10 U.S.C. § 12686 — Reserves on active duty within two years of retirement eligibility: limitation on release from active duty
submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 208 words · no verdicts yet
A reserve member close to earning military retirement pay usually cannot be forced off active duty early. They can only be released before then if the Secretary approves it. For short tours under 180 days, the Secretary can require the member to give up this protection first.
(a) Limitation: The Secretary concerned* must write regulations, kept as uniform as practical, covering this rule. Under it, a reserve member on active duty* (not counting training duty) who is within two years of qualifying for retired pay* or retainer pay under a purely military retirement system -- other than the system in chapter 1223 -- cannot be involuntarily released from active duty before they qualify for that pay. The only exception is if the Secretary approves the release.
(b) Waiver: This protection normally covers a member ordered to active duty (not for training) under section 12301. But if that order to active duty is for less than 180 days, the Secretary concerned may require the member to waive subsection (a)'s protection for that period, as a condition of the order. The Secretary can also require the member to sign that waiver before the active-duty period even starts.
Under regulations to be prescribed by the Secretary concerned*, which shall be as uniform as practicable, a member of a reserve component who is on active duty* (other than for training) and is within two years of becoming eligible for retired pay* or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title), may not be involuntarily released from that duty before he becomes eligible for that pay, unless the release is approved by the Secretary.
With respect to a member of a reserve component who is to be ordered to active duty (other than for training) under section 12301 of this title pursuant to an order to active duty that specifies a period of less than 180 days and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require, as a condition of such order to active duty, that the member waive the applicability of subsection (a) to the member for the period of active duty covered by that order. In carrying out this subsection, the Secretary concerned may require that a waiver under the preceding sentence be executed before the period of active duty begins.
Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1662(i)(1), Oct. 5, 1994, 108 Stat. 2998; amended Pub. L. 104–201, div. A, title V, § 533, Sept. 23, 1996, 110 Stat. 2520; Pub. L. 108–375, div. A, title V, § 522, Oct. 28, 2004, 118 Stat. 1888.)
- 1994Enacted · Pub. L. 103-337 · 108 Stat. 2998
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2520
- 2004Amended · Pub. L. 108-375 · 118 Stat. 1888
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.
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