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 com-
missioned 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS
SECTION 1. ELECTION TO RECEIVE RETIRED PAY FOR NON- 
REGULAR SERVICE UPON RETIREMENT FOR 
SERVICE IN AN ACTIVE RESERVE STATUS 
PERFORMED AFTER ATTAINING ELIGIBILITY 
FOR REGULAR RETIREMENT. 
(a) ELECTION AUTHORITY; REQUIREMENTS.—Sub-
section (a) of section 12741 of title 10, United States 
Code, is amended to read as follows: 
‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE 
RETIRED PAY.—(1) Notwithstanding the requirement in 
paragraph (4) of section 12731(a) of this title that a per-
son may not receive retired pay under this chapter when 
the person is entitled, under any other provision of law, 
to retired pay or retainer pay, a person may elect to re-
ceive retired pay under this chapter, instead of receiving 
retired or retainer pay under chapter 65, 367, 571, or 867 
of this title, if the person— 
‘‘(A) satisfies the requirements specified in 
paragraphs (1) and (2) of such section for entitle-
ment to retired pay under this chapter; 
‘‘(B) served in an active status in the Selected 
Reserve of the Ready Reserve after becoming eligible 
for retirement under chapter 65, 367, 571, or 867 
of this title (without regard to whether the person 
actually retired or received retired or retainer pay 
under one of those chapters); and 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS
‘‘(C) completed not less than two years of satis-
factory service (as determined by the Secretary con-
cerned) in such active status (excluding any period 
of active service). 
‘‘(2) The Secretary concerned may reduce the min-
imum two-year service requirement specified in paragraph 
(1)(C) in the case of a person who— 
‘‘(A) completed at least six months of service in 
a position of adjutant general required under section 
314 of title 32 or in a position of assistant adjutant 
general subordinate to such a position of adjutant 
general; and 
‘‘(B) failed to complete the minimum years of 
service solely because the appointment of the person 
to such position was terminated or vacated as de-
scribed in section 324(b) of title 32.’’. 
(b) ACTIONS TO EFFECTUATE ELECTION.—Sub-
section (b) of such section is amended by striking para-
graph (1) and inserting the following new paragraph: 
‘‘(1) terminate the eligibility of the person to 
retire under chapter 65, 367, 571, or 867 of this 
title, if the person is not already retired under one 
of those chapters, and terminate entitlement of the 
person to retired or retainer pay under one of those 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS
chapters, if the person was already receiving retired 
or retainer pay under one of those chapters; and’’. 
(c) CONFORMING AMENDMENT TO REFLECT NEW 
VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub-
section (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under section 12731(f) 
of this title’’; and 
(2) in paragraph (2)(A), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under such section’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for sec-
tion 12741 of such title is amended to read as fol-
lows: 
‘‘§ 12741. Retirement for service in an active status 
performed in the Selected Reserve of the 
Ready Reserve after eligibility for reg-
ular retirement’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1223 of such title is 
amended by striking the item relating to section 
12741 and inserting the following new item: 
‘‘12741. Retirement for service in an active status performed in the Selected Re-
serve of the Ready Reserve after eligibility for regular retire-
ment.’’. 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS
(e) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008. 
SEC. 2. RECOMPUTATION OF RETIRED PAY AND ADJUST-
MENT OF RETIRED GRADE OF RESERVE RE-
TIREES TO REFLECT SERVICE AFTER RE-
TIREMENT. 
(a) RECOMPUTATION
OF RETIRED PAY.—Section 
12739 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(e)(1) If a member of the Retired Reserve is recalled 
to an active status in the Selected Reserve of the Ready 
Reserve under section 10145(d) of this title and completes 
not less than two years of service in such active status, 
the member is entitled to the recomputation under this 
section of the retired pay of the member. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
‘‘(B) completes at least six months of service in 
such position; and 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(b) ADJUSTMENT
OF RETIRED GRADE.—Section 
12771 of such title is amended— 
(1) by striking ‘‘Unless’’ and inserting ‘‘(a) 
GRADE ON TRANSFER.—Unless’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE 
STATUS.—(1) If a member of the Retired Reserve who 
is a commissioned officer is recalled to an active status 
in the Selected Reserve of the Ready Reserve under sec-
tion 10145(d) of this title and completes not less than two 
years of service in such active status, the member is enti-
tled to an adjustment in the retired grade of the member 
in the manner provided in section 1370(d) of this title. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS
‘‘(B) completes at least six months of service in 
such position; and 
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(c) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008. 
Æ 
VerDate Nov 24 2008 
04:39 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H1688.IH
H1688
jbell on PROD1PC69 with BILLS