US Code

Public Law 119-88 (05/04/2026)

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 to Receive Reserve Retired Pay .—

(1)
section 12731(a) of this title Notwithstanding the requirement in paragraph (4) of that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 741, 841, or 941 of this title, if the person—
(A)
satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;
(B)
served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 741, 841, or 941 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and
(C)
completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service).
(2)
The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who—
(A)
section 314 of title 32 completed at least one year of service in a position of adjutant general required under or in a position of assistant adjutant general subordinate to such a position of adjutant general; and
(B)
section 324(b) of title 32 failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in .
(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 eligibility of the person to retire under chapter 65, 741, 841, or 941 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; 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)
section 12731(f) of this title except as provided in paragraph (2)(B), as of the date on which the person attains the eligibility age applicable to the person under , 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 the eligibility age applicable to the person under such section; or
(B)
the person retires from service in an active status within that 180-day period.

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 Pub. L. 107–107, div. A, title X, § 1048(a)(31)115 Stat. 1225 Pub. L. 109–364, div. A, title X, § 1071(a)(41)120 Stat. 2400 Pub. L. 111–84, div. A, title VI, § 643(a)123 Stat. 2366 Pub. L. 115–232, div. A, title VIII, § 809(a)132 Stat. 1840 (Added , title VI, § 653(a)(1)], , , 1654A–164; amended , , ; , , ; –(c), (e)(1), , , 2367; , , .)

Editorial Notes

Amendments

Pub. L. 115–2322018—Subsec. (a)(1). substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867” in introductory provisions and in subpar. (B).

Pub. L. 115–232Subsec. (b)(1). substituted “chapter 65, 741, 841, or 941” for “chapter 65, 367, 571, or 867”.

Pub. L. 111–84, § 643(e)(1)2009—, substituted “Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement” for “Retirement from active reserve service performed after regular retirement” in section catchline.

Pub. L. 111–84, § 643(a)Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

Election of Reserve Retired Pay“(a) .—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—

section 12731(a) of this title“(1) the person would, but for paragraphs (3) and (4) of , 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.”

Pub. L. 111–84, § 643(b)Subsec. (b)(1). , added par. (1) and struck out former par. (1) which read as follows: “terminate the person’s entitlement to retired or retainer pay under the applicable chapter of this title referred to in subsection (a); and”.

Pub. L. 111–84, § 643(c)(1)section 12731(f) of this titleSubsec. (d)(1). , substituted “attains the eligibility age applicable to the person under ” for “attains 60 years of age”.

Pub. L. 111–84, § 643(c)(2)Subsec. (d)(2)(A). , substituted “attains the eligibility age applicable to the person under such section” for “attains 60 years of age”.

Pub. L. 109–3642006—Subsecs. (c), (d). substituted “subsection (a)” for “subsection (b)”.

Pub. L. 107–1072001—Subsec. (a)(2). substituted “receive” for “received”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654

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 [] and shall apply with respect to retired pay payable for months beginning on or after that effective date.”
, title VI, § 653(b)], , , 1654A–165, provided that: