§12686 — Title 10 Armed Forces | U.S. Code

Summary

If a reserve member is on active duty (not for training) and is within two years of qualifying for retired or retainer pay under a purely military retirement system (but not the system in chapter 1223), the member cannot be forced off that active duty before they reach eligibility unless the Secretary approves. The Secretary must make rules for this and try to keep those rules as similar as possible across the services. If a member is ordered to active duty under section 12301 for less than 180 days and would otherwise have that protection, the Secretary can require the member to give up the protection for that shorter tour. The Secretary can also require the member to sign the waiver before the active duty starts.

Title 10, §12686

Armed Forces — Source: USLM XML via OLRC

(a)Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title), may not be involuntarily released from that duty before he becomes eligible for that pay, unless the release is approved by the Secretary.

(b)With respect to a member of a reserve component who is to be ordered to active duty (other than for training) under section 12301 of this title pursuant to an order to active duty that specifies a period of less than 180 days and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require, as a condition of such order to active duty, that the member waive the applicability of subsection (a) to the member for the period of active duty covered by that order. In carrying out this subsection, the Secretary concerned may require that a waiver under the preceding sentence be executed before the period of active duty begins.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 1163(d) of this title, prior to repeal by Pub. L. 103–337, § 1662(i)(2).

Amendments

2004—Subsec. (a). Pub. L. 108–375 inserted “(other than the retirement system under chapter 1223 of this title)” after “retirement system”. 1996—Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12686 Reserves on Active Duty Within Two Years of Retirement Eligibility: Limitation on Release From Active Duty