Sec. 502. AUTHORITY FOR THREE-MONTH DEFERRAL OF RETIREMENT FOR OFFICERS SELECTED FOR SELECTIVE EARLY RETIREMENT
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## SEC. 502 AUTHORITY FOR THREE-MONTH DEFERRAL OF RETIREMENT FOR OFFICERS SELECTED FOR SELECTIVE EARLY RETIREMENT ###
(a)Warrant Officers Section 581(e) of title 10, United States Code, is amended— ####
(1)by inserting “(1)” before “The Secretary concerned”; ####
(2)by striking “90 days” and inserting “three months”; and ####
(3)by adding at the end the following new paragraph: > > #### “(2) > > An officer recommended for early retirement under this section, if approved for deferral under paragraph (1), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.” > . ###
(b)Officers on the Active-duty List **[**[10 U.S.C. 638](/us/usc/t10/s638)**]** Section 638(b) of such title is amended— ####
(1)by striking paragraph
(1)and inserting the following new paragraph: > > #### “(1) > > > #####
(A)> > An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under this section or section 638a of this title and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. > > > ##### “(B) > > If an officer described in subparagraph
(A)is not eligible for retirement under any provision of law, the officer shall be retained on active duty until the officer is qualified for retirement under section 3911, 6323, or 8911 of this title, and then be retired under that section, unless the officer is sooner retired or discharged under some other provision of law, with such retirement under that section occurring not later than the later of the following: > > > ###### “(i) > > The first day of the month beginning after the month in which the officer becomes qualified for retirement under that section. > > > ###### “(ii) > > The first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.” > ; and ####
(2)in paragraph (3)— #####
(A)by inserting “(A)” before “The Secretary concerned”; #####
(B)by striking “90 days” and inserting “three months”; and #####
(C)by adding at the end the following new subparagraphs: > > ##### “(B) > > An officer recommended for early retirement under paragraph (1)(A) or section 638a of this title, if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. > > > ##### “(C) > > The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under paragraph (1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. > > > ##### “(D) > > An officer recommended for early retirement under paragraph (2), if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.” > .
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Sec. 502
AUTHORITY FOR THREE-MONTH DEFERRAL OF RETIREMENT FOR OFFICERS SELECTED FOR SELECTIVE EARLY RETIREMENT
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