§8855. Retention in active status of certain officers

(a) Notwithstanding any other section of this chapter except section 8846, the Secretary of the Air Force may, with the officer's consent, retain in an active status any reserve officer of the Air Force who is designated as a medical officer, dental officer, veterinary officer, optometrist, podiatrist, chaplain, Air Force nurse, or biomedical sciences officer.

(b) An officer may be retained in an active status under the authority of this section only to fill a mission-based requirement.

(c)(1) Except as provided in paragraph (2), an officer may not be retained in an active status under this section later than the date on which the officer becomes 68 years of age (or, in the case of an officer who is designated as a chaplain, 60 years of age).

(2) The Secretary of the Air Force may retain an officer (other than an officer who is designated as a chaplain) in an active status under this section after the date on which the officer becomes 68 years of age if the Secretary determines that continued retention is necessary for the needs of the Air Force.

(d) Subsection (a)(1) of section 324 of title 32 shall not apply to an officer during any period in which the officer is retained in an active status under this section.

(Added Pub. L. 86–559, §1(76), June 30, 1960, 74 Stat. 280 ; amended Pub. L. 96–107, title IV, §403(b), Nov. 9, 1979, 93 Stat. 808 ; Pub. L. 96–513, title II, §215(b), Dec. 12, 1980, 94 Stat. 2885 ; Pub. L. 100–180, div. A, title VII, §717(c), (d)(2)(A), Dec. 4, 1987, 101 Stat. 1114 ; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1233(l)(2), Sept. 29, 1988, 102 Stat. 2058 ; Pub. L. 101–189, div. A, title VII, §710(c), Nov. 29, 1989, 103 Stat. 1477 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 8841 of this title.

Amendments

1989-Subsec. (c). Pub. L. 101–189, §710(c)(1), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), an officer" for "An officer" and "68 years of age" for "67 years of age", and added par. (2).

Subsec. (d). Pub. L. 101–189, §710(c)(2), added subsec. (d).

1988-Subsec. (a). Pub. L. 100–456 amended Pub. L. 100–180, §717(c)(2), to correct an error. See 1987 Amendment note below.

1987-Pub. L. 100–180, as amended by Pub. L. 100–456, struck out "until age 60" after "officers" in section catchline, inserted subsec. (a) designation, struck out ", but not later than the date upon which he becomes 60 years of age" after "biomedical sciences officer", designated second sentence as subsec. (b), and added subsec. (c).

1980-Pub. L. 96–513 substituted "veterinary officer, optometrist, podiatrist," for "veterinary officer," and "biomedical sciences officer" for "Air Force medical specialist" and inserted provision that officer be retained in an active status under authority of this section only to fill a mission-based requirement.

1979-Pub. L. 96–107 inserted reference to veterinary officer.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Section Referred to in Other Sections

This section is referred to in section 123 of this title.