be within the limitation prescribed in paragraph (e) of this section.

(6) The designated agent shall comply with a stay of execution issued by a court of competent jurisdiction and shall suspend payment of disputed amounts pending resolution of the issue.

(7) When service is made and the identified member is found not to be currently entitled to payments the designated agent shall advise the former spouse that no payments are due from or payable by the Uniformed Service to the named individual. If the member is on active duty when service is accomplished, the designated agent shall retain the application until the member's retirement. In such case, payments to the former spouse, if otherwise proper, shall begin not later than 90 days from the date the member first becomes entitled to receive retired pay. If the member becomes entitled to receive retired pay more than 90 days after first being notified under paragraph (f) of this section, the notification procedures prescribed by that section shall be repeated by the designated agent.

(8) In moneys are only temporarily exhausted or otherwise unavailable, the former spouse shall be fully advised of the reason or reasons why and for how long the moneys will be unavailable. Service shall be retained by the designated agent and payments to the former spouse, if otherwise proper, shall begin not later than 90 days from the date the member becomes entitled to receive retired pay. If the member becomes entitled to receive retired pay more than 90 days after first being notified under paragraph (f) of this section, the notification procedures prescribed by that section shall be repeated by the designated agent.

(9) The order of precedence for disbursement of retired pay when the gross amount is not sufficient to permit all authorized deductions and collections shall follow volume I, part 3, section 7040, "Order of Payment," in the Treasury Fiscal Requirements Manual for Guidance of Departments and Agencies. Court-ordered payments to a former spouse from retired pay shall be enforced over voluntary deductions and allotments.

(10) Payments made shall be prospective in terms of the amount stated in the court order. Arrearages will not be considered in determining the amount payable from retired pay.

(11) No right, title, or interest that can be sold, assigned, transferred, or otherwise disposed of, including by inheritance, is created under this part.

(12) At the request of the designated agent, the former spouse may be required to provide a certification of eligibility that attests in writing to the former spouse's continued eligibility and that includes a notice of change in status or circumstances that affect eligibility. After notice to the former spouse, payments to the former spouse may be suspended, or terminated, when the former spouse fails to comply, or refuses to comply, with the certification requirement.

(i) Reconsideration. A former spouse or member may request that the desdesignated agent reconsider the ignated agent's determination in response to service of an application for payments under this part or the member's answer to the designated agent with respect to notice of such service. For reconsideration, the request must express the issues the former spouse or the member believes were incorrectly resolved by the designated agent. The designated agent shall respond to the request for reconsideration, giving an explanation of the determination reached.

(a) Applies to the Office of the Secretary of Defense (OSD); the Military Departments (including their National Guard and Reserve components); the Chairman, Joint Chiefs of Staff (Joint Staff); the Coast Guard and its Reserve component (by agreement with the Department of Transportation (DOT)); and the Defense Agencies (hereafter referred to collectively as "DoD Components"). The term "Military Services," as used herein, refers to the Army, Navy, Air Force, Marine Corps, and Coast Guard (by agreement with the DoT).

(b) By agreement with non-DoD organizations that have DoD-related missions, includes organizations with Defense-related missions, such as the Federal Emergency Management Agency (FEMA), the Selective Service System (SSS), and the organizations with North Atlantic Treaty Organization (NATO)-related missions.

$64.3 Definitions.

(a) Key employee. Any Reservist, or any military retiree (Regular or Reserve) identified by his or her employer, private or public, as filling a key position.

(b) Key position. A civilian position, public or private (designated by the employers and approved by the Secretary concerned), that cannot be va

cated during war or national emergency.

(c) Military retiree categories—(1) Category I. Nondisability military retirees under age 60 who have been retired less than 5 years.

(2) Category II. Nondisability military retirees under age 60 who have retired 5 years or more.

(3) Category III. Military retirees, including those retired for disability, other than categories I or II retirees (includes warrant officers and healthcare professionals who retire from active duty after age 60).

(d) Military retirees or retired military members. (1) Regular and Reserve officers and enlisted members who retire from the Military Services under 10 U.S.C. chapters 61, 63, 65, 67, 367, 571, 573, or 867 and 14 U.S.C. chapters 11 and 21.

(2) Reserve officers and enlisted members eligible for retirement under one of the provisions of law in definition (d)(1) who have not reached age 60 and who have not elected discharge or are not members of the Ready Reserve or Standby Reserve (including members of the Inactive Standby Reserve).

(3) Members of the Fleet Reserve and Fleet Marine Corps Reserve under 10 U.S.C. 6330.

864.4 Policy.

It is DoD policy that military retirees shall be ordered to active duty (as needed) to fill personnel shortfalls due to mobilization or other emergencies, as described in 10 U.S.C. 672 and 688. DoD Components and the Coast Guard shall plan to use as many retirees, as necessary, to meet national security needs. Military retirees may be used as follows:

(a) To fill shortages in, or to augment, deployed or deploying units.

