To amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service.

June 10, 2003

Mr. BARRETT of South Carolina (for himself and Mr. WILSON of South Carolina) introduced the following bill; which was referred to the Committee on Armed Services

To amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Guardsmen and Reservist Retirement Age Act of 2003'.

SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

(a) AGE AND SERVICE REQUIREMENTS- Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows:

`(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person--

`(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2);

`(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and

`(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.

`(2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows:

`Age, in years, is

--The minimum years of service

at least:

--required for that age is:

34

32

30

28

26

24

22

20.'.

(b) 20-YEAR LETTER- Subsection (d) of such section is amended by striking `the years of service required for eligibility for retired pay under this chapter' in the first sentence and inserting `20 years of service computed under section 12732 of this title.'.

(c) EFFECTIVE DATE- This section and the amendments made by this subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months.

END