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 eligi-
bility age for receipt of non-regular military service re-
tired pay for members of the Ready Reserve in active 
federal status or on active duty for significant periods. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard and 
Reserve Retirement Modernization Act’’. 
VerDate Aug 31 2005 
18:03 Mar 10, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1428.IH
H1428
ycherry on PROD1PC64 with BILLS
SEC. 2. COMMENCEMENT OF RECEIPT OF NON-REGULAR 
SERVICE RETIRED PAY BY MEMBERS OF THE 
READY RESERVE ON ACTIVE FEDERAL STA-
TUS OR ACTIVE DUTY FOR SIGNIFICANT PE-
RIODS. 
(a) REDUCED ELIGIBILITY AGE.—Section 12731 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) has attained the eligibility age applicable 
under subsection (f) to that person;’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f)(1) Subject to paragraph (2), the eligibility age 
for purposes of subsection (a)(1) is 60 years of age. 
‘‘(2)(A) In the case of a person who as a member 
of the Ready Reserve serves on active duty or performs 
active service described in subparagraph (B) after Sep-
tember 11, 2001, the eligibility age for purposes of sub-
section (a)(1) shall be reduced below 60 years of age by 
three months for each aggregate of 90 days on which such 
person so performs in any fiscal year after such date, sub-
ject to subparagraph (C). A day of duty may be included 
in only one aggregate of 90 days for purposes of this sub-
paragraph. 
VerDate Aug 31 2005 
18:03 Mar 10, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1428.IH
H1428
ycherry on PROD1PC64 with BILLS
‘‘(B)(i) Service on active duty described in this sub-
paragraph is service on active duty pursuant to a call or 
order to active duty under a provision of law referred to 
in section 101(a)(13)(B) or under section 12301(d) of this 
title. Such service does not include service on active duty 
pursuant to a call or order to active duty under section 
12310 of this title. 
‘‘(ii) Active service described in this subparagraph is 
also service under a call to active service authorized by 
the President or the Secretary of Defense under section 
502(f) of title 32 for purposes of responding to a national 
emergency declared by the President or supported by Fed-
eral funds. 
‘‘(C) The eligibility age for purposes of subsection 
(a)(1) may not be reduced below 50 years of age for any 
person under subparagraph (A).’’. 
(b) CONTINUATION OF AGE 60 AS MINIMUM AGE 
FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES 
FOR HEALTH CARE.—Section 1074(b) of such title is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) does not apply to a member or 
former member entitled to retired pay for non-regular 
VerDate Aug 31 2005 
00:42 Mar 12, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1428.IH
H1428
ycherry on PROD1PC64 with BILLS
service under chapter 1223 of this title who is under 60 
years of age.’’. 
(c) ADMINISTRATION OF RELATED PROVISIONS OF 
LAW OR POLICY.—With respect to any provision of law, 
or of any policy, regulation, or directive of the executive 
branch that refers to a member or former member of the 
uniformed services as being eligible for, or entitled to, re-
tired pay under chapter 1223 of title 10, United States 
Code, but for the fact that the member or former member 
is under 60 years of age, such provision shall be carried 
out with respect to that member or former member by 
substituting for the reference to being 60 years of age a 
reference to having attained the eligibility age applicable 
under subsection (f) of section 12731 of title 10, United 
States Code (as added by subsection (a)), to such member 
or former member for qualification for such retired pay 
under subsection (a) of such section. 
(d) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendment made by subsection (a) shall take effect as 
of September 11, 2001, and shall apply with respect to 
applications for retired pay that are submitted under sec-
tion 12731(a) of title 10, United States Code, on or after 
the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
00:42 Mar 12, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1428.IH
H1428
ycherry on PROD1PC64 with BILLS