II 

108TH CONGRESS 

2D SESSION S. 2152

To amend title 10, United States Code, to provide eligibility for reduced 

non-regular service military retired pay before age 60, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2004

Mr. MILLER (for himself, Mr. CHAMBLISS, and Mr. DEWINE) 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 provide eligibility 

for reduced non-regular service military retired pay before age 60, and for other purposes.

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 ‘‘Guard and Reserve 

5 Retirement Retainer Act of 2004’’. 

6 SEC. 2. ELIGIBILITY FOR REDUCED NON-REGULAR SERV7 ICE RETIRED PAY BEFORE AGE 60. 

8 (a) ELIGIBILITY BEGINNING AT AGE 55.—Section 

9 12731(a)(1) of title 10, United States Code, is amended 
2

•S 2152 IS 

1 by striking ‘‘60 years of age’’ and inserting ‘‘55 years of 

2 age’’. 

3 (b) REDUCED RETIRED PAY WHEN COMMENCED

4 BEFORE AGE 60.—Section 12739 of such title is amend5 ed—

6 (1) in subsection (a), by inserting ‘‘, subject to 

7 subsection (d),’’ after ‘‘this chapter is’’; 

8 (2) by redesignating subsection (d) as sub9 section (e); and 

10 (3) by inserting after subsection (c) the fol11 lowing new subsection (d): 

12 ‘‘(d) In the case of a person to whom payment of 

13 retired pay under this chapter commences after the person 

14 attains 55 years of age and before the person attains 60 

15 years of age, the total amount of the monthly retired pay 

16 computed under subsections (a), (b), and (c) shall be re17 duced by the percentage specified for the age of the person 

18 when payment of the retired pay commences, as follows:

‘‘Age (in years) when payment of retired 

pay commences: 

Percentage by which retired pay is 

to be reduced: 

55 ...................................................................................................... 12.5

56 ...................................................................................................... 9.0

57 ...................................................................................................... 6.0

58 ...................................................................................................... 3.5

59 ...................................................................................................... 1.5.’’.
3

•S 2152 IS 

1 SEC. 3. CONTINUATION OF AGE 60 AS MINIMUM AGE FOR 

2 ELIGIBILITY OF NON-REGULAR SERVICE RE3 TIREES FOR HEALTH CARE. 

4 Section 1074(b) of title 10, United States Code, is 

5 amended—

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

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

8 paragraph: 

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

10 former member entitled to retired pay for non-regular 

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

12 years of age.’’. 

13 SEC. 4. EFFECTIVE DATE AND APPLICABILITY. 

14 This Act and the amendments made by this Act shall 

15 take effect on the first day of the first month that begins 

16 more than 180 days after the date of the enactment of 

17 this Act.

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