§10218 — Title 10 Armed Forces | U.S. Code

Summary

When an Army or Air Force Reserve technician loses the combined military-and-civilian (dual) status after October 5, 1999, the law sets what must happen. If the person is at least 60 years old and already eligible for a full (unreduced) annuity when dual status ends, they must be separated within 30 days. If they are not yet eligible for a full annuity or are under 60, they must be offered a chance to reapply for a dual-status technician job or to apply for another civil service job. If they keep working as a non-dual technician, after October 5, 2000 they cannot ask for voluntary moves into jobs that require dual status, and they must be separated or retired either within 30 days of becoming age 60 and eligible for a full annuity (if first hired on or before February 10, 1996) or within one year after dual status ends (if first hired after February 10, 1996). Dual status is lost by leaving the Selected Reserve or by losing the military rank required for the job. People who were already non-dual technicians on October 5, 1999 and were age 60 and eligible for a full annuity must be separated by April 5, 2000. Others in that group must be offered the same reapply-or-apply options, face the same limits after October 5, 2000, and the same separation/retirement timing rules based on hire date. Non-dual technicians who are not eligible for dual-status jobs, choose not to apply, or are not placed by April 5, 2000 are put in a separate competitive group for any reductions in force. An “unreduced annuity” means eligibility under title 5 sections 8336, 8412, or 8414 for a retirement benefit that is not cut for age or years of service. “Voluntary personnel action” means being hired, appointed, reassigned, promoted, or transferred into, or promoted within, a job that the Secretary has said must be a dual-status technician.

Title 10, §10218

Armed Forces — Source: USLM XML via OLRC

(a)(1)An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after October 5, 1999, loses dual status is subject to paragraph (2) or (3), as the case may be.

(2)If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity and is age 60 or older at that time, the technician shall be separated not later than 30 days after the date on which dual status is lost.

(3)(A)If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity or is under age 60 at that time, the technician shall be offered the opportunity to—

(i)reapply for, and if qualified may be appointed to, a position as a military technician (dual status); or

(ii)apply for a civil service position that is not a technician position.

(B)If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—

(i)shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and

(ii)shall be separated or retired—

(I)in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and

(II)in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost.

(4)For purposes of this subsection, a military technician is considered to lose dual status upon—

(A)being separated from the Selected Reserve; or

(B)ceasing to hold the military grade specified by the Secretary concerned for the position held by the technician.

(b)(1)An individual who on October 5, 1999, is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity and is age 60 or older shall be separated not later than April 5, 2000.

(2)(A)An individual who on October 5, 1999, is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is not eligible for an unreduced annuity or is under age 60 shall be offered the opportunity to—

(i)reapply for, and if qualified be appointed to, a position as a military technician (dual status); or

(ii)apply for a civil service position that is not a technician position.

(B)If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—

(i)shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and

(ii)shall be separated or retired—

(I)in the case of a technician first hired as a technician on or before February 10, 1996, and who on October 5, 1999, is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and

(II)in the case of a technician first hired as a technician after February 10, 1996, and who on October 5, 1999, is a non-dual status technician, not later than one year after the date on which dual status is lost.

(3)An individual employed by the Army Reserve or the Air Force Reserve as a non-dual status technician who is ineligible for appointment to a military technician (dual status) position, or who decides not to apply for appointment to such a position, or who, during the period beginning on October 5, 1999, and ending on April 5, 2000, is not appointed to such a position, shall for reduction-in-force purposes be in a separate competitive category from employees who are military technicians (dual status).

(c)For purposes of this section, a technician shall be considered to be eligible for an unreduced annuity if the technician is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that is not subject to a reduction by reason of the age or years of service of the technician.

(d)In this section, the term “voluntary personnel action”, with respect to a non-dual status technician, means any of the following:

(1)The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).

(2)Promotion to a higher grade if the technician is in a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (a)(3)(A)(i). Pub. L. 112–81 substituted “if qualified may be appointed” for “if qualified be appointed”. 2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “

October 5, 1999,” for “the date of the enactment of this section”. Subsec. (a)(2). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(A)], inserted “and is age 60 or older at that time” after “unreduced annuity”. Subsec. (a)(3)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(B)], inserted “or is under age 60 at that time” after “unreduced annuity” in introductory provisions. Subsec. (a)(3)(B)(i). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(B)], substituted “

October 5, 2000” for “the end of the one-year period beginning on the date of the enactment of this subsection”. Subsec. (a)(3)(B)(ii)(I). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”. Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A), (C)], substituted “

October 5, 1999,” for “the date of the enactment of this section” and “

April 5, 2000” for “six months after the date of the enactment of this section”. Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(A)], inserted “and is age 60 or older” after “unreduced annuity”. Subsec. (b)(2)(A). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “

October 5, 1999,” for “the date of the enactment of this section” in introductory provisions. Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(B)], inserted “or is under age 60” after “unreduced annuity” in introductory provisions. Subsec. (b)(2)(B)(i). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(B)], substituted “

October 5, 2000” for “the end of the one-year period beginning on the date of the enactment of this subsection”. Subsec. (b)(2)(B)(ii). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(A)], substituted “

October 5, 1999,” for “the date of the enactment of this section” in subcls. (I) and (II). Subsec. (b)(2)(B)(ii)(I). Pub. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”. Subsec. (b)(3). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(20)(D)], substituted “during the period beginning on

October 5, 1999, and ending on

April 5, 2000,” for “within six months of the date of the enactment of this section”.

Statutory Notes and Related Subsidiaries

Transition Provision Pub. L. 106–398, § 1 [[div. A], title V, § 525(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–109, as amended by Pub. L. 107–107, div. A, title X, § 1048(f)(1), Dec. 28, 2001, 115 Stat. 1228, provided that: “(1) An individual who before the date of the enactment of this Act [Oct. 30, 2000] was involuntarily separated or retired from employment as an Army Reserve or Air Force Reserve technician under section 10218 of title 10, United States Code, and who would not have been so separated if the provisions of subsections (a) and (b) of that section, as amended by subsection (a), had been in effect at the time of such separation may, with the approval of the Secretary concerned, be reinstated to the technician status held by that individual immediately before that separation. The

Effective Date

of any such reinstatement is the date the employee resumes technician status. “(2) The authority under paragraph (1) applies only to reinstatement for which an application is received by the Secretary concerned before the end of the one-year period beginning on the date of the enactment of this Act [Oct. 30, 2000].” Temporary Provision for Extension of Time for Separation or Retirement Pub. L. 106–65, div. A, title V, § 522(a)(3), Oct. 5, 1999, 113 Stat. 597, provided that: “During the six-month period beginning on the date of the enactment of this Act [Oct. 5, 1999], the provisions of subsections (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of title 10, United States Code, as added by paragraph (1), shall be applied by substituting ‘six months’ for ‘30 days’.”

§10218 Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws