10 U.S.C. § 12731a — Temporary special retirement qualifica-

Page 3704 TITLE 10—ARMED FORCES § 12731a A, title VI, § 631(1), Nov. 5, 1990, 104 Stat. 1580, provided that: ‘‘The amendments made by paragraphs (1) and (2) [amending this section and section 3101 [now 5301] of Title 38, Veterans’ Benefits] shall take effect on April 1, 1992.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title IX, § 924(b), Sept. 24, 1983, 97 Stat. 644, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to retired pay payable for months beginning after September 30, 1983, or the date of the enactment of this Act [Sept. 24, 1983], whichever is later.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–397 applicable to notifica- tions after Sept. 30, 1978, see section 210(b) of Pub. L. 95–397, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–485 effective Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. ADMINISTRATION OF RELATED PROVISIONS OF LAW OR POLICY Pub. L. 110–181, div. A, title VI, § 647(c), Jan. 28, 2008, 122 Stat. 161, provided that: ‘‘With respect to any provi- sion 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, retired 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 provi- sion 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 sub- section (a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.’’ RESERVE RETIREMENT SYSTEM; REPORT TO CONGRESS Pub. L. 99–348, title III, § 302, July 1, 1986, 100 Stat. 702, directed Secretary of Defense to submit to Congress, not later than Feb. 1, 1988, a report on the retirement system provided under chapter 67 of this title for mem- bers of Armed Forces performing non-regular-service, including in the report any proposals of the Secretary for modifications to such system. SURVIVOR ANNUITIES; EFFECTIVE DATE Pub. L. 94–448, § 1, Oct. 1, 1976, 90 Stat. 1499, provided: ‘‘That for the purposes of survivor annuities under sub- chapter I of chapter 73 of title 10, United States Code [section 1431 et seq. of this title], and under prior cor- responding provisions of law, the provisions of section 1331(e) [now 12731(e)] of such title 10, relating to the date of entitlement to retired pay under chapter 67 [now 1223] of such title 10, shall be effective as of No- vember 1, 1953.’’ PAYMENT OF SURVIVOR ANNUITIES BENEFITS PRIOR TO OCTOBER 1, 1976 Pub. L. 94–448, § 2, Oct. 1, 1976, 90 Stat. 1499, provided that: ‘‘No benefits shall be paid to any person for any period prior to the date of enactment of this Act [Oct. 1, 1976] as a result of the enactment of this Act.’’ ENTITLEMENT TO RETIREMENT PAY AFTER OCTOBER 14, 1966; CONCLUSIVENESS Notification of completion of requisite years of serv- ice as conclusive for entitlement to retirement pay if made after Oct. 14, 1966, see section 3 of Pub. L. 89–652, set out as a note under section 1406 of this title. § 12731a. Temporary special retirement qualifica- tion authority (a) RETIREMENT WITH AT LEAST 15 YEARS OF SERVICE.—For the purposes of section 12731 of this title, the Secretary concerned may— (1) during the period described in subsection (b), determine to treat a member of the Se- lected Reserve of a reserve component of the armed force under the jurisdiction of that Sec- retary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member— (A) as of October 1, 1991, has completed at least 15, and less than 20, years of service computed under section 12732 of this title; or (B) after that date and before the end of the period described in subsection (b), com- pletes 15 years of service computed under that section; and (2) upon the request of the member sub- mitted to the Secretary, transfer the member to the Retired Reserve. (b) PERIOD OF AUTHORITY.—The period referred to in subsection (a)(1) is the period beginning on October 23, 1992, and ending on December 31, 2001. (c) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) The Secretary concerned may limit the applicability of subsection (a) to any category of personnel defined by the Secretary in order to meet a need of the armed force under the jurisdiction of the Secretary to reduce the number of members in certain grades, the num- ber of members who have completed a certain number of years of service, or the number of members who possess certain military skills or are serving in designated competitive cat- egories. (2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2713). (3) Notwithstanding the provisions of section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Sec- retary concerned may, consistent with the other provisions of this section, provide the notifica- tion required by section 12731(d) of this title to a member who no longer meets the qualifica- tions for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is the result of the member’s intentional misconduct, willful ne- glect, or willful failure to comply with stand- ards and qualifications for retention established by the Secretary concerned or was incurred dur- ing a period of unauthorized absence. (d) EXCLUSION.—This section does not apply to persons referred to in section 12731(c) of this title. Page 3705 TITLE 10—ARMED FORCES § 12732 (e) REGULATIONS.