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NDAA 2008/NDAA 2015
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NDAA 2008/NDAA 2015


NDAA 2008 enacted Annual Inactive Points Limit Modification and Early Retirement Service Eligibility under 10 U.S. Code;

1. 10 USC 12733 was changed to allow a Reservist to be credited with up to 130 inactive points per anniversary year. The effective date of this change applies to any anniversary year ending on or after 30 Oct 2007. The previous maximum allowed was 90 inactive points. ARPR/ASOSH files are being modified to accept this change.

2. 10 USC 12731 was also changed to allow qualified Reservists to start receiving retired pay earlier than age 60. Effective 29 January 2008, each 90-day aggregate of active duty completed in a fiscal year will allow a member to begin receiving retired pay three months earlier than age 60. Medical benefits eligibility remains at age 60, and only service performed on or after 29 January 2008 counts.  Active duty service which will not count towards the aggregate includes active duty performed in a regular component and active duty performed under 10 USC 12310 (e.g., FTS, CANREC, and RPN recall orders associated with organizing, administering, recruiting, instructing, or training the Reserve components).

3. PERS-91 will review a member's record and establish a retired-pay eligibility date at the time the member is transferred to the Retired Reserve. Because recent periods of active duty may not be reflected in point totals at the time a member requests transfer to the Retired Reserve, members requesting transfer to the Retired Reserve should be proactive in bringing extended periods of qualifying active duty (performed after 28 January 2008) to the attention of PERS-912. This can be done as an attachment to the retirement request.

NDAA 2015 enacted Early Retirement Service Eligibility across Fiscal Years Provision under 10 U.S. Code;

 1. Section 12731(f)(2)(A) of 10 U.S. Code, was amended to allow eligible time, " In the case  of a person who as a member of the Ready Reserve serves on active duty or performs active service described in the law after January 28, 2008" to complete that service within any TWO consecutive fiscal years after September 30, 2014." A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph. Eligible duty performed prior to September 30'Th, 2014 and on or after 29 January 2008 must still be completed within one fiscal year as originally enacted by NDAA 2008.



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