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 eligible for retirement under chapter 65, 741, 841, or 941 of this title (without regard to whether the person actually retired or re- ceived retired or retainer pay under one of those chapters); and (C) completed not less than two years of sat- isfactory service (as determined by the Sec- retary concerned) in such active status (ex- cluding any period of active service). (2) The Secretary concerned may reduce the minimum two-year service requirement speci- fied 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 or in a position of assist- ant adjutant general subordinate to such a po- sition 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 va- cated as described in section 324(b) of title 32. (b) ACTIONS TO EFFECTUATE ELECTION.—As of the effective date of an election made by a per- son under subsection (a), the Secretary con- cerned 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 entitle- ment 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 of- ficer, transfer the officer to the Retired Re- serve. (c) TIME AND FORM OF ELECTION.—An election under subsection (a) shall be made within such time and in such form as the Secretary con- cerned 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 eli- gibility age applicable to the person under sec- tion 12731(f) of this title, if the Secretary con- cerned 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. (Added Pub. L. 106–398, § 1 [[div. A], title VI, § 653(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–164; amended Pub. L. 107–107, div. A, title X, § 1048(a)(31), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 109–364, div. A, title X, § 1071(a)(41), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–84, div. A, title VI, § 643(a)–(c), (e)(1), Oct. 28, 2009, 123 Stat. 2366, 2367; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–232 substituted ‘‘chap- ter 65, 741, 841, or 941’’ for ‘‘chapter 65, 367, 571, or 867’’ in introductory provisions and in subpar. (B). Subsec. (b)(1). Pub. L. 115–232 substituted ‘‘chapter 65, 741, 841, or 941’’ for ‘‘chapter 65, 367, 571, or 867’’. 2009—Pub. L. 111–84, § 643(e)(1), substituted ‘‘Retire- ment for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement’’ for ‘‘Retirement from active reserve service performed after regular retirement’’ in section catchline. Subsec. (a). Pub. L. 111–84, § 643(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘(a) ELECTION OF RESERVE RETIRED PAY.—A person who, after becoming entitled to retired or retainer pay under chapter 65, 367, 571, or 867 of this title, serves in an active status in a reserve component is entitled to retired pay under this chapter if— ‘‘(1) the person would, but for paragraphs (3) and (4) of section 12731(a) of this title, otherwise be entitled to retired pay under this chapter; ‘‘(2) the person elects under this section to receive retired pay under this chapter; and Page 3715 TITLE 10—ARMED FORCES § 12773 ‘‘(3) the person’s service in an active status after having become entitled to retired or retainer pay under that chapter is determined by the Secretary concerned to have been satisfactory.’’ Subsec. (b)(1). Pub. L. 111–84, § 643(b), added par. (1) and struck out former par. (1) which read as follows: ‘‘terminate the person’s entitlement to retired or re- tainer pay under the applicable chapter of this title re- ferred to in subsection (a); and’’. Subsec. (d)(1). Pub. L. 111–84, § 643(c)(1), substituted ‘‘attains the eligibility age applicable to the person under section 12731(f) of this title’’ for ‘‘attains 60 years of age’’. Subsec. (d)(2)(A). Pub. L. 111–84, § 643(c)(2), substituted ‘‘attains the eligibility age applicable to the person under such section’’ for ‘‘attains 60 years of age’’. 2006—Subsecs. (c), (d). Pub. L. 109–364 substituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’. 2001—Subsec. (a)(2). Pub. L. 107–107 substituted ‘‘re- ceive’’ for ‘‘received’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Pub. L. 106–398, § 1 [[div. A], title VI, § 653(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165, provided that: ‘‘Section 12741 of title 10, United States Code, as added by sub- section (a), shall take effect 180 days after the date of the enactment of this Act [Oct. 30, 2000] and shall apply with respect to retired pay payable for months begin- ning on or after that effective date.’’ CHAPTER 1225—RETIRED GRADE Sec. 12771. Reserve officers: grade on transfer to Retired Reserve. 12772. Reserve commissioned officers who have served as Attending Physician to the Con- gress: grade on transfer to Retired Reserve. 12773. Limitation on accrual of increased pay or benefits. 12774. Retired lists. § 12771. Reserve officers: grade on transfer to Re- tired Reserve (a) GRADE ON TRANSFER.—Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a com- missioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by section 12774(a) of this title in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with section 1370a of this title, in the armed force in which he is serving on the date of transfer. (b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE STATUS.—(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is en- titled to an adjustment in the retired grade of the member in the manner provided in section 1370a of this title. (2) The Secretary concerned may reduce the two-year service requirement specified in para- graph (1) in the case of a member who— (A) is recalled to serve in a position of adju- tant general required under section 314 of title 32 or in a position of assistant adjutant gen- eral subordinate to such a position of adjutant general; (B) completes at least one year of service in such position; and (C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32. (Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005; amended Pub. L. 111–84, div. A, title VI, § 642(b), Oct. 28, 2009, 123 Stat. 2365; Pub. L. 116–283, div. A, title V, § 508(b)(5), Jan. 1, 2021, 134 Stat. 3585.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1374(b), (f) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2). AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 508(b)(5)(A), sub- stituted ‘‘section 1370a of this title’’ for ‘‘section 1370(d)’’. Subsec. (b)(1). Pub. L. 116–283, § 508(b)(5)(B), sub- stituted ‘‘section 1370a’’ for ‘‘section 1370(d)’’. 2009—Pub. L. 111–84 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12772. Reserve commissioned officers who have served as Attending Physician to the Con- gress: grade on transfer to Retired Reserve Unless entitled to a higher grade under an- other provision of law, a reserve commissioned officer who is transferred to the Retired Reserve after having served in the position of Attending Physician to the Congress is entitled to be placed on the retired list established by section 12774(a) of this title in the grade held by the offi- cer while serving in that position. (Added Pub. L. 103–337, div. A, title XVI, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1374(e) of this title, prior to repeal by Pub. L. 103–337, § 1662(k)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12773. Limitation on accrual of increased pay or benefits Unless otherwise provided by law, no person is entitled to increased pay or other benefits be- cause of sections 12771 and 12772 of this title.