(b) To fill shortages in, or to augment, supporting units and activities in the Continental United States (CONUS), Alaska, and Hawaii. (c) To release other military members for deployment overseas.

(d) Subject to the limitations of 10 U.S.C. 973, to fill Federal civilian workforce shortages within the Department of Defense, the Coast Guard, or other Government entities.

(e) To meet national security needs in organizations outside the Department of Defense with Defense-related missions.

$64.5 Responsibilities.

(a) The Assistant Secretary of Defense (Reserve Affairs) (ASD(RA)) and the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) shall provide overall policy guidance for the management and mobilization of DoD military retirees. In addition, the Assistant Secretary of Defense (Force Management and Personnel)

(ASD(FM&P)) shall:

(1) Validate positions identified by Defense and non-Defense Agencies as suitable for fill by military retirees.

(2) Establish priorities for fill once all requirements are identified.

(3) Provide redistribution guidance. (b) The Secretaries of the Military Departments and the Commandant of the Coast Guard shall ensure that plans for the management and mobilization of military retirees are consistent with this part.

(c) The Directors of the Defense Agencies, the Director of the Federal Emergency Management Agency (FEMA) and the Director of the Selective Service System (SSS) and other Federal Organizations, as appropriate, shall, by agreement, assist in identifying military and Federal civilian wartime positions that are suitable for fill by military retirees, and provide a list of requirements to the Office of the Assistant Secretary of Defense (Force Management and Personnel) (OASD(FM&P)) for validation and prioritization before fill by the Military Services. The Services retain the right to disapprove the request if no military retiree is available. At least annually, the requesting Agency shall verify to OASD(FM&P) the accuracy of their validated requirements and identify any new requirements.

the

(d) The Secretaries of the Military Departments, or designees, shall:

(1) Prepare plans and establish procedures for mobilization of military retirees in conformance with this part.

(2) Determine the extent of military retiree mobilization requirements based on existing inventories and inventory projections for mobilization of

qualified Reservists in an active status in the Ready Reserve, the Inactive National Guard, or the Standby Reserve.

(3) Develop procedures for identifying categories I and II retirees and conduct screening of retirees using this part for guidance.

(4) Maintain personnel records and other necessary records for military retirees, including date of birth, date of retirement, current address, and documentation of military qualifications. Maintain records for categories I and II military retirees, including retirees who are key employees and their availability for mobilization, civilian employment, and physical condition. Data shall be maintained on retired Reserve members in accordance with 32 CFR part 114.

(5) Advise military retirees of their duty to provide the Military Services with accurate mailing addresses and any changes in civilian employment, military qualifications, availability for service, and physical condition.

(6) Preassign retired members, when determined appropriate and as nec

essary.

(7) Determine refresher training requirements in accordance with the criteria established in §64.6(a)(8). $64.6 Procedures.

(a) Premobilization—(1) Management of military retirees. Military retiree management systems should provide for rapid identification of retiree location and military skills to expedite reporting of retirees to a wide range of assignments and geographic locations in mobilization or crisis. As part of the criteria for assignment of individuals to specific mobilization billets, the Military Services should consider the criticality of the mobilization billet, the skills of the individual, and his or her geographic proximity to the place of assignment. To the extent possible, military retirees should be given the opportunity to volunteer for specific assignments. The Military Departments shall develop plans and procedures to identify military retirees excess to their needs. The Military Departments, other DoD Components, FEMA, SSS, and other Federal Agencies, as appropriate, shall provide a list of requirements to the Department of

Defense. The Department of Defense shall establish priorities for fill once all requirements and excess personnel are identified and provide redistribution guidance.

(2) Requirement validation. The OASD(FM&P) shall review and validate each mobilization requirement for a military retiree. The criteria considered shall be the structure of the organization, the expanded workload requirements in a mobilization environment, current manpower authorizations, and existing manpower infrastructures supporting the organizations.

(3) Assignment priority. The priority for use of military retirees shall be: (i) Use by their own Service.

(ii) Use by another Service or a Defense Agency.

(iii) Use by a civilian Federal Department or Agency.

(iv) Any other approved use.

(4) Preassignment of categories I and II military retirees. When determined appropriate by the Military Service concerned, military retirees who physically are qualified maximally should be preassigned in peacetime, either voluntarily or involuntarily, to installations or to mobilization positions that must be filled within 30 days after mobilization. Key employees and category III retirees shall not be preassigned involuntarily. Severe hostilities may prevent the transmittal of mobilization orders to military retirees. All military retirees preassigned to mobilization positions or installations, either voluntarily or involuntarily, shall be issued preassignment or contingent preassignment orders.

(5) Category III military retirees. The nature and extent of the mobilization of category III retirees shall be determined by each Military Service, based on the retiree's military skill and, if applicable, the nature and degree of the retiree's disability. Category III retirees generally should be assigned to civilian jobs, unless they have critical skills or volunteer for specific military jobs. Age or disability alone may not be the sole basis for excluding a retiree from active Military Service during mobilization.