—The authority provided in this section shall be subject to regulations pre- scribed by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard. (Added Pub. L. 102–484, div. D, title XLIV, § 4417(a), Oct. 23, 1992, 106 Stat. 2716, § 1331a; amended Pub. L. 103–35, title II, § 201(f)(2), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title V, §§ 561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668, 1670; renumbered § 12731a and amended Pub. L. 103–337, div. A, title V, § 517, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2754, 2998, 3000; Pub. L. 104–106, div. A, title XV, § 1501(b)(21), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–261, div. A, title V, § 561(n)(2), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, § 1 [[div. A], title V, § 571(n)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes REFERENCES IN TEXT Section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 and section 4415(2) of the De- fense Conversion, Reinvestment, and Transition Assist- ance Act of 1992, referred to in subsec. (c)(2), (3), are sections 4414(a) and 4415(2) of Pub. L. 102–484, which are set out in a note under section 12681 of this title. AMENDMENTS 2002—Subsec. (e). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 2000—Subsec. (a)(1)(B). Pub. L. 106–398, § 1 [[div. A], title V, § 571(n)(2)(A)], substituted ‘‘the end of the pe- riod described in subsection (b)’’ for ‘‘October 1, 2001’’. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 571(n)(2)(B)], substituted ‘‘December 31, 2001’’ for ‘‘Oc- tober 1, 2001’’. 1998—Subsec. (a)(1)(B), (b). Pub. L. 105–261 substituted ‘‘October 1, 2001’’ for ‘‘October 1, 1999’’. 1996—Subsec. (c)(3). Pub. L. 104–106 inserted comma after ‘‘Defense Conversion’’. 1994—Pub. L. 103–337, § 1662(j)(1), renumbered section 1331a of this title as this section and amended text gen- erally, changing references to other sections. Subsec. (c)(3). Pub. L. 103–337, § 517, added par. (3) which read as follows: ‘‘Notwithstanding the provisions of section 4415(2) of the Defense Conversion Reinvest- ment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary con- cerned may, consistent with the other provisions of this section, provide the notification required by sec- tion 1331(d) of this title to a member who no longer meets the qualifications for membership in the Se- lected Reserve solely because the member is unfit be- cause of physical disability. Such notification may not be made if the disability is the result of the member’s intentional misconduct, willful neglect, or willful fail- ure to comply with standards and qualifications for re- tention established by the Secretary concerned or was incurred during a period of unauthorized absence.’’ 1993—Subsec. (a). Pub. L. 103–160, § 564(c)(1), sub- stituted ‘‘Secretary concerned’’ for ‘‘Secretary of a military department’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 103–160, § 561(f)(4)(A), sub- stituted ‘‘October 1, 1999’’ for ‘‘October 1, 1995’’. Subsec. (a)(2). Pub. L. 103–160, § 561(f)(4)(B), struck out ‘‘within one year after the date of the notification re- ferred to in paragraph (1)’’ after ‘‘to the Secretary’’. Subsec. (b). Pub. L. 103–160, § 561(f)(4)(C), substituted ‘‘October 1, 1999’’ for ‘‘October 1, 1995’’. Pub. L. 103–35 substituted ‘‘October 23, 1992,’’ for ‘‘the date of the enactment of the National Defense Author- ization Act for Fiscal Year 1993’’. Subsec. (c)(1). Pub. L. 103–160, § 564(c)(2), struck out ‘‘of the military department’’ after ‘‘The Secretary’’. Subsec. (e). Pub. L. 103–160, § 564(c)(3), inserted before period at end ‘‘and by the Secretary of Transportation with respect to the Coast Guard’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1662(j)(1) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12731b. Special rule for members with physical disabilities not incurred in line of duty (a) In the case of a member of the Selected Re- serve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Sec- retary concerned may, for purposes of section 12731 of this title, determine to treat the mem- ber as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by sub- section (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title. (b) Notification under subsection (a) may not be made if— (1) the disability was the result of the mem- ber’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or (2) the disability was incurred during a pe- riod of unauthorized absence. (Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.) § 12732. Entitlement to retired pay: computation of years of service (a) Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under section 12731 of this title, the person’s years of service are computed by adding the following: (1) The person’s years of service, before July 1, 1949, in the following: (A) The armed forces. (B) The federally recognized National Guard before June 15, 1933. (C) A federally recognized status in the National Guard before June 15, 1933. (D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National