Age-55 retirement alive in Congress

Despite DoD disinclination, ROA proceeds with its support for earlier retirement for Guard and Reserve members. The Association is an active agent on Capitol Hill to embolden deliberation on an earlier Reserve retirement age. This is an issue that concerns many of our members, as evidenced by the fact that, over the past year, more than half of the ROA member letters sent through the association Web site were about earlier retirement.

During the first half of the 109th Congress in 2005, nine bills were introduced about earlier retirement for Reservists (See accompanying table). This compares to 16 bills that were introduced for both halves of the 108th Congress, 2003-2004. Details and cosponsors for the bills introduced in 2005 can be found at http://thomas. loc.gov (enter bill number).

All but two bills would strike the retirement age of 60 from Title 10 and replace it with an age of 55 years. The Graham bill (S.337) and the Latham bill (H.R.558) set a matrix, correlating years of service to retirement eligibility. Guard and Reserve members serving 34 years could retire as early as age 53, those serving 30 years could retire at age 55, and so forth. Those serving 20 years would still retire at age 60. Every two years of service between 34 and 20 years would reduce the retirement age by one year in a linear reduction. (See accompanying table.)

Sadly, several models that were introduced in the 108th Congress have yet to become bills in the 109th. Previous Congresses had considered an annuity-based bill, and a bill that would permit retired pay upon receipt of a notice of eligibility (such as, on active duty). With the Armed Services committees, ideas are gleaned from submitted bills and are incorporated into the National Defense Authorization Act (NDAA). At the time this column was written, neither the House nor the Senate had included any sections within the FY06 NDAA about earlier retirement for Reservists.

There had been hopes for retirement language to be included in the NDAA, as Senator Graham, sponsor of S.337, is chairman of the Senate Armed Services subcommittee on personnel. Unfortunately for those interested in early retirement, the senator chose to put his energies into including TRICARE for Reservists. He did this by offering an amendment to the Senate's version of the NDAA, which was passed on the floor of the Senate chamber by voice vote.

Senator Corzine introduced amendment 1446 that would reduce the minimum Guard and Reserve retirement age to 55. Sen. Saxby Chambliss (R-Ga.) and Sen. Chuck Hagel (R-Neb.) have offered separate amendments that would authorize phased reductions in the retirement age, depending on the amount of time a servicemember has been mobilized to active duty since the start of the war on terrorism. An amendment by Sen. Hillary Clinton (D-N.Y.) would authorize retirement credit for Guard members mobilized in state status after 9/11.

Amendment 1409 by Senator Hagel would lower the minimum retirement age for Guard and Reserve personnel on active duty in support of the GWOT. Retirement eligibility would be reduced one year for each 90 days of consecutive service.

Amendment number 1373 by Senator Chambliss would lower the minimum retirement age for Guard and Reserve personnel on active federal status or active duty in support of the GWOT. The earliest retirement age would be reduced one year for each period of 179 days of consecutive service (down to age 50).

The introduction of a bill does not lead to an automatic passage into law. Bills are sent to committees, and the chairman of the committee determines whether it will come to a vote or not. Amendments, if passed, are by only one chamber and become a matter of discussion during a bill's conference, where differences are discussed among leaders of the House and Senate.

Typically, it takes five to 10 years to take a concept through the legislative process to become a change to the law. Many, both at ROA and other associations, are encouraged by our progress, and are predicting success if not in the 109th Congress (a two-year session), then in the 110th session. You can support this effort by contacting your elected officials and letting them know that this is an urgent issue.

CAPT Marshall Hanson, USNR (Ret.), Legislative Director

Bills and Sponsors

                     IN THE SENATE

BILL                                SPONSOR

S.32             Sen. Mark Dayton (D-Minn.)
S.38            Sen. Patty Murray (D-Wash.)
S.337          Sen. Lindsay Graham (R-S.C.)
S.639             Sen. Jon Corzine (D-N.J.)

                     IN THE HOUSE

BILL                                SPONSOR

H.R.558           Rep. Tom Latharn (R-Iowa)
H.R.783            Rep. Jim Saxton (R-N.J.)
H.R.1169      Rep. John B. Larson (D-Conn.)
H.R.1543   Rep. James P. McGovern (D-Mass.)
H.R.1565       Rep. Darlene Hooley (D-Ore.)

# OF YEARS          RETIREMENT
IN SERVICE          IN PAY AGE

34                  53 years old
32                  54 years old
30                  55 years old
28                  56 years old
26                  57 years old
24                  58 years old
22                  59 years old
20                  60 years old

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