12 2 STA T . 1 6 1 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 tosubpar a g rap h(C).Ad a y o f duty m ayb eincl uded in only one aggregate of 90 days for purposes of this subparagraph. ‘ ‘( B )(i) S er v ice on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of la w referred to in section 1 01(a)(1 3 )(B) or under section 1 2 301(d) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title. ‘‘(ii) Active service described in this subparagraph is also service under a call to active service authori z ed by the P resident or the Secretary of D efense under section 5 02(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by F ederal funds. ‘‘(C) T he eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subpara - graph (A). ’ ’. (b) C ONTI N UA TION O F A GE6 0A SM INI M UM AGE FO REL IGI B ILIT Y OF N ON- R EGULAR SER V I C E RETIREES FOR H EALT H CARE. — Section 10 74 (b) of such title is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’
and (2) by adding at the end the following new paragraph
‘‘(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.’’. (c) A D MINISTRATION OF RELATED PROVISIONS OF L A W OR POLICY.— W ith respect to any provision of law , or of any policy, regulation, or directive of the e x ecutive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, U nited States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for q ualification for such retired pay under subsection (a) of such section. SEC.648 .C OMPUTA T I O N O FY EA R SOFSER V ICE FOR PURPOSES OF RETIRE D PAY FOR NON - RE G U L AR SERVICE. Section 12733(3) of title 10, United States Code, is amended— (1) in subparagraph (B), by stri k ing ‘‘and’’ at the end; (2) in subparagraph (C), by striking the period and inserting ‘‘before the year of service that includes O ctober 30, 2007; and’’; and (3) by adding at the end the following new subparagraph: ‘‘(D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service.’’. 10USC 1 273 1 note.Pr e sid ent.
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