§ 10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Pub. L. 106–65 div. A title V § 522(a)(1) · 113 Stat. 512

   Enacted · 10 U.S.C. § 10218

   Added Pub. L. 106–65, div. A, title V, § 522(a)(1), Oct. 5, 1999, 113 Stat. 595

   Source evidence

   Code source credit
   Added Pub. L. 106–65, div. A, title V, § 522(a)(1), Oct. 5, 1999, 113 Stat. 595

   Enacted provision · exact public law section
   (1) Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section: “§ 10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws “(a) Separation and Retirement of Military Technicians (Dual Status).— (1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after the date of the enactment of this section loses dual status is subject to paragraph (2) or (3), as the case may be. “(2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity, the technician shall be separated not later than 30 days after the date on which dual status is lost. “(3) (A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity, the technician shall be offered the opportunity to— “(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or “(ii) apply for a civil service position that is not a technician position. “(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician— “(i) shall not be permitted, after the end of the one-year period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and “(ii) shall be separated or retired— “(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity; and “(II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost. “(4) For purposes of this subsection, a military technician is considered to lose dual status upon— “(A) being separated from the Selected Reserve; or “(B) ceasing to hold the military grade specified by the Secretary concerned for the position held by the technician. “(b) Non-Dual Status Technicians.— (1) An individual who on the date of the enactment of this section is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity shall be separated not later than six months after the date of the enactment of this section. “(2) (A) An individual who on the date of the enactment of this section is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is not eligible for an unreduced annuity shall be offered the opportunity to— “(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or “(ii) apply for a civil service position that is not a technician position. “(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician— “(i) shall not be permitted, after the end of the one-year period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and “(ii) shall be separated or retired— “(I) in the case of a technician first hired as a technician on or before February 10, 1996, and who on the date of the enactment of this section is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity; and “(II) in the case of a technician first hired as a technician after February 10, 1996, and who on the date of the enactment of this section is a non-dual status technician, not later than one year after the date on which dual status is lost. “(3) An individual employed by the Army Reserve or the Air Force Reserve as a non-dual status technician who is ineligible for appointment to a military technician (dual status) position, or who decides not to apply for appointment to such a position, or who, within six months of the date of the enactment of this section is not appointed to such a position, shall for reduction-in-force purposes be in a separate competitive category from employees who are military technicians (dual status). “(c) Unreduced Annuity Defined.— For purposes of this section, a technician shall be considered to be eligible for an unreduced annuity if the technician is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that is not subject to a reduction by reason of the age or years of service of the technician. “(d) Voluntary Personnel Action Defined.— In this section, the term ‘voluntary personnel action’, with respect to a non-dual status technician, means any of the following: “(1) The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status). “(2) Promotion to a higher grade if the technician is in a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).”.

2. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 10218(a)(1)

   Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “October 5, 1999,” for “the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “October 5, 1999,” for “the date of the enactment of this section”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

3. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Inserted · 10 U.S.C. § 10218(a)(2)

   Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(A)], inserted “and is age 60 or older at that time” after “unreduced annuity”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(A)], inserted “and is age 60 or older at that time” after “unreduced annuity”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

4. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Inserted · 10 U.S.C. § 10218(a)(3)(A)

   Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(B)], inserted “or is under age 60 at that time” after “unreduced annuity” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(B)], inserted “or is under age 60 at that time” after “unreduced annuity” in introductory provisions.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

5. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 10218(a)(3)(B)(i)

   Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(B)], substituted “October 5, 2000” for “the end of the one-year period beginning on the date of the enactment of this subsection”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B)(i). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(B)], substituted “October 5, 2000” for “the end of the one-year period beginning on the date of the enactment of this subsection”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

6. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Inserted · 10 U.S.C. § 10218(a)(3)(B)(ii)(I)

   Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B)(ii)(I). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Substituted · 10 U.S.C. § 10218(b)(1)

      Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A), (C)], substituted “October 5, 1999,” for “the date of the enactment of this section”

   2. Substituted · 10 U.S.C. § 10218(b)(1)

      Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A), (C)], substituted “April 5, 2000” for “six months after the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A), (C)], substituted “October 5, 1999,” for “the date of the enactment of this section” and “April 5, 2000” for “six months after the date of the enactment of this section”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

8. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Inserted · 10 U.S.C. § 10218(b)(1)

   Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(A)], inserted “and is age 60 or older” after “unreduced annuity”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(A)], inserted “and is age 60 or older” after “unreduced annuity”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

9. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 10218(b)(2)(A)

   Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “October 5, 1999,” for “the date of the enactment of this section” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “October 5, 1999,” for “the date of the enactment of this section” in introductory provisions.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

10. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 10 U.S.C. § 10218(b)(2)(A)

    Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(B)], inserted “or is under age 60” after “unreduced annuity” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(B)], inserted “or is under age 60” after “unreduced annuity” in introductory provisions.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

11. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 10218(b)(2)(B)(i)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(B)], substituted “October 5, 2000” for “the end of the one-year period beginning on the date of the enactment of this subsection”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(i). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(B)], substituted “October 5, 2000” for “the end of the one-year period beginning on the date of the enactment of this subsection”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

12. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 10218(b)(2)(B)(ii)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “October 5, 1999,” for “the date of the enactment of this section” in subcls. (I) and (II)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “October 5, 1999,” for “the date of the enactment of this section” in subcls. (I) and (II).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

13. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 10 U.S.C. § 10218(b)(2)(B)(ii)(I)

    Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii)(I). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

14. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 10218(b)(3)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(D)], substituted “during the period beginning on October 5, 1999, and ending on April 5, 2000,” for “within six months of the date of the enactment of this section”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(D)], substituted “during the period beginning on October 5, 1999, and ending on April 5, 2000,” for “within six months of the date of the enactment of this section”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

15. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title V § 514(b) · 125 Stat. 1298

    Substituted · 10 U.S.C. § 10218(a)(3)(A)(i)

    Pub. L. 112–81 substituted “if qualified may be appointed” for “if qualified be appointed”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(i). Pub. L. 112–81 substituted “if qualified may be appointed” for “if qualified be appointed”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 10218(a)(3)(A)(i) of such title is amended by striking “if qualified be appointed” and inserting “if qualified may be appointed”.

16 of 16 references resolved to an enrolled provision