§ 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement

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. 2000

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

   Enacted · 10 U.S.C. § 12741

   Added Pub. L. 106–398, § 1 [[div. A], title VI, § 653(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–164

   Source evidence

   Code source credit
   Added Pub. L. 106–398, § 1 [[div. A], title VI, § 653(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–164

   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.

2. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title X § 1048(a)(31) · 115 Stat. 1012

   Substituted · 10 U.S.C. § 12741(a)(2)

   Pub. L. 107–107 substituted “receive” for “received”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 107–107 substituted “receive” for “received”.

   Enacted provision · exact public law section
   (31) Section 12741(a)(2) is amended by striking “received” and inserting “receive”.

3. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title X § 1071(a)(41) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 12741(c); 10 U.S.C. § 12741(d)

   Pub. L. 109–364 substituted “subsection (a)” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 109–364 substituted “subsection (a)” for “subsection (b)”.

   Enacted provision · exact public law section
   (41) Section 12741 is amended by striking “under subsection (b)” in subsections (c) and (d) and inserting “under subsection (a)”.

4. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 643(e)(1) · 123 Stat. 2190

   Substituted · 10 U.S.C. § 12741

   Pub. L. 111–84, § 643(e)(1), substituted “Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement” for “Retirement from active reserve service performed after regular retirement” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–84, § 643(e)(1), substituted “Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement” for “Retirement from active reserve service performed after regular retirement” in section catchline.

   Enacted provision · exact public law section
   (1) Section heading.— The heading for section 12741 of such title is amended to read as follows: “§ 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement” .

5. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 643(a) · 123 Stat. 2190

   Amended · 10 U.S.C. § 12741(a)

   Pub. L. 111–84, § 643(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–84, § 643(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

   “(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 receive 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.”

   Enacted provision · exact public law section
   (a) Election Authority; Requirements.— Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows: “(a) Authority to Elect to Receive Reserve Retired Pay.— (1) Notwithstanding the requirement 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 867 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 (excluding any period of active service). “(2) The 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 adjutant 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.” .

6. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 643(b) · 123 Stat. 2190

   1. Added · 10 U.S.C. § 12741(b)(1)

      Pub. L. 111–84, § 643(b), added par. (1)

   2. Struck · 10 U.S.C. § 12741(b)(1)

      Pub. L. 111–84, § 643(b), struck out former par. (1) which read as follows: “terminate the person’s entitlement to retired or retainer pay under the applicable chapter of this title referred to in subsection (a); and”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 111–84, § 643(b), added par. (1) and struck out former par. (1) which read as follows: “terminate the person’s entitlement to retired or retainer pay under the applicable chapter of this title referred to in subsection (a); and”.

   Enacted provision · exact public law section
   (b) Actions to Effectuate Election.— Subsection (b) of such section is amended by striking 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” .

7. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 643(c)(1) · 123 Stat. 2190

   Substituted · 10 U.S.C. § 12741(d)(1)

   Pub. L. 111–84, § 643(c)(1), substituted “attains the eligibility age applicable to the person under section 12731(f) of this title” for “attains 60 years of age”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 111–84, § 643(c)(1), substituted “attains the eligibility age applicable to the person under section 12731(f) of this title” for “attains 60 years of age”.

   Enacted provision · exact public law section
   (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

8. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 § 643(c)(2) · 123 Stat. 2190

   Substituted · 10 U.S.C. § 12741(d)(2)(A)

   Pub. L. 111–84, § 643(c)(2), substituted “attains the eligibility age applicable to the person under such section” for “attains 60 years of age”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A). Pub. L. 111–84, § 643(c)(2), substituted “attains the eligibility age applicable to the person under such section” for “attains 60 years of age”.

   Enacted provision · exact public law section
   (2) in paragraph (2)(A), by striking “attains 60 years of age” and inserting “attains the eligibility age applicable to the person under such section”.

9. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 12741(a)(1)

   Pub. L. 115–232 substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867” in introductory provisions and in subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–232 substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867” in introductory provisions and in subpar. (B).

   Enacted provision · exact public law section
   (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

10. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 12741(b)(1)

    Pub. L. 115–232 substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–232 substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

11 of 11 references resolved to an enrolled provision