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

Summary

If an Army or Air Force Reserve military technician who had both civilian and military status (dual status) loses that dual status after October 5, 1999, the technician faces one of two paths based on age and retirement eligibility. If the person is 60 or older and already eligible for an unreduced retirement annuity when dual status is lost, they must be separated within 30 days. If they are under 60 or not yet eligible for an unreduced annuity, they must be given the chance to reapply for a dual-status technician job or to apply for another civil service job. If they stay employed as a non-dual status technician, they cannot seek certain voluntary moves after October 5, 2000, and must be separated or retired either within 30 days after becoming 60 and eligible for an unreduced annuity (if first hired as dual-status on or before February 10, 1996) or within one year after losing dual status (if first hired after February 10, 1996). Workers who were already non-dual status on October 5, 1999, and were 60 and eligible for an unreduced annuity had to be separated by April 5, 2000. Those non-dual technicians who were not eligible or under 60 on that date got the same choice to reapply for dual status or apply for other civil service jobs, faced the same ban on certain voluntary moves after October 5, 2000, and the same time limits for separation based on hire date. For reduction-in-force rules, non-dual technicians who cannot or do not move to dual status are placed in a separate competing group from dual-status technicians. Definitions: “unreduced annuity” — a retirement benefit under 5 U.S.C. 8336, 8412, or 8414 that is not reduced for age or years of service; “voluntary personnel action” — hiring, appointment, reassignment, promotion, or transfer into a job that must be filled by a dual-status technician, or promotion to a higher grade in such a job.

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