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

(a) Authority to elect reserve retired pay (1) Even though section 12731(a)(4) normally blocks someone from getting retired pay under this chapter while they are entitled to retired or retainer pay under another law, a person may still elect to receive retired pay under this chapter instead of retired or retainer pay under chapter 65, 741, 841, or 941, if they (A) meet the requirements in section 12731(a)(1) and (2); (B) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible to retire under one of those other chapters (whether or not they actually retired or drew pay under it); and (C) completed at least two years of satisfactory service (as the Secretary concerned determines) in that active status, not counting any period of active service. (2) The Secretary concerned may shorten that two-year requirement for a person who (A) completed at least one year of service as adjutant general (required under section 314 of title 32) or as assistant adjutant general subordinate to that position, and (B) failed to complete the full two years only because their appointment to that position ended or was vacated as described in section 324(b) of title 32. (b) What happens once the election is made: as of the election's effective date, the Secretary concerned must (1) end the person's ability to retire under chapter 65, 741, 841, or 941 (if not already retired under one of those), and end their retired or retainer pay under whichever chapter they were drawing it from; and (2) if the person is a reserve commissioned officer, transfer them to the Retired Reserve. (c) Timing and form: The election must be made within the time limit and in the form the Secretary concerned requires. (d) When the election takes effect: (1) Except as paragraph (2)(B) provides, the election takes effect on the date the person reaches the eligibility age that applies to them under section 12731(f), as long as the Secretary concerned receives the election within 180 days after that date; or (2) it takes effect on the first day of the first month after the Secretary concerned receives the election, if either (A) the election arrives more than 180 days after the person reached their eligibility age, or (B) the person retires from active-status service within that 180-day window.