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10 U.S.C. § 12741 — Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12741 — Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement

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Stable record: federal_law:legal_authorities:record_usc_196d6359de7e02c36414d00c
Source file: Laws/federal/codes/united-states-code/title-10/section-12741-retirement-for-service-in-an-active-status-performed-in-the-selected-res--56b3a84267.md
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Source location: Title 10, Chapter 1223, § 12741; chapter-1223-retired-pay-for-non-regular-service.md

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**(a) Authority to Elect to Receive Reserve Retired Pay.—** (1) Notwithstanding the requirement in paragraph (4) of [section 12731(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731/a&num=0&edition=prelim) that a person 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 receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 741, 841, or 941 of this title, if the person— (A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement 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, 741, 841, or 941 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and (C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service). (2) The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who— (A) completed at least one year of service in a position of adjutant general required under [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) 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 described in [section 324(b) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section324/b&num=0&edition=prelim). **(b) Actions To Effectuate Election.—** As of the effective date of an election made by a person under subsection (a), the Secretary concerned shall— (1) terminate the eligibility of the person to retire under chapter 65, 741, 841, or 941 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 chapters, if the person was already receiving retired or retainer pay under one of those chapters; and (2) in the case of a reserve commissioned officer, transfer the officer to the Retired Reserve. **(c) Time and Form of Election.—** An election under subsection (a) shall be made within such time and in such form as the Secretary concerned requires. **(d) Effective Date of Election.—** An election made by a person under subsection (a) shall be effective— (1) except as provided in paragraph (2)(B), as of the date on which the person attains the eligibility age applicable to the person under [section 12731(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731/f&num=0&edition=prelim), if the Secretary concerned receives the election in accordance with this section within 180 days after that date; or (2) on the first day of the first month that begins after the date on which the Secretary concerned receives the election in accordance with this section, if— (A) the date of the receipt of the election is more than 180 days after the date on which the person attains the eligibility age applicable to the person under such section; or (B) the person retires from service in an active status within that 180-day period.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 314 — Adjutants general

**(a)** There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction. **(b)** The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications. **(c)** The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade. **(d)** The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12741 — Retirement for service in an active sta-

Page 3714 TITLE 10—ARMED FORCES § 12740 § 12740. Eligibility: denial upon certain punitive discharges or dismissals A person who— (1) is convicted of an offense under the Uni- form Code of Military Justice (chapter 47 of this title) and whose sentence includes death; or (2) is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an of- ficer) a dismissal, is not eligible for retired pay under this chapter. (Added Pub. L. 104–106, div. A, title VI, § 632(a)(1), Feb. 10, 1996, 110 Stat. 365.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–106, div. A, title VI, § 632(b), Feb. 10, 1996, 110 Stat. 365, provided that: ‘‘Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to court-martial sentences adjudged after the date of the enactment of this Act [Feb. 10, 1996].’’ § 12741. Retirement for service in an active sta- tus performed in the Selected Reserve of the Ready Reserve after eligibility for regular re- tirement (a) AUTHORITY TO ELECT TO RECEIVE RESERVE RETIRED PAY.—(1) Notwithstanding the require- ment in paragraph (4) of section 12731(a) of this title that a person 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 receive retired pay under this chapter, instead of receiv- ing retired or retainer pay under chapter 65, 741, 841, or 941 of this title, if the person— (A) satisfies the requirements specified in paragraphs (1) and (2) of such section for enti- tlement to retired pay under this chapter; (B) served in an active status in the Selected Reserve of the Ready Reserve after becoming eli

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12741

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