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10 U.S.C. § 10218 — Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) Separation and Retirement of Military Technicians (Dual Status).—**
(1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after October 5, 1999, loses dual status is subject to paragraph (2) or (3), as the case may be.
(2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity and is age 60 or older at that time, the technician shall be separated not later than 30 days after the date on which dual status is lost.
(3)
(A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity or is under age 60 at that time, the technician shall be offered the opportunity to—
(i) reapply for, and if qualified may be appointed to, a position as a military technician (dual status); or
(ii) apply for a civil service position that is not a technician position.
(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—
(i) shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and
(ii) shall be separated or retired—
(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and
(II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost.
(4) For purposes of this subsection, a military technician is considered to lose dual status upon—
(A) being separated from the Selected Reser
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Source file: Laws/federal/codes/united-states-code/title-10/section-10218-army-and-air-force-reserve-technicians-conditions-for-retention-mandator--16bd2075d9.md
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Source location: Title 10, Chapter 1007, § 10218; chapter-1007-administration-of-reserve-components.md
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**(a) Separation and Retirement of Military Technicians (Dual Status).—**
(1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after October 5, 1999, loses dual status is subject to paragraph (2) or (3), as the case may be.
(2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity and is age 60 or older at that time, the technician shall be separated not later than 30 days after the date on which dual status is lost.
(3)
(A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity or is under age 60 at that time, the technician shall be offered the opportunity to—
(i) reapply for, and if qualified may be appointed to, a position as a military technician (dual status); or
(ii) apply for a civil service position that is not a technician position.
(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—
(i) shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and
(ii) shall be separated or retired—
(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and
(II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost.
(4) For purposes of this subsection, a military technician is considered to lose dual status upon—
(A) being separated from the Selected Reserve; or
(B) ceasing to hold the military grade specified by the Secretary concerned for the position held by the technician.
**(b) Non-Dual Status Technicians.—**
(1) An individual who on October 5, 1999, is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity and is age 60 or older shall be separated not later than April 5, 2000.
(2)
(A) An individual who on October 5, 1999, is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is not eligible for an unreduced annuity or is under age 60 shall be offered the opportunity to—
(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or
(ii) apply for a civil service position that is not a technician position.
(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—
(i) shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and
(ii) shall be separated or retired—
(I) in the case of a technician first hired as a technician on or before February 10, 1996, and who on October 5, 1999, is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and
(II) in the case of a technician first hired as a technician after February 10, 1996, and who on October 5, 1999, is a non-dual status technician, not later than one year after the date on which dual status is lost.
(3) An individual employed by the Army Reserve or the Air Force Reserve as a non-dual status technician who is ineligible for appointment to a military technician (dual status) position, or who decides not to apply for appointment to such a position, or who, during the period beginning on October 5, 1999, and ending on April 5, 2000, is not appointed to such a position, shall for reduction-in-force purposes be in a separate competitive category from employees who are military technicians (dual status).
**(c) Unreduced Annuity Defined.—** For purposes of this section, a technician shall be considered to be eligible for an unreduced annuity if the technician is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that is not subject to a reduction by reason of the age or years of service of the technician.
**(d) Voluntary Personnel Action Defined.—** In this section, the term “voluntary personnel action”, with respect to a non-dual status technician, means any of the following:
(1) The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).
(2) Promotion to a higher grade if the technician is in a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who—
(A) is employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) or [section 709(b) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/b&num=0&edition=prelim);
(B) is required as a condition of that employment to maintain membership in the Selected Reserve; and
(C) is assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve or the armed forces.
(2) Military technicians (dual status) shall be authorized and accounted for as a separate category of civilian employees.
(3) A military technician (dual status) who is employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1):
(A) Supporting operations or missions assigned in whole or in part to the technician’s unit.
(B) Supporting operations or missions performed or to be performed by—
(i) a unit composed of elements from more than one component of the technician’s armed force; or
(ii) a joint forces unit that includes—
(I) one or more units of the technician’s component; or
(II) a member of the technician’s component whose reserve component assignment is in a position in an elemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10216
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** For the purposes of this section and any other provision of law, a non-dual status technician is a civilian employee of the Department of Defense serving in a military technician position who—
(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve;
(2) is employed under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim) in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve; or
(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.
**(b) Employment Authorities.—** The authorities referred to in subsection (a) are the following:
(1) [Section 10216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim).
(2) [Section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim).
(3) The requirements referred to in [section 8401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401&num=0&edition=prelim).
(4) Section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), and any comparable provision of law enacted on an annual basis in the Department of Defense Appropriations Acts for fiscal years 1984 through 1995.
(5) Any memorandum of agreement between the Department of Defense and the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10217
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Federal law — U.S. Code and appendices · legal_authorities
Page 3611
TITLE 10—ARMED FORCES
§ 10218
Editorial Notes
REFERENCES IN TEXT
Section 8016 of the Department of Defense Appropria-
tions Act, 1996 (Public Law 104–61; 109 Stat. 654), re-
ferred to in subsec. (b)(4), was set out as a note under
section 10101 of this title prior to repeal by Pub. L.
105–85, div. A, title V, § 522(e), Nov. 18, 1997, 111 Stat.
1735.
AMENDMENTS
2019—Subsec. (e)(4). Pub. L. 116–92 substituted ‘‘shall
be an individual’’ for ‘‘shall an individual’’.
2016—Subsec. (e). Pub. L. 114–328 amended subsec. (e)
generally. Prior to amendment, subsec. (e) related to
phased-in termination of non-dual status positions.
2015—Subsec. (e). Pub. L. 114–92 added subsec. (e).
2013—Subsec. (c)(3). Pub. L. 112–239, § 1076(f)(45), sub-
stituted ‘‘considered’’ for ‘‘consider’’.
Subsec. (d)(3). Pub. L. 112–239, § 1076(e)(7), substituted
‘‘after January 6, 2013’’ for ‘‘after the end of the 2-year
period beginning on the date of the enactment of this
subsection’’.
2011—Subsec. (a)(3). Pub. L. 111–383, § 513(a)(1), added
par. (3).
Subsec. (c)(1). Pub. L. 111–383, § 1075(b)(53), substituted
‘‘The’’ for ‘‘Effective October 1, 2007, the’’ and struck
out ‘‘after the preceding sentence takes effect’’ after
‘‘If at any time’’.
Subsec. (c)(3). Pub. L. 111–383, § 513(b), added par. (3).
Subsec. (d). Pub. L. 111–383, § 513(a)(2), added subsec.
(d).
2003—Subsec. (c)(1). Pub. L. 108–136 substituted ‘‘may
not exceed 595 and by the Air Force Reserve may not
exceed 90’’ for ‘‘and Air Force Reserve may not exceed
175’’.
2002—Subsec. (c)(2). Pub. L. 107–314 substituted ‘‘The
total number’’ for ‘‘Effective October 1, 2002, the total
number’’ in first sentence and struck out ‘‘after the
preceding sentence takes effect’’ after ‘‘If at any time’’
in second se
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 10218
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.