12 2 STA T .50 2 PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 ora r es er v eo f f ic er of th e N av y i n the g ra d eofvicead m ira l or admiral ,u nder su b section ( a ) may be deferred —‘ ‘( 1 )bythe P resident, but such a deferment may not e x tend beyond the first day of the month follo w ing the month in which the officer becomes 68 years of age
or ‘‘( 2 )bythe S ecretary of D efense, 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) EXCEPTIONF O RO FFICER SH O LD IN GC ERT A IN OFFICES.— T his section does not a p ply to an officer covered by section 1 45 12 of this title. ’ ’. (2) CLERICAL A M ENDMENT.—The table of sections at the beginning of chapter 14 07 of such title is amended by stri k ing the item relating to section 14511 and inserting the following new item
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‘ 145 11 .Separ a tion ata g e 6 4
o f fi c er s in gra d eof m a j or genera l or rear admiral and a b o v e. ’ ’. (b) CONFORMING A MENDMENTS AND R ESER V E OFFICERS HOLDING CERTAIN OT H ER 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 M arine F orces 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) I MPOSITION OF Y EARS OF SERVICE L IMITATION.— (1) IMPOSITION OF LIMITATION.—Section 14508 of such title is amended by inserting after subsection (c), as added by section 51 3 , the following new subsection: ‘‘(d) FORT Y YEARS OF SERVICE FOR G ENERALS AND ADMIRALS.— U nless 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 ‘‘ W hile holding that office’’ and inserting the following:
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