106 STAT. 2716 PUBLIC LAW 102-484—OCT. 23, 1992 (2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a). (g) NONDUPUCATION OF BENEFITS.— A member transferred to the Retired Reserve under the authority of section 1331a of title 10, United States Code (as added by section 4417), may not be paid annual payments under this section. (h) FUNDING.—To the extent provided in appropriations Acts, payments under this section in a fiscal year shall be made out of amounts available to the Department of Defense for that fiscal year for the pay of reserve component personnel. SEC. 4417. RETIREMENT WITH 16 YEARS OF SERVICE. (a) AUTHORITY. — Chapter 67 of title 10, United States Code, is amended by inserting alter section 1331 the following new section: ^§ 1331a. Temporary special retirement qualification authority "(a) RETIREMENT WITH AT LEAST 15 YEARS OF SERVICE. —For the purposes of section 1331 of this title, the Secretary of a military department may— "(1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of a reserve component of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member— "(A) as of October 1, 1991, has completed at least 15, and less than 20, years of service computed under section 1332 of this title; or "(B) after that date and before October 1, 1995, completes 15 years of service computed under that section; and "(2) upon the request of the member submitted to the Secretary >vithin one year after the date of the notification referred to in paragraph (1), transfer the member to the Retired Reserve.
- (b) PERIOD OF AUTHORITY.—The period referred to in subsection (a)(1) is the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1993 and ending on October 1, 1995. "(c) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) The Secretary of the military department concerned may limit the applicability of subs3ction (a) to any categoiy of personnel defined by the Secretary in order to meet a need of the armed force under the jurisdiction of the Secretary 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 niunber of members who possess certain military skills or are serving in designated competitive categories. "(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993. "(d) EXCLUSION.— This section does not apply to persons referred to in section 1331(c) of this title.
- (e) REGULATIONS.—The authority provided in this section shall
be subject to regulations prescribed by the Secretary of Defense.".
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