§ 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement
(a)
Authority to Elect to Receive Reserve Retired Pay.—
(1)
Notwithstanding the requirement in paragraph (4) of section
12731
(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 867 of this title, if the person—
(A)
satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;
(2)
The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who—
(b)
Actions To Effectuate Election.—
As of the effective date of an election made by a person under subsection (a), the Secretary concerned shall—
(1)
terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and
(c)
Time and Form of Election.—
An election under subsection (a) shall be made within such time and in such form as the Secretary concerned requires.
(d)
Effective Date of Election.—
An election made by a person under subsection (a) shall be effective—
(1)
except as provided in paragraph (2)(B), as of the date on which the person attains the eligibility age applicable to the person under section
12731
(f) of this title, if the Secretary concerned receives the election in accordance with this section within 180 days after that date; or
(2)
on the first day of the first month that begins after the date on which the Secretary concerned receives the election in accordance with this section, if—