I 

111TH CONGRESS 

1ST SESSION H. R. 1688 

To amend title 10, United States Code, to ensure that commissioned officers 

who serve in a reserve component of the Armed Forces are able to 

retire in the highest grade in which they have successfully served. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2009 

Ms. BORDALLO (for herself and Mr. AUSTRIA) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to ensure that commissioned officers who serve in a reserve component of 

the Armed Forces are able to retire in the highest grade 

in which they have successfully served. 

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


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1 SECTION 1. ELECTION TO RECEIVE RETIRED PAY FOR NON2 REGULAR SERVICE UPON RETIREMENT FOR 

3 SERVICE IN AN ACTIVE RESERVE STATUS 

4 PERFORMED AFTER ATTAINING ELIGIBILITY 

5 FOR REGULAR RETIREMENT. 

6 (a) ELECTION AUTHORITY; REQUIREMENTS.—Sub7 section (a) of section 12741 of title 10, United States 

8 Code, is amended to read as follows: 

9 ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE

10 RETIRED PAY.—(1) Notwithstanding the requirement in 

11 paragraph (4) of section 12731(a) of this title that a per12 son may not receive retired pay under this chapter when 

13 the person is entitled, under any other provision of law, 

14 to retired pay or retainer pay, a person may elect to re15 ceive retired pay under this chapter, instead of receiving 

16 retired or retainer pay under chapter 65, 367, 571, or 867 

17 of this title, if the person— 

18 ‘‘(A) satisfies the requirements specified in 

19 paragraphs (1) and (2) of such section for entitle20 ment to retired pay under this chapter; 

21 ‘‘(B) served in an active status in the Selected 

22 Reserve of the Ready Reserve after becoming eligible 

23 for retirement under chapter 65, 367, 571, or 867 

24 of this title (without regard to whether the person 

25 actually retired or received retired or retainer pay 

26 under one of those chapters); and 


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1 ‘‘(C) completed not less than two years of satis2 factory service (as determined by the Secretary con3 cerned) in such active status (excluding any period 

4 of active service). 

5 ‘‘(2) The Secretary concerned may reduce the min6 imum two-year service requirement specified in paragraph 

7 (1)(C) in the case of a person who— 

8 ‘‘(A) completed at least six months of service in 

9 a position of adjutant general required under section 

10 314 of title 32 or in a position of assistant adjutant 

11 general subordinate to such a position of adjutant 

12 general; and 

13 ‘‘(B) failed to complete the minimum years of 

14 service solely because the appointment of the person 

15 to such position was terminated or vacated as de16 scribed in section 324(b) of title 32.’’. 

17 (b) ACTIONS TO EFFECTUATE ELECTION.—Sub18 section (b) of such section is amended by striking para19 graph (1) and inserting the following new paragraph: 

20 ‘‘(1) terminate the eligibility of the person to 

21 retire under chapter 65, 367, 571, or 867 of this 

22 title, if the person is not already retired under one 

23 of those chapters, and terminate entitlement of the 

24 person to retired or retainer pay under one of those 


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1 chapters, if the person was already receiving retired 

2 or retainer pay under one of those chapters; and’’. 

3 (c) CONFORMING AMENDMENT TO REFLECT NEW

4 VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub5 section (d) of such section is amended— 

6 (1) in paragraph (1), by striking ‘‘attains 60 

7 years of age’’ and inserting ‘‘attains the eligibility 

8 age applicable to the person under section 12731(f) 

9 of this title’’; and 

10 (2) in paragraph (2)(A), by striking ‘‘attains 60 

11 years of age’’ and inserting ‘‘attains the eligibility 

12 age applicable to the person under such section’’. 

13 (d) CLERICAL AMENDMENTS.— 

14 (1) SECTION HEADING.—The heading for sec15 tion 12741 of such title is amended to read as fol16 lows: 

17 ‘‘§ 12741. Retirement for service in an active status 

18 performed in the Selected Reserve of the 

19 Ready Reserve after eligibility for reg20 ular retirement’’. 

21 (2) TABLE OF SECTIONS.—The table of sections 

22 at the beginning of chapter 1223 of such title is 

23 amended by striking the item relating to section 

24 12741 and inserting the following new item: 

‘‘12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.’’. 


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1 (e) RETROACTIVE APPLICABILITY.—The amend2 ments made by this section shall take effect as of January 

3 1, 2008. 

4 SEC. 2. RECOMPUTATION OF RETIRED PAY AND ADJUST5 MENT OF RETIRED GRADE OF RESERVE RE6 TIREES TO REFLECT SERVICE AFTER RE7 TIREMENT. 

8 (a) RECOMPUTATION OF RETIRED PAY.—Section 

9 12739 of title 10, United States Code, is amended by add10 ing at the end the following new subsection: 

11 ‘‘(e)(1) If a member of the Retired Reserve is recalled 

12 to an active status in the Selected Reserve of the Ready 

13 Reserve under section 10145(d) of this title and completes 

14 not less than two years of service in such active status, 

15 the member is entitled to the recomputation under this 

16 section of the retired pay of the member. 

17 ‘‘(2) The Secretary concerned may reduce the two18 year service requirement specified in paragraph (1) in the 

19 case of a member who— 

20 ‘‘(A) is recalled to serve in a position of adju21 tant general required under section 314 of title 32 

22 or in a position of assistant adjutant general subor23 dinate to such a position of adjutant general; 

24 ‘‘(B) completes at least six months of service in 

25 such position; and 


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1 ‘‘(C) fails to complete the minimum two years 

2 of service solely because the appointment of the 

3 member to such position is terminated or vacated as 

4 described in section 324(b) of title 32.’’. 

5 (b) ADJUSTMENT OF RETIRED GRADE.—Section 

6 12771 of such title is amended— 

7 (1) by striking ‘‘Unless’’ and inserting ‘‘(a) 

8 GRADE ON TRANSFER.—Unless’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE

12 STATUS.—(1) If a member of the Retired Reserve who 

13 is a commissioned officer is recalled to an active status 

14 in the Selected Reserve of the Ready Reserve under sec15 tion 10145(d) of this title and completes not less than two 

16 years of service in such active status, the member is enti17 tled to an adjustment in the retired grade of the member 

18 in the manner provided in section 1370(d) of this title. 

19 ‘‘(2) The Secretary concerned may reduce the two20 year service requirement specified in paragraph (1) in the 

21 case of a member who— 

22 ‘‘(A) is recalled to serve in a position of adju23 tant general required under section 314 of title 32 

24 or in a position of assistant adjutant general subor25 dinate to such a position of adjutant general; 


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1 ‘‘(B) completes at least six months of service in 

2 such position; and 

3 ‘‘(C) fails to complete the minimum two years 

4 of service solely because the appointment of the 

5 member to such position is terminated or vacated as 

6 described in section 324(b) of title 32.’’. 

7 (c) RETROACTIVE APPLICABILITY.—The amend8 ments made by this section shall take effect as of January 

9 1, 2008. 

Æ 


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