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Qualifying active duty means active duty by a covered employee pursuant to a call or order, as described in 5 U.S.C. 5538(a). (See Part 1 of Appendix D in the OPM Policy Guidance.) (Note: Under section 5538(a), active duty that qualifies for coverage under section 5538 is active duty under a provision of law referred to in 10 U.S.C. 101(a)(13)(B)—i.e., the following specific provisions in title 10 of the United States Code: sections 688, 12301(a), 12302, 12304, 12304a, 12305, and 12406 and chapter 15 (which includes sections 331, 332, and 333). Thus, qualifying active duty does not include voluntary active duty under 10 U.S.C. 12301(d) or annual training duty under 10 U.S.C. 10147 or 12301(b).)
Note: Section 12304a of title 10, United States Code, was added by section 515 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81, December 31, 2011). This new authority was effective on December 31, 2011.
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