10 U.S.C. § 12305 — Authority of President to suspend certain laws relating to promotion, retirement, and separation
submitted 43 years ago by Pub. L. 98-94 to r/title-10-ARMED-FORCES · 254 words · no verdicts yet
The President can suspend promotion or retirement rules for reservists on certain call-ups. This applies only to members essential to national security, and ends when the call-up ends. Delayed officers then get up to 90 extra days before separation or retirement.
(a) Despite any other law, while reserve members are serving active duty* under a call-up order made under section 12301, 12302, or 12304 of this title, the President can suspend any law about promotion, retirement, or separation for any armed forces* member the President decides is essential to national security.
(b) That suspension ends either when the reserve members called up under section 12301, 12302, or 12304 are released from active duty, or when the President decides the circumstances that required the call-up no longer exist -- whichever happens first.
(c) When a suspension ends, if it had been delaying an officer's otherwise-required separation or retirement (because of age, years of service, or failing promotion), the responsible Secretary must extend that officer's separation or retirement date by up to 90 days, for any officer* whose date would otherwise have fallen before the suspension ended or within 90 days after it ended.
Notwithstanding any other provision of law, during any period members of a reserve component are serving on active duty* pursuant to an order to active duty under authority of section 12301, 12302, or 12304 of this title, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces* who the President determines is essential to the national security of the United States.
A suspension made under the authority of subsection (a) shall terminate (1) upon release from active duty of members of the reserve component ordered to active duty under the authority of section 12301, 12302, or 12304 of this title, as the case may be, or (2) at such time as the President determines the circumstances which required the action of ordering members of the reserve component to active duty no longer exist, whichever is earlier.
Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade*, or failure of selection for promotion, the Secretary concerned* shall extend by up to 90 days the otherwise required separation or retirement date of any officer* covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination.
Source credit: (Added Pub. L. 98–94, title X, § 1021(a), Sept. 24, 1983, 97 Stat. 670, § 673c; amended Pub. L. 98–525, title XIV, § 1405(16), Oct. 19, 1984, 98 Stat. 2622; renumbered § 12305 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(3), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 107–107, div. A, title V, § 508(a), Dec. 28, 2001, 115 Stat. 1090.)
- 1983Enacted · Pub. L. 98-94 · 97 Stat. 670
- 1984Amended · Pub. L. 98-525 · 98 Stat. 2622
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2992, 3017
- 2001Amended · Pub. L. 107-107 · 115 Stat. 1090
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-94 on 1983-09-24.
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