§ 4416. FORCE REDUCTION PERIOD RETIREMENTS.
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Temporary Special Authority for Elimination of Officers From Active Status .— During the force reduction transition period, the Secretary of the Army and the Secretary of the Air Force may, whenever the Secretary determines that such action is necessary, convene a board to recommend an appropriate number of officers in the reserve components of the Army or the Air Force, as the case may be, who
(A)have met the age and service requirements specified in section 12731 of title 10 , United States Code, for entitlement to retired pay for nonregular service except for not being at least 60 years of age, or
(B)are immediately eligible for retired pay based on military service under any provision of law, for elimination from an active status. An officer who is to be eliminated from an active status under this section, shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if the officer requests it, shall be so transferred. If the officer is not transferred to the Retired Reserve, the officer shall, in the discretion of the Secretary concerned, be transferred to the appropriate inactive status list or be discharged. A member of the Army National Guard of the United States or the Air National Guard of the United States may not be eliminated from an active status under this section without the consent of the Governor or other appropriate authority of the State or territory, Puerto Rico, or the District of Columbia, whichever is concerned. Temporary Special Authority .— During the force reduction transition period, the Secretary concerned may grant a member of the Selected Reserve under the age of 60 years the annual payments provided for under this section if— as of October 1, 1991 , that member has completed at least 20 years of service computed under section 1332 of title 10 , United States Code, or after that date and before the end of the force reduction transition period, such member completes 20 years of service computed under that section or section 12732; the member satisfies the requirements of paragraphs
(3)and
(4)of section 1331(a) or 12731(a) of title 10, United States Code; and the member applies for transfer to the Retired Reserve. Pub. L. 103–160, div. A, title V, § 561(f)(2)(B) , Nov. 30, 1993 , 107 Stat. 1667 .] Annual Payment Period .— An annual payment granted to a member under this section shall be paid for a period of years prescribed by the Secretary concerned, except that if the member attains 60 years of age during that period the entitlement to the annual payment shall terminate on the member’s 60th birthday. A period prescribed for purposes of this subsection may not be less than one year nor more than five years. Computation of Annual Payment .— The annual payment for a member shall be equal to the amount determined by multiplying the product of 12 and the applicable percent under paragraph
(2)by the monthly basic pay to which the member would be entitled if the member were serving on active duty as of the date the member is transferred to the Retired Reserve. Subject to subparagraph
(B)the percent applicable to a member for purposes of paragraph
(1)is 5 percent plus 0.5 percent for each full year of service, computed under section 12732 of title 10 , United States Code, that a member has completed in excess of 20 years before transfer to the Retired Reserve. The maximum percent applicable under this paragraph is 10 percent. In the case of a member who will attain 60 years of age during the 12-month period following the date on which an annual payment is due, the payment shall be paid on a prorated basis of one-twelfth of the annual payment for each full month between the date on which the payment is due and the date on which the member attains age 60. Applicability Subject to Needs of the Service .— Subject to regulations prescribed by the Secretary of Defense, the Secretary concerned may limit the applicability of this section to any category of personnel defined by the Secretary concerned in order to meet a need of the armed force under the jurisdiction of the Secretary concerned to reduce the number of members in certain grades, the number 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 categories. A limitation under paragraph
(1)shall be consistent with the purpose set forth in section 4414(a). Nonduplication of Benefits .— A member transferred to the Retired Reserve under the authority of section 12731a of title 10 , United States Code (as added by section 4417), may not be paid annual payments under this section. Funding .— To the extent provided in appropriations Acts, payments under this section in a fiscal year shall be made out of amounts available to the Department of Defense for that fiscal year for the pay of reserve component personnel.
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- Pub. L. 103-160
- 107 Stat. 1667
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§ 4416
FORCE REDUCTION PERIOD RETIREMENTS.
U.S.C.×1
Pub. L.Pub. L. 103-160
Stat.107 Stat. 1667
Cites 2Cited by 1 across 1 source