Eligibility of a member of the National Guard for retirement from the Armed Forces based on disability incurred while performing State active duty
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Section 1204 of title 10, United States Code, is amended— (1) in paragraph (2)(B)(i)— (A) by striking active duty or inactive-duty training; and inserting an em dash; and (B) by inserting before clause (ii) the following new subclauses: (I) active duty; (II) inactive-duty training; or (III) State active duty (as that term is defined in section 4303 of title 38);; (2) by inserting (a) In general.— before Upon a determination; and (3) by adding at the end the following new subsection: (b) Limitation In the case of a member retired under this section based on a disability described in subclause (III) of subsection (a)(2)(B)(i), the Secretary concerned shall reduce retired pay, computed under section 1401 of this title and paid to such member, to the extent that the Secretary concerned determines such retired pay duplicates any other Federal or State benefit to such member based on such disability..