Page:United States Statutes at Large Volume 106 Part 3.djvu/621

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2415 (B) by striking out "provided" and all that follows and inserting in lieu thereof "available in appropriations for military personnel for fisc£d year 1993."; and (2) in subsection (d), by striking out "not later than" and all that follows and inserting in lieu thereof "not later than September 30, 1993. ". SEC. 544. MILITARY RESERVE TECHNICIAN& (a) IN GENERAL.— Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: "(a) For the purpose of this section, the term 'military reserve technician' has the meaning given such term by section 8401(30). "(b) The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily sep£U'ated from technician service, after completing at least 15 years of such service and 20 years of service creditable under section 1332 of title 10, by reason of ceasing to satisfy the condition described in section 8401(30XB) shall, if appropriate written application is submitted within 1 year after the date of separation, be 'offered a position described in subsection (c) not later than 6 months after the date of the application. " (c) The position to be offered shall be a position— "(1) in the competitive service; "(2) within the Department of Defense; "(3) for which the individual is qualified; and "(4) the rate of basic pay for which is not less than the rate last received for technician service before separation. "(d) This section shall not apply in the case of— "(1) an involimtary separation for cause on charges of misconduct or delinquency; or "(2) a technician who, as of the date of application under this section, is eligible for immediate (including for disability) or early retirement under subchapter III of chapter 83 or under chapter 84. "(e) The Secretary of Defense shall, in consultation with the Regulations. Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.". (b) CLERICAL AMENDMENT. —The table of sections for chapter 33 of title 5, United States Code, is amended by adding after the item relating to section 3328 the following: "3329. Appointments of military reserve technicians to positions in the competitive service.". SEC. 545. AIR RESERVE TECHNICIANS. The Secretary of the Air Force shall carry out the High-Year Tenure (HYT) program of the Air Force Reserve so as not to require the removal of an Air Reserve technician from active status as a Reservist before attaining age 60 if the technician has a total of not less than 33 years of active duty and reserve military service before January 1, 1992, and who is otherwise qualified for retention as an Air Reserve technician.
 * § 3329. Appointments of military reserve technicians to positions in the competitive service

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