement from active reserve service performed 
        after regular retirement
        
    (a) Election of Reserve Retired Pay.--A person who, after becoming 
entitled to retired or retainer pay under chapter 65, 367, 571, or 867 
of this title, serves in an active status in a reserve component is 
entitled to retired pay under this chapter if--
        (1) the person would, but for paragraphs (3) and (4) of section 
    12731(a) of this title, otherwise be entitled to retired pay under 
    this chapter;
        (2) the person elects under this section to received \1\ retired 
    pay under this chapter; and
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    \1\ So in original.
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        (3) the person's service in an active status after having become 
    entitled to retired or retainer pay under that chapter is determined 
    by the Secretary concerned to have been satisfactory.

    (b) Actions To Effectuate Election.--As of the effective date of an 
election made by a person under subsection (a), the Secretary concerned 
shall--
        (1) terminate the person's entitlement to retired or retainer 
    pay under the applicable chapter of this title referred to in 
    subsection (a); and
        (2) in the case of a reserve commissioned officer, transfer the 
    officer to the Retired Reserve.

    (c) Time and Form of Election.--An election under subsection (b) 
shall be made within such time and in such form as the Secretary 
concerned requires.
    (d) Effective Date of Election.--An election made by a person under 
subsection (b) shall be effective--
        (1) except as provided in paragraph (2)(B), as of the date on 
    which the person attains 60 years of age, if the Secretary concerned 
    receives the election in accordance with this section within 180 
    days after that date; or
        (2) on the first day of the first month that begins after the 
    date on which the Secretary concerned receives the election in 
    accordance with this section, if--
            (A) the date of the receipt of the election is more than 180 
        days after the date on which the person attains 60 years of age; 
        or
            (B) the person retires from service in an active status 
        within that 180-day period.

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 653(a)(1)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-164.)


                             Effective Date

    Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 653(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-165, provided that: ``Section 12741 of title 
10, United States Code, as added by subsection (a), shall take effect 
180 days after the date of the enactment of this Act [Oct. 30, 2000] and 
shall apply with respect to retired pay payable for months beginning on 
or after that effective date.''
