12 2 STA T .4 4 50PUBLIC LA W 110 – 41 7—O CT. 14 , 200 8thecap ac i t yof the D epa r t m e n t of Defen s e to respon d to the persona l and professional needs of indi v id u al mem b ers of the A rmed F orces .( b )LIM I TA TI ON ON EL I G I B L EM EMBE RS . — A member of the Armed Forces is not eli g ible to participate in a pilot program under this section during any period of service re q uired of the member— ( 1 ) under an agreement upon entry of the member on active duty
or ( 2 ) due to receipt by the member of a retention bonus as a member qualified in a critical military s k ill or assigned to a high priority unit under section 35 5oftitle3 7,U nited S tates C ode. (c) LIMITATION ON NU MBER O FP ARTI C I P ANTS.—Not more than 2 0 officers and 20 enlisted members of each Armed Force may be selected during each of calendar years 200 9 through 2012 to participate in the pilot programs under this section. (d) PERIO D OF I NACTI V ATION FROM ACTIVE DUT Y
- EFFECT OF
INACTIVATION.— (1) LIMITATION.— T he period of inactivation from active duty under a pilot program under this section of a member participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (e), e x cept that such period may not exceed three years. (2) E X CLUSION FROM COMPUTATION OF RESERVE OFFICER ’ S TOTAL YEARS OF SERVICE.—Any service by a R eserve officer w hile participating in a pilot program under this section shall be excluded from computation of the officer’s total years of service pursuant to section 1 4 70 6 (a) of title 10, United States Code. (3) RETIREMENT AND RELATED PURPOSES.—Any period of participation of a member in a pilot program under this section shall not count toward— (A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United States Code; or ( B ) computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code. (e) AGREEMENT.—Each member of the Armed Forces who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows
(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the Armed Force concerned during the period of the member’s inactivation from active duty under the pilot program. (2) To undergo during the period of the inactivation of the member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the member’s military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty.
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