10 U.S.C. § 12731b — Special rule for members with physical disabilities not incurred in line of duty
submitted 27 years ago by Pub. L. 106-65 to r/title-10-ARMED-FORCES · 155 words · no verdicts yet
A Selected Reserve member unfit only from physical disability can still qualify for retired pay. This applies if they have at least 15 years of service under section 12732. It does not apply if the disability came from misconduct or an unauthorized absence.
In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned* may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.
Notification under subsection (a) may not be made if—
the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or
the disability was incurred during a period of unauthorized absence.
Source credit: (Added Pub. L. 106–65, div. A, title VI, § 653(b)(1), Oct. 5, 1999, 113 Stat. 666.)
- 1999Enacted · Pub. L. 106-65 · 113 Stat. 666
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.
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