(1)Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A)is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section
10101 of title
10 or from holding the military grade required for such employment;
(3)An individual eligible to retire under section
8414(c) shall not be eligible to retire under this section.
(b)Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(1)the position is located within the commuting area of the individual’s former position;
(2)the individual is qualified to serve in such position, as determined by the head of the agency; and
(3)the position is at the same grade or equivalent level as the position from which the individual was separated.
1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556substituted “subsection (b)” for “subsection (c)”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337, set out as an Effective Date note under section
10001 of Title
10, Armed Forces.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.