Page:United States Statutes at Large Volume 114 Part 3.djvu/206

 114 STAT. 1654A-164 PUBLIC LAW 106-398—APPENDIX "(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001; and "(C) 90 days in the year of service that includes the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and in any subsequent year of service.". SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGU- LAR RETIREMENT. (a) CONVERSION TO RESERVE RETIREMENT. — (1) Chapter 1223 of title 10, United States Code, is amended by adding at the end the following new section: "§ 12741. Retirement from active reserve service performed after regular retirement "(a) ELECTION OF RESERVE RETIRED PAY. —^A person who, after becoming entitled to retired or retainer pay under chapter 65, 367, 571, or 867 of this title, serves in an active status in a reserve component is entitled to retired pay under this chapter if— "(1) the person would, but for paragraphs (3) and (4) of section 12731(a) of this title, otherwise be entitled to retired pay under this chapter; "(2) the person elects under this section to received retired pay under this chapter; and "(3) the person's service in an active status after having become entitled to retired or retainer pay under that chapter is determined by the Secretary concerned to have been satisfactory. "(b) ACTIONS TO EFFECTUATE ELECTION. — As of the effective date of an election made by a person under subsection (a), the Secretary concerned shall— "(1) terminate the person's entitlement to retired or retainer pay under the applicable chapter of this title referred to in subsection (a); and "(2) in the case of a reserve commissioned officer, transfer the officer to the Retired Reserve. "(c) TIME AND FORM OF ELECTION. — An election under subsection (b) shall be made within such time and in such form as the Secretary concerned requires. "(d) EFFECTIVE DATE OF ELECTION. — An election made by a person under subsection (b) shall be effective— "(1) except as provided in paragraph (2)(B), as of the date on which the person attains 60 years of age, if the Secretary concerned receives the election in accordance with this section within 180 days after that date; or "(2) on the first day of the first month that begins after the date on which the Secretary concerned receives the election in accordance with this section, if— "(A) the date of the receipt of the election is more than 180 days after the date on which the person attains 60 years of age; or "(B) the person retires from service in an active status within that 180-day period.".

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