I 

110TH CONGRESS 

1ST SESSION H. R. 1428 

To amend title 10, United States Code, to reduce the eligibility age for 

receipt of non-regular military service retired pay for members of the 

Ready Reserve in active federal status or on active duty for significant 

periods. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2007 

Mr. LATHAM (for himself, Mr. BISHOP of Georgia, Mr. MORAN of Kansas, Mr. 

WILSON of South Carolina, and Mr. TAYLOR) introduced the following 

bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to reduce the eligibility age for receipt of non-regular military service retired pay for members of the Ready Reserve in active 

federal status or on active duty for significant periods. 

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 ‘‘National Guard and 

5 Reserve Retirement Modernization Act’’. 


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1 SEC. 2. COMMENCEMENT OF RECEIPT OF NON-REGULAR 

2 SERVICE RETIRED PAY BY MEMBERS OF THE 

3 READY RESERVE ON ACTIVE FEDERAL STA4 TUS OR ACTIVE DUTY FOR SIGNIFICANT PE5 RIODS. 

6 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of 

7 title 10, United States Code, is amended— 

8 (1) in subsection (a), by striking paragraph (1) 

9 and inserting the following: 

10 ‘‘(1) has attained the eligibility age applicable 

11 under subsection (f) to that person;’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(f)(1) Subject to paragraph (2), the eligibility age 

15 for purposes of subsection (a)(1) is 60 years of age. 

16 ‘‘(2)(A) In the case of a person who as a member 

17 of the Ready Reserve serves on active duty or performs 

18 active service described in subparagraph (B) after Sep19 tember 11, 2001, the eligibility age for purposes of sub20 section (a)(1) shall be reduced below 60 years of age by 

21 three months for each aggregate of 90 days on which such 

22 person so performs in any fiscal year after such date, sub23 ject to subparagraph (C). A day of duty may be included 

24 in only one aggregate of 90 days for purposes of this sub25 paragraph. 


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1 ‘‘(B)(i) Service on active duty described in this sub2 paragraph is service on active duty pursuant to a call or 

3 order to active duty under a provision of law referred to 

4 in section 101(a)(13)(B) or under section 12301(d) of this 

5 title. Such service does not include service on active duty 

6 pursuant to a call or order to active duty under section 

7 12310 of this title. 

8 ‘‘(ii) Active service described in this subparagraph is 

9 also service under a call to active service authorized by 

10 the President or the Secretary of Defense under section 

11 502(f) of title 32 for purposes of responding to a national 

12 emergency declared by the President or supported by Fed13 eral funds. 

14 ‘‘(C) The eligibility age for purposes of subsection 

15 (a)(1) may not be reduced below 50 years of age for any 

16 person under subparagraph (A).’’. 

17 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE

18 FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES

19 FOR HEALTH CARE.—Section 1074(b) of such title is 

20 amended— 

21 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) Paragraph (1) does not apply to a member or 

25 former member entitled to retired pay for non-regular 


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1 service under chapter 1223 of this title who is under 60 

2 years of age.’’. 

3 (c) ADMINISTRATION OF RELATED PROVISIONS OF

4 LAW OR POLICY.—With respect to any provision of law, 

5 or of any policy, regulation, or directive of the executive 

6 branch that refers to a member or former member of the 

7 uniformed services as being eligible for, or entitled to, re8 tired pay under chapter 1223 of title 10, United States 

9 Code, but for the fact that the member or former member 

10 is under 60 years of age, such provision shall be carried 

11 out with respect to that member or former member by 

12 substituting for the reference to being 60 years of age a 

13 reference to having attained the eligibility age applicable 

14 under subsection (f) of section 12731 of title 10, United 

15 States Code (as added by subsection (a)), to such member 

16 or former member for qualification for such retired pay 

17 under subsection (a) of such section. 

18 (d) EFFECTIVE DATE AND APPLICABILITY.—The 

19 amendment made by subsection (a) shall take effect as 

20 of September 11, 2001, and shall apply with respect to 

21 applications for retired pay that are submitted under sec22 tion 12731(a) of title 10, United States Code, on or after 

23 the date of the enactment of this Act. 

Æ 


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