II 

108TH CONGRESS 

1ST SESSION S. 1859

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 SENATE OF THE UNITED STATES 

NOVEMBER 14 (legislative day, NOVEMBER 12), 2003

Mr. DURBIN introduced the following bill; which was read twice and 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. ELIGIBILITY FOR RETIRED PAY FOR NON-REG4 ULAR SERVICE. 

5 (a) AGE AND SERVICE REQUIREMENTS.—Subsection 

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

7 amended to read as follows: 

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

9 is entitled, upon application, to retired pay computed 

10 under section 12739 of this title, if the person—
2

•S 1859 IS 

1 ‘‘(A) satisfies one of the combinations of re2 quirements for minimum age and minimum number 

3 of years of service (computed under section 12732 of 

4 this title) that are specified in the table in para5 graph (2); 

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

7 service while a member of any category named in 

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

9 member of a regular component, the Fleet Reserve, 

10 or the Fleet Marine Corps Reserve, except that in 

11 the case of a person who completed 20 years of serv12 ice computed under section 12732 of this title before 

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

14 service under this subparagraph shall be eight; and 

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

16 of law, to retired pay from an armed force or re17 tainer pay as a member of the Fleet Reserve or the 

18 Fleet Marine Corps Reserve. 

19 ‘‘(2) The combinations of minimum age and min20 imum years of service required of a person under subpara21 graph (A) of paragraph (1) for entitlement to retired pay 

22 as provided in such paragraph are as follows:

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

at least: required for that age is: 

55 ...................................................................................................... 25

56 ...................................................................................................... 24

57 ...................................................................................................... 23

58 ...................................................................................................... 22
3

•S 1859 IS 

59 ...................................................................................................... 21

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

1 (b) 20-YEAR LETTER.—Subsection (d) of such sec2 tion is amended by striking ‘‘the years of service required 

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

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

5 under section 12732 of this title.’’. 

6 (c) EFFECTIVE DATE.—This section and the amend7 ments made by this subsection (a) shall take effect on the 

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

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

10 to retired pay payable for that month and subsequent 

11 months.

Æ