I 

108TH CONGRESS 

1ST SESSION H. R. 2398

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 HOUSE OF REPRESENTATIVES 

JUNE 10, 2003

Mr. BARRETT of South Carolina (for himself and Mr. WILSON of South Carolina) introduced the following bill; which was 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guardsmen and Re5 servist Retirement Age Act of 2003’’. 
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1 SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR 

2 SERVICE. 

3 (a) AGE AND SERVICE REQUIREMENTS.—Subsection 

4 (a) of section 12731 of title 10, United States Code, is 

5 amended to read as follows: 

6 ‘‘(a)(1) Except as provided in subsection (c), a person 

7 is entitled, upon application, to retired pay computed 

8 under section 12739 of this title, if the person—

9 ‘‘(A) satisfies one of the combinations of re10 quirements for minimum age and minimum number 

11 of years of service (computed under section 12732 of 

12 this title) that are specified in the table in para13 graph (2); 

14 ‘‘(B) performed the last six years of qualifying 

15 service while a member of any category named in 

16 section 12732(a)(1) of this title, but not while a 

17 member of a regular component, the Fleet Reserve, 

18 or the Fleet Marine Corps Reserve, except that in 

19 the case of a person who completed 20 years of serv20 ice computed under section 12732 of this title before 

21 October 5, 1994, the number of years of qualifying 

22 service under this subparagraph shall be eight; and 

23 ‘‘(C) is not entitled, under any other provision 

24 of law, to retired pay from an armed force or re25 tainer pay as a member of the Fleet Reserve or the 

26 Fleet Marine Corps Reserve. 
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1 ‘‘(2) The combinations of minimum age and min2 imum years of service required of a person under subpara3 graph (A) of paragraph (1) for entitlement to retired pay 

4 as provided in such paragraph are as follows:

‘‘Age, in years, is The minimum years of service 

at least: required for that age is: 

53 ...................................................................................................... 34

54 ...................................................................................................... 32

55 ...................................................................................................... 30

56 ...................................................................................................... 28

57 ...................................................................................................... 26

58 ...................................................................................................... 24

59 ...................................................................................................... 22

60 ...................................................................................................... 20.’’.

5 (b) 20-YEAR LETTER.—Subsection (d) of such sec6 tion is amended by striking ‘‘the years of service required 

7 for eligibility for retired pay under this chapter’’ in the 

8 first sentence and inserting ‘‘20 years of service computed 

9 under section 12732 of this title.’’. 

10 (c) EFFECTIVE DATE.—This section and the amend11 ments made by this subsection (a) shall take effect on the 

12 first day of the first month beginning on or after the date 

13 of the enactment of this Act and shall apply with respect 

14 to retired pay payable for that month and subsequent 

15 months.

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