10 U.S.C. § 20107 — Transfer to inactive status: initial service

Page 3807 TITLE 10—ARMED FORCES § 20108 component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law au- thorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a space force active status when ordered to active duty under paragraph (1). (3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title. (b) MEMBERS IN A SPACE FORCE INACTIVE STA- TUS.— (1) A member of the Space Force in a space force inactive status may be ordered to active duty under— (A) the provisions of chapter 1209 of this title; (B) any other provision of law authorizing the order to active duty of a member of a re- serve component in an inactive status; and (C) the terms of any agreement entered into by the member under section 20103 of this title. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a space force inactive service when ordered to active duty. (c) MEMBERS IN A SPACE FORCE RETIRED STA- TUS.— (1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a space force retired status. (2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired mem- ber or a member of the Retired Reserve shall apply to a member of the Space Force in a space force retired status when ordered to ac- tive duty. (3) The provisions of section 689 of this title pertaining to a retired member ordered to ac- tive duty shall apply to a member of the Space Force in a space force retired status who is or- dered to active duty. (d) OTHER APPLICABLE PROVISIONS.—The fol- lowing provisions of chapter 1209 of this title shall apply to a member of the Space Force or- dered to active duty in the same manner as to a Reserve or member of the Retired Reserve or- dered to active duty: (1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. (2) Section 12308, relating to retention after becoming qualified for retired pay. (3) Section 12313, relating to release from ac- tive duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of cer- tain Reserves while on duty. (7) Section 12317, relating to theological stu- dents; limitations. (8) Section 12320, relating to grade in which ordered to active duty. (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 629; amended Pub. L. 118–159, div. A, title V, § 521(m), Dec. 23, 2024, 138 Stat. 1882.) Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–159 struck out ‘‘per- taining’’ before ‘‘shall apply’’ in introductory provi- sions. § 20107. Transfer to inactive status: initial service obligation not complete (a) GENERAL RULE.—A member of the Space Force who has not completed the required min- imum service obligation referred to in section 20003 of this title shall, if terminating space force active status, be transferred to a space force inactive status and, unless otherwise des- ignated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title. (b) EXCEPTION.—Subsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title. (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 630.) § 20108. Members of Space Force: credit for serv- ice for purposes of laws providing pay and benefits for members, dependents, and sur- vivors For the purposes of laws providing pay and benefits for members of the armed forces and their dependents and beneficiaries: (1) Military training, duty, or other service performed by a member of the Space Force in a space force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component. (2) Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a mem- ber of a regular component. (3) Active duty performed by a member of the Space Force in a space force active status not on sustained duty shall be considered ac- tive duty as a member of a reserve component. (4) Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a re- serve component. (Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 631.)