Page:United States Statutes at Large Volume 123.djvu/2386

 123STA T . 23 6 6 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (C)failstoc o mp l e tet h emi n im u mt w o y ea r sofser v ice solely b ecause the appointment of the member to such position is terminate d or vacated as described in section 324 (b) of title 32 .’ ’. SEC.643 .E L EC TION TO R ECEI V E RETIRE DPAYF OR NON - RE GU LAR SERVICE UPON RETIRE M ENT FOR SERVICE IN AN ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING ELIGI- B ILITY FOR REGULAR RETIREMENT. (a) ELECTIONAU T H O R IT Y;R E Q UIRE M ENT S . —S ubsection (a) of section 1 2 7 41 of title 1 0,U nited States Code, is amended to read as follows ‘‘(a) AUTHORITY TO ELECT TO RECEI V E RESERVE RETIRE DPA Y.— (1) N otwithstandin g the re q uirement in paragraph (4) of section 12731(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 8 67 of this title, if the person— ‘‘(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter; ‘‘( B ) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and ‘‘(C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (e x cluding any period of active service). ‘‘(2) T he Secretary concerned may reduce the minimum two - year service requirement specified in paragraph (1)(C) in the case of a person who— ‘‘(A) completed at least one year of service in a position of ad j utant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and ‘‘(B) failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.’’. (b) ACTIONS TO E F FECTUATE ELECTION.—Subsection (b) of such section is amended by stri k ing paragraph (1) and inserting the following new paragraph: ‘‘(1) terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and’’. (c) CONFORMIN G AMENDMENT TO REFLECT NE WV ARIA B LE AGE REQUIREMENT FOR RETIREMENT.—Subsection (d) of such section is amended— (1) in paragraph (1), by striking ‘‘attains 60 years of age’’ and inserting ‘‘attains the eligibility age applicable to the person under section 12731(f) of this title’’; and