1994—Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, renumbered chapter 67 of this title as this chapter and amended analysis generally, renumbering items 1331 to 1338 as items 12731 to 12738, respectively, substituting “Entitlement to retired pay: computation of years of service” for “Computation of years of service in determining entitlement to retired pay” in item 12732 and “Computation of retired pay: computation of years of service” for “Computation of years of service in computing retired pay” in item 12733, and adding item 12739.
1992—Pub. L. 102–484, div. D, title XLIV, §4417(b), Oct. 23, 1992, 106 Stat. 2717, added item 1331a.
1986—Pub. L. 99–348, title III, §304(b)(1), July 1, 1986, 100 Stat. 703, added item 1338.
Creditable service for civil service retirement, see sections 8332, 8411 of Title 5, Government Organization and Employees.
Retention after qualifications for retired pay, see section 12308 of this title.
This chapter is referred to in sections 1053, 1064, 1065, 1076, 1331, 1370, 1407, 1409, 1447, 1451, 1452, 1463, 3961, 8961, 10153, 12307, 12308, 12319, 14901, 14905 of this title; title 5 sections 8332, 8411; title 38 sections 1965, 1968, 2301, 2306; title 50 section 2082.
(a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person—
(1) is at least 60 years of age;
(2) has performed at least 20 years of service computed under section 12732 of this title;
(3) performed the last eight years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and
(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
(b) Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Transportation, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
(c)(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by section 12732(a)(1) of this title except a regular component, is not eligible for retired pay under this chapter unless—
(A) the person performed active duty during World War I or World War II; or
(B) the person performed active duty (other than for training) during the Korean conflict, the Berlin crisis, or the Vietnam era.
(2) In this subsection:
(A) The term “World War I” means the period beginning on April 6, 1917, and ending on November 11, 1918.
(B) The term “World War II” means the period beginning on September 9, 1940, and ending on December 31, 1946.
(C) The term “Korean conflict” means the period beginning on June 27, 1950, and ending on July 27, 1953.
(D) The term “Berlin crisis” means the period beginning on August 14, 1961, and ending on May 30, 1963.
(E) The term “Vietnam era” means the period beginning on August 5, 1964, and ending on March 27, 1973.
(d) The Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the Survivor Benefit Plan established under subchapter II of chapter 73 of this title and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter, and the effects of such elections.
(e) Notwithstanding section 8301 of title 5, the date of entitlement to retired pay under this section shall be the date on which the requirements of subsection (a) have been completed.
(f) In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on the date of the enactment of this subsection and ending on September 30, 1999, the provisions of subsection (a)(3) shall be applied by substituting “the last six years” for “the last eight years”.
(Aug. 10, 1956, ch. 1041, 70A Stat. 102, §1331; Aug. 21, 1958, Pub. L. 85–704, 72 Stat. 702; Sept. 2, 1958, Pub. L. 85–861, §33(a)(8), 72 Stat. 1564; Oct. 14, 1966, Pub. L. 89–652, §1, 80 Stat. 902; Aug. 13, 1968, Pub. L. 90–485, §2, 82 Stat. 754; Sept. 30, 1978, Pub. L. 95–397, title II, §206, 92 Stat. 847; Dec. 12, 1980, Pub. L. 96–513, title V, §511(47), 94 Stat. 2924; Sept. 24, 1983, Pub. L. 98–94, title IX, §924(a), 97 Stat. 644; Nov. 29, 1989, Pub. L. 101–189, div. A, title XIV, §1404(b)(1), 103 Stat. 1586; renumbered §12731 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title VI, §636, title XVI, §1662(j)(1), 108 Stat. 2790, 2999.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1331(a) | 10:1036a(a) (less last proviso). 10:1036d (1st sentence). 34:440i(a) (less last proviso). 34:440 l (1st sentence). |
June 29, 1948, ch. 708, §§302(a), (d), 305 (1st sentence), 62 Stat. 1087–1089; July 12, 1952, ch. 698, 66 Stat. 590. |
| 1331(b) | 10:1036a(d). | |
| 34:440i(d). | ||
| 1331(c) | 10:1036a(a) (last proviso). | |
| 34:440i(a) (last proviso). |
In subsection (a), the words “is entitled” are substituted for the words “shall * * * be granted”. The words “in the status of a commissioned officer, warrant officer, flight officer, or enlisted person” and the references to reserve components are omitted as surplusage. Reference to the Army and the Air Force without component is inserted, since the words “reserve component”, as used in 10:1036a(a), include all members of the Army and the Air Force except members of the regular components thereof. The words “service, computed under section 1332 of this title” are substituted for the words “satisfactory Federal service” to make it clear that some service that is not normally covered by the latter term may be counted in determining rights to retired pay under this chapter. Section 311 of the source statute, which made title III of that act applicable to the Coast Guard, was expressly repealed by the Act of August 4, 1949, ch. 393, §20, 63 Stat. 565, the act which codified Title 14 of the United States Code. 14 U.S.C. 755(e) provides for Coast Guard Reservists the same retirement benefits as those prescribed by law for the Naval Reserve, and, for this purpose, confers upon the Secretary of the Treasury the same authority as that conferred upon the Secretary of the Navy, when the Coast Guard is operating under the Treasury Department. Accordingly, the revised chapter is made expressly applicable to the Coast Guard.
