Page:United States Statutes at Large Volume 106 Part 3.djvu/921

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2715 State or territory, Puerto Rico, or the District of Columbia, whichever is concerned. (b) TEMPORARY SPECIAL AUTHORITY.— During the period referred to in subsection (c), the Secretary concerned may grant a member of the Selected Reserve under the age of 60 years the annual payments provided for under this section if— (1) as of October 1, 1991, that member has completed at least 20 years of service computed under section 1332 of title 10, United States Code, or after that date and before October 1, 1995, such member completes 20 years of service computed under that section; (2) the member satisfies the requirements of paragraphs (3) and (4) of section 1331(a) of title 10, United States Code; and (3) the member applies for transfer to the Retired Reserve— (A) in the case of a member who has not received the notice required by section 1331(d) of that title before the date of the enactment of this Act, within one year after receiving such notice; and (B) in the case of a member who received such a notice before the date of the enactment of this Act, within one year after that date. (c) PERIOD OF APPLICABILITY.— The period referred to in subsection (b) is, with respect to a member of the Selected Reserve, the force reduction transition period, the period provided under paragraph (3) of that subsection for the member to submit an application, and the period necessary for taking action on that application. (d) ANNUAL PAYMENT PERIOD.—An annual payment granted to a member under this section shall be paid for 5 years, except that if the member attains 60 years of age during the 5-year period the entitlement to the annual payment shall terminate on the member's 60th birthday. (e) COMPUTATION OF ANNUAL PAYMENT.—(1) The annual pay- ment for a member shall be equal to the amount determined by multiplying the product of 12 and the applicable percent under paragraph (2) by the monthly basic pay to which the member would be entitled if the member were serving on active duty as of the date the member is transferred to the Retired Reserve. (2)(A) Subject to subparagraph (B) the percent applicable to a member for purposes of paragraph (1) is 5 percent plus 0.5 percent for each full year of service, computed under section 1332 of title 10, United States Code, that a member has completed in excess of 20 years before transfer to the Retired Reserve. (B) The maximum percent applicable under this paragraph is 10 percent. (f) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE. —(1) Sub- Regulations. ject to regulations prescribed by the Secretary of Defense, the Secretary concerned may limit the applicability of this section to any category of personnel defined by the Secretary concerned in order to meet a need of the armed force under the jurisdiction of the Secretary concerned to reduce the number of members in certain grades, the number of members who have completed a certain number of years of service, or the number of members who possess certain military skills or are serving in designated competitive categories.