§12741. Retirement from active reserve service performed after regular retirement

(a) Election of Reserve Retired Pay.-A person who, after becoming entitled to retired or retainer pay under chapter 65, 367, 571, or 867 of this title, serves in an active status in a reserve component is entitled to retired pay under this chapter if-

(1) the person would, but for paragraphs (3) and (4) of section 12731(a) of this title, otherwise be entitled to retired pay under this chapter;

(2) the person elects under this section to receive retired pay under this chapter; and

(3) the person's service in an active status after having become entitled to retired or retainer pay under that chapter is determined by the Secretary concerned to have been satisfactory.

(b) Actions To Effectuate Election.-As of the effective date of an election made by a person under subsection (a), the Secretary concerned shall-

(1) terminate the person's entitlement to retired or retainer pay under the applicable chapter of this title referred to in subsection (a); and

(2) in the case of a reserve commissioned officer, transfer the officer to the Retired Reserve.

(c) Time and Form of Election.-An election under subsection (a) shall be made within such time and in such form as the Secretary concerned requires.

(d) Effective Date of Election.-An election made by a person under subsection (a) shall be effective-

(1) except as provided in paragraph (2)(B), as of the date on which the person attains 60 years of age, if the Secretary concerned receives the election in accordance with this section within 180 days after that date; or

(2) on the first day of the first month that begins after the date on which the Secretary concerned receives the election in accordance with this section, if-

(A) the date of the receipt of the election is more than 180 days after the date on which the person attains 60 years of age; or

(B) the person retires from service in an active status within that 180-day period.

(Added Pub. L. 106–398, §1 [[div. A], title VI, §653(a)(1)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-164; amended Pub. L. 107–107, div. A, title X, §1048(a)(31), Dec. 28, 2001, 115 Stat. 1225 ; Pub. L. 109–364, div. A, title X, §1071(a)(41), Oct. 17, 2006, 120 Stat. 2400 .)

Amendments

2006-Subsecs. (c), (d). Pub. L. 109–364 substituted "subsection (a)" for "subsection (b)".

2001-Subsec. (a)(2). Pub. L. 107–107 substituted "receive" for "received".

Effective Date

Pub. L. 106–398, §1 [[div. A], title VI, §653(b)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-165, provided that: "Section 12741 of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Oct. 30, 2000] and shall apply with respect to retired pay payable for months beginning on or after that effective date."