US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 12731a

Temporary special retirement qualification authority

(a)

Retirement With At LeastYears of Service 15 .—

section 12731 of this titleFor the purposes of , the Secretary concerned may—
(1)
during the period described in subsection (b), determine to treat a member of the Selected Reserve of a reserve component of the armed force under the jurisdiction of that Secretary 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—
(A)
section 12732 of this title as of , has completed at least 15, and less than 20, years of service computed under ; or
(B)
after that date and before the end of the period described in subsection (b), completes 15 years of service computed under that section; and
(2)
upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve.
(b)

Period of Authority .—

The period referred to in subsection (a)(1) is the period beginning on , and ending on .
(c)

Applicability Subject to Needs of the Service .—

(1)
The Secretary concerned may limit the applicability of subsection (a) to any category of personnel defined by the Secretary in order to meet a need of the armed force under the jurisdiction of the Secretary to reduce the number of members in certain grades, the number of members who have completed a certain number of years of service, or the number of members who possess certain military skills or are serving in designated competitive categories.
(2)
Public Law 102–484106 Stat. 2713 A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 (; ).
(3)
Public Law 102–484106 Stat. 2714section 12731(d) of this title Notwithstanding the provisions of section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of ; ), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is 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 was incurred during a period of unauthorized absence.
(d)

Exclusion .—

section 12731(c) of this titleThis section does not apply to persons referred to in .
(e)

Regulations .—

The authority provided in this section shall be subject to regulations prescribed by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard.

Pub. L. 102–484, div. D, title XLIV, § 4417(a)106 Stat. 2716Pub. L. 103–35, title II, § 201(f)(2)107 Stat. 99Pub. L. 103–160, div. A, title V107 Stat. 1668Pub. L. 103–337, div. A, title V, § 517108 Stat. 2754Pub. L. 104–106, div. A, title XV, § 1501(b)(21)110 Stat. 497Pub. L. 105–261, div. A, title V, § 561(n)(2)112 Stat. 2026Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314(Added , , , § 1331a; amended , , ; , §§ 561(f)(4), 564(c), , , 1670; renumbered § 12731a and amended , title XVI, § 1662(j)(1), , , 2998, 3000; , , ; , , ; , title V, § 571(n)(2)], , , 1654A–135; , , .)

Editorial Notes

References in Text

Pub. L. 102–484section 12681 of this titleSection 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 and section 4415(2) of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (c)(2), (3), are sections 4414(a) and 4415(2) of , which are set out in a note under .

Amendments

Pub. L. 107–2962002—Subsec. (e). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 106–398, § 1 [[div. A]2000—Subsec. (a)(1)(B). , title V, § 571(n)(2)(A)], substituted “the end of the period described in subsection (b)” for “”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (b). , title V, § 571(n)(2)(B)], substituted “” for “”.

Pub. L. 105–2611998—Subsec. (a)(1)(B), (b). substituted “” for “”.

Pub. L. 104–1061996—Subsec. (c)(3). inserted comma after “Defense Conversion”.

Pub. L. 103–337, § 1662(j)(1)section 1331a of this title1994—, renumbered as this section and amended text generally, changing references to other sections.

Pub. L. 103–337, § 517Public Law 102–484106 Stat. 2714section 1331(d) of this titleSubsec. (c)(3). , added par. (3) which read as follows: “Notwithstanding the provisions of section 4415(2) of the Defense Conversion Reinvestment, and Transition Assistance Act of 1992 (division D of ; ), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is 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 was incurred during a period of unauthorized absence.”

Pub. L. 103–160, § 564(c)(1)1993—Subsec. (a). , substituted “Secretary concerned” for “Secretary of a military department” in introductory provisions.

Pub. L. 103–160, § 561(f)(4)(A)Subsec. (a)(1)(B). , substituted “” for “”.

Pub. L. 103–160, § 561(f)(4)(B)Subsec. (a)(2). , struck out “within one year after the date of the notification referred to in paragraph (1)” after “to the Secretary”.

Pub. L. 103–160, § 561(f)(4)(C)Subsec. (b). , substituted “” for “”.

Pub. L. 103–35 substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1993”.

Pub. L. 103–160, § 564(c)(2)Subsec. (c)(1). , struck out “of the military department” after “The Secretary”.

Pub. L. 103–160, § 564(c)(3)Subsec. (e). , inserted before period at end “and by the Secretary of Transportation with respect to the Coast Guard”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of this titleAmendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

Effective Date of 1994 Amendment

section 1662(j)(1) of Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .