Page:United States Statutes at Large Volume 108 Part 4.djvu/365

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2999 "§ 12731. Age and service requirements "(a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person— "(1) is at least 60 years of age; "(2) has performed at least 20 years of service computed under section 12732 of this title; "(3) performed the last eight years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and "(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. "(b) Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Transportation, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served. "(c)(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by section 12732(a)(1) of this title except a regular component, is not eligible for retired pay under this chapter unless— "(A) the person performed active duty during World War I or World War II; or "(B) the person performed active duty (other than for training) during the Korean conflict, the Berlin crisis, or the Vietnam era. "(2) In this subsection: "(A) The term 'World War F means the period beginning on April 6, 1917, and ending on November 11, 1918. "(B) The term 'World War 11' means the period beginning on September 9, 1940, and ending on December 31, 1946. "(C) The term 'Korean conflict' means the period beginning on June 27, 1950, and ending on July 27, 1953. "(D) The term 'Berlin crisis' means the period beginning on August 14, 1961, and ending on May 30, 1963. "(E) The term 'Vietnam era' means the period beginning on August 5, 1964, and ending on March 27, 1973. "(d) The Secretary concerned shall notify each person who Notification, has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the Survivor Benefit Plan established under subchapter II of chapter 73 of this title and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter, and the effects of such elections. "(e) Notwithstanding section 8301 of title 5, the date of entitlement to retired pay under this section shall be the date on which the requirements of subsection (a) have been completed. "(f) In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on the date of the enactment of this subsection and ending on September 30, 1999, the provisions of subsection (a)(3) shall be applied by substituting 'the last six years' for 'the last eight years'.

