CIVIL SERVICE RETIREMENT OF TECHNICIANS.

SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS. (a) In General.—(1) Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section: “§ 10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws “(a) Separation and Retirement of Military Technicians (Dual Status).—(1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after the date of the enactment of this section 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, 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, the technician 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.113 STAT. 596 “(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 the end of the one-year period beginning on the date of the enactment of this subsection, 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 “(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) Non-Dual Status Technicians.—(1) An individual who on the date of the enactment of this section 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 shall be separated not later than six months after the date of the enactment of this section. “(2)(A) An individual who on the date of the enactment of this section 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 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 the end of the one-year period beginning on the date of the enactment of this subsection, 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 the date of the enactment of this section is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity; and “(II) in the case of a technician first hired as a technician after February 10, 1996, and who on the date of the enactment of this section 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, within six months of the date of the enactment of this section is not appointed to such a position, shall for reduction-113 STAT. 597in-force purposes be in a separate competitive category from employees who are military technicians (dual status). “(c) Unreduced Annuity Defined.—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) Voluntary Personnel Action Defined.—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).”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws.”. (3) During the six-month period beginning on the date of the enactment of this Act, 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”. (b) Early Retirement.—Section 8414(c) of title 5, United States Code, is amended to read as follows: “(c)(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee’s reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity. “(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician— “(A) after completing 25 years of service as a military technician (dual status), or “(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status), is entitled to an annuity.”. (c) Conforming Amendments.—Chapter 84 of title 5, United States Code, is amended as follows: (1) Section 8415(g)(2) is amended by striking “military reserve technician” and inserting “military technician (dual status)”. (2) Section 8401(30) is amended to read as follows: “(30) the term ‘military technician (dual status)’ means an employee described in section 10216 of title 10;”. (d) Disability Retirement.—Section 8337(h) of title 5, United States Code, is amended—113 STAT. 598 (1) in paragraph (1)— (A) by inserting “or section 10216 of title 10” after “title 32”; (B) by striking “such title” and all that follows through the period and inserting “title 32 or section 10216 of title 10, respectively, to be a member of the Selected Reserve.”; (2) in paragraph (2)(A)(i)— (A) by inserting “or section 10216 of title 10” after “title 32”; and (B) by striking “National Guard or from holding the military grade required for such employment” and inserting “Selected Reserve”; and (3) in paragraph (3)(C), by inserting “or section 10216 of title 10” after “title 32”.