Sec. 511 Retention of Dual Status Technicians

Jason Perry

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[*511] Sec. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE SE-LECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.
Section 10216 of title 10, United States Code, is amended by inserting after subsection (f) the following new sub-section:
"(g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.--(1) Notwith-standing subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as--
"(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and
"(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.
"(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.
"(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title."
 

liferdude

PEB Forum Regular Member
Do you know of anyone that has fallen under this law that was enacted in FEB 2008? I am a military technician and am about to lose my guard status due to injuries that were sustained while deployed. I have been told my HRO that they have and are working under this law and are just working out some bumps in the road. Just trying to see if anyone has had similar experiences.
 

Bigtfire

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We are looking into this for one of my co-workers, and our state is telling us that it only applies to title 10 employees and that we are all title 32, is there anything yhat can clear this up?
 

Jason Perry

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We are looking into this for one of my co-workers, and our state is telling us that it only applies to title 10 employees and that we are all title 32, is there anything yhat can clear this up?
This makes me so furious. Yes, I can clear it up. You are all covered.

10 USC § 10216. MILITARY TECHNICIANS (DUAL STATUS)

"(a) In General.—
(1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who—
(A) is employed under section 3101 of title 5 or section 709 (b) of title 32;
(B) is required as a condition of that employment to maintain membership in the Selected Reserve; and
(C) is assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve or the armed forces.
(2) Military technicians (dual status) shall be authorized and accounted for as a separate category of civilian employees.
(3) A military technician (dual status) who is employed under section 3101 of title 5 may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1):
(A) Supporting operations or missions assigned in whole or in part to the technician’s unit.
(B) Supporting operations or missions performed or to be performed by—
(i) a unit composed of elements from more than one component of the technician’s armed force; or
(ii) a joint forces unit that includes—
(I) one or more units of the technician’s component; or
(II) a member of the technician’s component whose reserve component assignment is in a position in an element of the joint forces unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees....

(g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.—
(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as—
(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and
(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.
(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.
(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217 (c) of this title."
 

zr600in07

PEB Forum Regular Member
I was a dual status technician and went thru the MEB process and put on TDRL. Once that happened the process started for my release from the National Guard. I brought this law up to my supervisors to see if it was possible to keep my technician job and they pushed it forward. I even had USERRA involved and had a lawyer assigned. All said and done it basically came down to that they did not want to set a precidance with keeping me on the job as a civilian. I was flat out told by the Colonel in charge of all of the dual-status technicians in our state "No we will not retain you under this law, this will not happen, you will have to file for Technician Disability Retirement." I lost my job, on TDRL, was approved for Technician Disability and still look back at it in disbelief. I wanted to stay and had no negative marks on my record, Military and Technician record. I fought as far as I could with all of this and I one thing I learned is if a law is not written with enough meat in it to make sure it is followed it is just going to be convienently overlooked.
 

Jason Perry

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I don't doubt at all that people are erroneously not continued in the Tech jobs. I would point out, though, that it may take fighting to keep your job, either administratively or through the courts. "No" is given freely and easily when they are making a mistake. However, just asking them to grant something may not be enough. That is a lousy thing; they should follow the law. But, this can be won.
 

Regius69

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I don't doubt at all that people are erroneously not continued in the Tech jobs. I would point out, though, that it may take fighting to keep your job, either administratively or through the courts. "No" is given freely and easily when they are making a mistake. However, just asking them to grant something may not be enough. That is a lousy thing; they should follow the law. But, this can be won.
I know this post is ridiculously old, but I am finding myself in this same situation. I have printed the laws directly from the US Code and have submitted them to my superiors in hopes that I'll be able to keep my job.
Has anyone here had any luck with this?
 

Padgettra

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I know this post is ridiculously old, but I am finding myself in this same situation. I have printed the laws directly from the US Code and have submitted them to my superiors in hopes that I'll be able to keep my job.
Has anyone here had any luck with this?
We had one employee consider this type of action when he was a medical separation. He decided to take the Technician Provision of law 60/40 disability for it worked better for his personal situation. Additionally, the individual has to be able to complete all position description duties to qualify for this type of action. Ron P
 

Regius69

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We had one employee consider this type of action when he was a medical separation. He decided to take the Technician Provision of law 60/40 disability for it worked better for his personal situation. Additionally, the individual has to be able to complete all position description duties to qualify for this type of action. Ron P
Thanks for the reply;
I would much rather stay on and have something worth getting me out of bed every morning, than sit at home on 70%VA and a 60/40 retirement. I can certainly perform my tech duties (inspector). Any other thoughts? insights?
 

Padgettra

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Thanks for the reply;
I would much rather stay on and have something worth getting me out of bed every morning, than sit at home on 70%VA and a 60/40 retirement. I can certainly perform my tech duties (inspector). Any other thoughts? insights?
Regius69, Well if that is what you desire, then I think you should pursue the action. Are you Army or Air Guard? Your State HR Office should have the low down on the process. With the recent (2017 and 2018) conversion of 12.6% DS Technicians to Title 5 Excepted Service there should be an understanding of the status at this point. Even if the position does not meet the Title 5 conversion criteria then the HR office should be able to gain NGB approval to "toggle" the position in accordance with this law provision. If your HR office has questions, then suggest they contact the Regional Human Resources Advisory Council (HRAC) to get the process and guidance. One caveat is that the Law was passed prior to the NDAA series (2016,2017, and 2018) that abolished the Non Dual Status (NDS) Technician status, yet there has been discussions at the NGB level of how to merge the "intent" using the Title 5 Excepted service law verbiage. If you get PDRL or TDRL then you will save some money switching to Tricare and cancelling your FEHB. Just make sure you re-enroll in FEHB in an open season before you retire so you can have it in retirement when that times comes. Best of luck in your endeavor and thank for your service in both the military and government service. Ron P
 
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