(6) Military retirees living overseas. Military retirees who live Overseas

maximally shall be preassigned in peacetime, as determined by the Military Service concerned, to meet mobilization augmentation requirements at overseas, U.S., or allied military installations or activities that are near their places of residence.

(7) Military retiree information. The development and maintenance of current information on the mobilization availability of military retirees shall be the responsibility of the Military Services. Such information shall include, but not be limited to, date of retirement, date of birth, current address, and military qualifications. Additionally, the Military Services shall maintain information on the availability for mobilization and the physical condition of categories I and II military retirees. Indication of physical condition may be from certification by the individual military retiree.

(8) Refresher training. Each Military Service shall determine the necessity for, and the frequency of, refresher training of military retirees, based on the needs of the Military Service and the specific military skill of the military retiree. Emphasis should be on voluntary refresher training. Civilianacquired skills may eliminate the need for refresher training.

(9) Screening of military retirees—(i) Each Military Service shall develop procedures for identifying categories I and II retirees, and shall conduct screening of retirees using this part and 32 CFR part 44 as guidance in formulating screening criteria.

(ii) All military retirees shall be advised to inform their employers concerning their liability for recall to active duty in a mobilization or national emergency, and, when applicable, the procedures for designating their position as a key position.

(iii) Federal employers annually shall review their employment rolls to determine if they employ any military retirees who are filling key positions, as defined in § 64.3.

(iv) Non-Federal employers also are encouraged to use the key position guidelines for making their own key position designations and, when applicable, for recommending certain military retirees for key employees status.

(v) Key position designation guidelines. In determining whether or not a position should be designated as a key position, employers should consider the following criteria:

(A) Can the position be filled in a reasonable time after mobilization?

(B) Does the position require technical or managerial skills that are possessed uniquely by the incumbent employee?

(C) Is the position associated directly with Defense mobilization?

(D) Does the position include a mobilization or relocation assignment in an Agency having emergency functions, as designated by E.O. 12656?

(E) Is the position directly associated with industrial or manpower mobilization, as designated in E.O. 10480?

(F) Are there other factors related to national defense, health, or safety that would make the incumbent of the position unavailable for mobilization?

(vi) Employers who determine that a military retiree is filling a key position and should not be recalled to active duty in an emergency should report that determination to the cognizant military personnel center, using the letter format shown in Appendix A to this part. The list of Reserve personnel centers to which retiree-recall screening-determination recommendations shall be forwarded is at Appendix B to this part.

(b) Mobilization—(1) General. The Military Services shall establish plans and procedures to use those military retirees who meet specific skill and experience requirements to fill mobilization billets, when there is not enough active or qualified Reserve manpower available.

(2) Involuntary order to active duty—(i) Twenty-year active military service retirees. The Secretary of a Military Department may order any retired Regular member, retired Reserve member who has completed at least 20 years of Active Service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve to active duty at any time to perform duties deemed necessary in the interests of national defense in accordance with 10 U.S.C. 675 and 688. Retired Regular members of the Coast Guard may be ordered to active duty by the Secretary concerned only in time of

war or national emergency in accordance with 14 U.S.C. 331 and 359.

(ii) Reserve. The Secretary of a Military Department may order any other retired member of a Reserve component of a Military Service to active duty for the duration of a war or emergency and for 6 months thereafter on the basis of required skills, provided:

(A) War or national emergency has been declared by Congress.

(B) The Secretary of the Military Department concerned, with the approval of the Secretary of Defense, determines there are not enough qualified Reserves in an Active status or in the Inactive National Guard, under 10 U.S.C. 672(a).

(3) Graduated Mobilization Response. The Military Services shall develop plans and procedures for ordering military retirees to active duty in accordance with a schedule that includes prepartial, and full mobilization requirements.

(c) Peacetime-(1) General. The Military Departments shall establish procedures to order military retirees to active duty during peacetime.

(2) Voluntary order to active duty—(i) Twenty-year active military service retirees. The Secretary of a Military Department may order retired Regular members, retired Reserve members who have completed at least 20 years of active Military Service, or members of the Fleet Reserve or Fleet Marine Corps Reserve to active duty with their consent at any time in accordance with 10 U.S.C. 688.

(ii) Other Reserve retirees. The Secretary of a Military Department may order other retired members of a Reserve component to active duty with their consent in accordance with 10 U.S.C. 672(d).

(3) Involuntary order to active duty. The Secretary of a Military Department may order any retired Regular member, retired Reserve member who has completed at least 20 years of active Military Service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve to active duty without the member's consent at any time to perform duties deemed necessary in the interests of national defense in accordance with 10 U.S.C. 688. This includes the authority to order a retired member who is subject to the Uniform Code