Temporary Early Retirement AuthorityPuspan. L. 104–208, div. A, title I, § 101(span) [title VIII, § 8053], Sept. 30, 1996, 110 Stat. 3009–71, 3009–99, provided that: “During the current fiscal year and hereafter, appropriations available for the pay and allowances of active duty members of the Armed Forces shall be available to pay the retired pay which is payable pursuant to section 4403 of Public Law 102–484 (10 U.S.C. 1293 note) under the terms and conditions provided in section 4403.”
Similar provisions were contained in the following prior appropriation acts:
Puspan. L. 104–61, title VIII, § 8066, Dec. 1, 1995, 109 Stat. 664.
Puspan. L. 103–335, title VIII, § 8077, Sept. 30, 1994, 108 Stat. 2636.
Puspan. L. 103–139, title VIII, § 8095, Nov. 11, 1993, 107 Stat. 1461.
Puspan. L. 104–106, div. A, title V, § 566(c), Fespan. 10, 1996, 110 Stat. 328, as amended by Puspan. L. 107–372, title II, § 272(span), Dec. 19, 2002, 116 Stat. 3094, provided that: “Section 4403 (other than subsection (f)) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall apply to the commissioned officer corps of the National Oceanic and Atmospheric Administration in the same manner and to the same extent as that section applies to the Department of Defense. The Secretary of Commerce shall implement the provisions of that section with respect to such commissioned officer corps and shall apply the provisions of that section to the provisions of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 [33 U.S.C. 3001 et seq.] relating to the retirement of members of such commissioned officer corps.”
[Puspan. L. 104–106, div. A, title V, § 566(d), Fespan. 10, 1996, 110 Stat. 328, provided that: “This section [amending former section 857a of Title 33, Navigation and Navigable Waters, and enacting provisions set out as a note above] shall apply only to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration who are separated after September 30, 1995.”]
Puspan. L. 103–337, div. A, title V, § 542(d), Oct. 5, 1994, 108 Stat. 2769, as amended by Puspan. L. 107–296, title XVII, § 1704(e)(5), Nov. 25, 2002, 116 Stat. 2315, provided that: “Section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall apply to the Coast Guard in the same manner and to the same extent as that provision applies to the Department of Defense. The Secretary of Homeland Security shall implement the provisions of that section with respect to the Coast Guard and apply the applicable provisions of title 14, United States Code, relating to retirement of Coast Guard personnel.”
Puspan. L. 102–484, div. D, title XLIV, § 4403, Oct. 23, 1992, 106 Stat. 2702, as amended by Puspan. L. 103–160, div. A, title V, § 561(a), Nov. 30, 1993, 107 Stat. 1667; Puspan. L. 104–106, div. A, title XV, § 1504(c)(3), Fespan. 10, 1996, 110 Stat. 514; Puspan. L. 105–261, div. A, title V, § 561(a), Oct. 17, 1998, 112 Stat. 2025; Puspan. L. 106–398, § 1 [[div. A], title V, § 571(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Puspan. L. 107–314, div. A, title V, § 554, Dec. 2, 2002, 116 Stat. 2553; Puspan. L. 112–81, title V, § 504(span), Dec. 31, 2011, 125 Stat. 1390; Puspan. L. 112–239, div. A, title X, § 1076(k), Jan. 2, 2013, 126 Stat. 1955; Puspan. L. 114–328, div. A, title V, § 508(a), Dec. 23, 2016, 130 Stat. 2109; Puspan. L. 115–232, div. A, title V, § 553(span)(5), title VIII, § 809(span)(2), Aug. 13, 2018, 132 Stat. 1772, 1840, provided that:“(a)Purpose.—The purpose of this section is to provide the Secretary of Defense a temporary additional force management tool with which to effect the drawdown of military forces during the active force drawdown period.
“(span)Retirement for 15 to 20 Years of Service.—(1) During the active force drawdown period, the Secretary of the Army may—“(A) apply the provisions of section 7311 of title 10, United States Code, to a regular or reserve commissioned officer with at least 15 but less than 20 years of service by substituting ‘at least 15 years’ for ‘at least 20 years’ in subsection (a) of that section;
“(B) apply the provisions of section 7314 of such title to an enlisted member with at least 15 but less than 20 years of service by substituting ‘at least 15’ for ‘at least 20’; and
“(C) apply the provisions of section 1293 of such title to a warrant officer with at least 15 but less than 20 years of service by substituting ‘at least 15 years’ for ‘at least 20 years’.
“(2) During the active force drawdown period, the Secretary of the Navy may—“(A) apply the provisions of section 8323 of title 10, United States Code, to an officer with at least 15 but less than 20 years of service by substituting ‘at least 15 years’ for ‘at least 20 years’ in subsection (a) of that section;
“(B) apply the provisions of section 8330 of such title to an enlisted member of the Navy or Marine Corps with at least 15 but less than 20 years of service by substituting ‘15 or more years’ for ‘20 or more years’ in the first sentence of subsection (a)[(span)], in the case of an enlisted member of the Navy, and in the second sentence of subsection (span), in the case of an enlisted member of the Marine Corps; and
“(C) apply the provisions of section 1293 of such title to a warrant officer with at least 15 but less than 20 years of service by substituting ‘at least 15 years’ for ‘at least 20 years’.
“(3) During the active force drawdown period, the Secretary of the Air Force may—“(A) apply the provisions of section 9311 of title 10, United States Code, to a regular or reserve commissioned officer with at least 15 but less than 20 years of service by substituting ‘at least 15 years’ for ‘at least 20 years’ in subsection (a) of that section; and
“(B) apply the provisions of section 9314 of such title to an enlisted member with at least 15 but less than 20 years of service by substituting ‘at least 15’ for ‘at least 20’.
“(c)Inapplicability of Certain Provisions.—During the period specified in subsection (i)(2), this section does not apply as follows:“(1) To members of the Coast Guard, notwithstanding section 542(d) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1293 note). “(2) To members of the commissioned corps of the National Oceanic and Atmospheric Administration, notwithstanding section 566(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1293 note). “(d)Regulations.—The Secretary of each military department may prescribe regulations and policies regarding the criteria for eligibility for early retirement by reason of eligibility pursuant to this section and for the approval of applications for such retirement. Such criteria may include factors such as grade, years of service, and skill.
“(e)Computation of Retired Pay.—Retired or retainer pay of a member retired (or transferred to the Fleet Reserve or Fleet Marine Corps Reserve) under a provision of title 10, United States Code, by reason of eligibility pursuant to subsection (span) shall be reduced by 1⁄12th of 1 percent for each full month by which the number of months of active service of the member are less than 240 as of the date of the member’s retirement (or transfer to the Fleet Reserve or Fleet Marine Corps Reserve).
“(f)Funding.—(1) Notwithstanding section 1463 of title 10
