Pub. L. 110-181, div. A, tit. XVIII, subtit. B, sec. 1825

RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN RESERVE GENERAL AND FLAG OFFICERS.

EnactedYear: 2008Length: 640 wordsOfficial source
SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN RESERVE GENERAL AND FLAG OFFICERS.(a) Retirement for Age.—(1) Inclusion of reserve generals and admirals.—Section 14511 of title 10, United States Code, is amended to read as follows:“§ 14511. Separation at age 64: officers in grade of major general or rear admiral and above“(a) Separation Required.—Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general or above and each reserve officer of the Navy in the grade of rear admiral or above shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age.“(b) Exception for Officers Serving in O–9 and O–10 Positions.—The retirement of a reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general or general, 122 STAT. 502 or a reserve officer of the Navy in the grade of vice admiral or admiral, under subsection (a) may be deferred—“(1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or“(2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.“(c) Exception for Officers Holding Certain Offices.—This section does not apply to an officer covered by section 14512 of this title.” .(2) Clerical amendment.—The table of sections at the beginning of chapter 1407 of such title is amended by striking the item relating to section 14511 and inserting the following new item: “14511. Separation at age 64: officers in grade of major general or rear admiral and above.”. (b) Conforming Amendments and Reserve Officers Holding Certain Other Offices.—Section 14512 of such title is amended—(1) in subsection (a)(2)—(A) by striking subparagraph (A); and(B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and(2) in subsection (b)—(A) by inserting “(1)” before “The Secretary”; and(B) by adding at the end the following new paragraph:“(2) The Secretary of Defense may defer the retirement of a reserve officer serving in the position of Chief of the Navy Reserve or Commander of the Marine Forces Reserve, but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. A deferment under this paragraph shall not count toward the limitation on the total number of officers whose retirement may be deferred at any one time under paragraph (1).”.(c) Imposition of Years of Service Limitation.—(1) Imposition of limitation.—Section 14508 of such title is amended by inserting after subsection (c), as added by section 513, the following new subsection:“(d) Forty Years of Service for Generals and Admirals.—Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of general and each reserve officer of the Navy in the grade of admiral shall be separated in accordance with section 14514 of this title on the first day of the first month beginning after the date of the fifth anniversary of the officer’s appointment to that grade or 30 days after the date on which the officer completes 40 years of commissioned service, whichever is later.”.(2) Conforming amendments.—Subsection (b) of section 10502 of such title, as amended by section 1811, is further amended—(A) by inserting “(1)” before the first sentence; and(B) by striking “While holding that office” and inserting the following:122 STAT. 503 “(2) Except as provided in section 14508(d) of this title, while holding the office of Chief of the National Guard Bureau”.
Pub. L. 110-181, div. A, tit. XVIII, subtit. B, sec. 1825: RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN RESERVE GENERAL AND FLAG OFFICERS. | Justis AI