Page:United States Statutes at Large Volume 113 Part 1.djvu/690

 113 STAT. 666 PUBLIC LAW 106-65—OCT. 5, 1999 (as added by subsection (c)) shall apply with respect to releases from service described in those sections on or after October 1, 1999. (e) CONFORMING AMENDMENTS TO PRIOR LAW. —Sections 3681(b), 6141(b), and 8681(b) of title 10, United States Code, and section 516(b) of title 14, United States Code, are each amended by striking "under this section" and all that follows through the period and inserting "under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.". SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH PRE-EXISTING CONDITIONS. (a) DISABILITY RETIREMENT. —(1) Chapter 61 of title 10, United States Code, is amended by inserting after section 1207 the following new section: "§ 1207a. Members with over eight years of active service: eligibility for disability retirement for preexisting conditions "(a) In the case of a member described in subsection (b) who would he covered by section 1201, 1202, or 1203 of this title but for the fact that the member's disability is determined to have been incurred before the member became entitled to basic pay in the member's current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty. "(b) A member described in subsection (a) is a member with at least eight years of active service.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1207 the following new item: "1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions.". (b) NONREGULAR SERVICE RETIREMENT. — (1) Chapter 1223 of such title is amended by inserting after section 12731a the following new section: '*§ 12731b. Special rule for members with physical disabilities not incurred in line of duty "(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title. "(b) Notification under subsection (a) may not be made if— "(1) the disability was the result of the member's intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or

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