§ 12731. Age and service requirements
(a)
Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section
12739 of this title, if the person—
(3)
in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in section
12732
(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight; and
(b)
Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
(c)
(1)
A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by section
12732
(a)(1) of this title except a regular component, is not eligible for retired pay under this chapter unless—
(2)
In this subsection:
(A)
The term “World War I” means the period beginning on April 6, 1917, and ending on November 11, 1918.
(B)
The term “World War II” means the period beginning on September 9, 1940, and ending on December 31, 1946.
(C)
The term “Korean conflict” means the period beginning on June 27, 1950, and ending on July 27, 1953.
(d)
The Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the Survivor Benefit Plan established under subchapter
II of chapter
73 of this title and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter, and the effects of such elections.
(e)
Notwithstanding section
8301 of title
5, the date of entitlement to retired pay under this section shall be the date on which the requirements of subsection (a) have been completed.
(f)
(1)
Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.
(2)
(A)
In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after January 28, 2008, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.
(B)
(i)
Service 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 law referred to in section
101
(a)(13)(B) or under section
12301
(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 authorized by the President or the Secretary of Defense under section
502
(f) of title
32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.
(iii)
If a member described in subparagraph (A) is wounded or otherwise injured or becomes ill while serving on active duty pursuant to a call or order to active duty under a provision of law referred to in the first sentence of clause (i) or in clause (ii), and the member is then ordered to active duty under section
12301
(h)(1) of this title to receive medical care for the wound, injury, or illness, each day of active duty under that order for medical care shall be treated as a continuation of the original call or order to active duty for purposes of reducing the eligibility age of the member under this paragraph.