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

Editorial Notes

Amendments

2011—Subsec. (a)(3)(A)(i). Puspan. L. 112–81 substituted “if qualified may be appointed” for “if qualified be appointed”.

2000—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 106–398, § 1 [[div. A], title V, § 525(a)(1)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”.

Subsec. (span)(1). Puspan. 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”.

Puspan. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(A)], inserted “and is age 60 or older” after “unreduced annuity”.

Subsec. (span)(2)(A). Puspan. 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.

Puspan. 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. (span)(2)(B)(i). Puspan. 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. (span)(2)(B)(ii). Puspan. 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. (span)(2)(B)(ii)(I). Puspan. L. 106–398, § 1 [[div. A], title V, § 525(a)(2)(C)], inserted “and becoming 60 years of age” after “unreduced annuity”.

Subsec. (span)(3). Puspan. 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

Puspan. L. 106–398, § 1 [[div. A], title V, § 525(span)], Oct. 30, 2000, 114 Stat. 1654, 1654A–109, as amended by Puspan. 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 (span) 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

Puspan. 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 (span)(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’.”