In subsection (c), the words “the Army without component or other category covered by section 1332(a)(1) of this title” are inserted, since the words “reserve component”, as used in 10:1036a(a), also cover members without component and members of the other special categories listed. The words “annual training duty, or attendance at a school designated as a service school by law or by the Secretary of the appropriate military department” are inserted since the words “active Federal service”, as used in 10:1036a(a), also cover the additional service listed. The words “active duty” are substituted for the words “active Federal service” for uniformity.
The change makes clear that in the determination of eligibility for retired pay for non–regular service, the service of a Regular serving in a temporary grade (that is, without component) may not be counted. See opinion of the Judge Advocate General of the Army, JAGA 1957/4463, May 13, 1957.
The date of the enactment of this subsection, referred to in subsec. (f), means the date of enactment of Pub. L. 103–337 which added subsec. (f) and which was approved Oct. 5, 1994.
1994—Pub. L. 103–337, §1662(j)(1), renumbered section 1331 of this title as this section and amended text generally, making changes in style and in references to other sections.
Subsec. (f). Pub. L. 103–337, §636, added subsec. (f) which read as follows: “In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on the date of the enactment of this subsection and ending on September 30, 1999, the provisions of subsection (a)(3) shall be applied by substituting ‘the last six years’ for ‘the last eight years’.”
1989—Subsec. (d). Pub. L. 101–189 inserted “and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter,” after “this title”.
1983—Subsec. (c). Pub. L. 98–94 substituted “unless—
“(1) he performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947; or
“(2) he performed active duty (other than for training) after June 26, 1950, and before July 28, 1953, after August 13, 1961, and before May 31, 1963, or after August 4, 1964, and before March 28, 1973.”,
for “unless he performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947, or unless he performed active duty (other than for training) after June 26, 1950, and before July 28, 1953”.
1980—Subsec. (b). Pub. L. 96–513, §511(47)(A), substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Subsec. (e). Pub. L. 96–513, §511(47)(B), struck out “United States Code,” after “title 5,”.
1978—Subsec. (d). Pub. L. 95–397 inserted provisions requiring that notice include notification of elections available under the Survivor Benefit Plan and the effects thereof.
1968—Subsec. (e). Pub. L. 90–485 added subsec. (e).
1966—Subsec. (d). Pub. L. 89–652 added subsec. (d).
1958—Subsec. (a)(3). Pub. L. 85–861 struck out provisions which related to service as a member of the Army or the Air Force without component.
Subsec. (c). Pub. L. 85–704 made persons who performed active duty (other than for training) after June 26, 1950, and before July 28, 1953, eligible for retired pay under this chapter.
Amendment by section 1662(j)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Section 1404(b)(3) of Pub. L. 101–189, as amended by Pub. L. 101–510, div. A, title VI, §631(1), Nov. 5, 1990, 104 Stat. 1580, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section 3101 [now 5301] of Title 38, Veterans’ Benefits] shall take effect on April 1, 1992.”
Section 924(b) of Pub. L. 98–94 provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to retired pay payable for months beginning after September 30, 1983, or the date of the enactment of this Act [Sept. 24, 1983], whichever is later.”
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Amendment by Pub. L. 95–397 applicable to notifications after Sept. 30, 1978, see section 210(b) of Pub. L. 95–397, set out as a note under section 1447 of this title.
Amendment by Pub. L. 90–485 effective Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
Pub. L. 99–348, title III, §302, July 1, 1986, 100 Stat. 702, directed Secretary of Defense to submit to Congress, not later than Feb. 1, 1988, a report on the retirement system provided under chapter 67 of this title for members of Armed Forces performing non-regular-service, including in the report any proposals of the Secretary for modifications to such system.
Pub. L. 94–448, §1, Oct. 1, 1976, 90 Stat. 1499, provided: “That for the purposes of survivor annuities under subchapter I of chapter 73 of title 10, United States Code [section 1431 et seq. of this title], and under prior corresponding provisions of law, the provisions of section 1331(e) [now 12731(e)] of such title 10, relating to the date of entitlement to retired pay under chapter 67 [now 1223] of such title 10, shall be effective as of November 1, 1953.”
Pub. L. 94–448, §2, Oct. 1, 1976, 90 Stat. 1499, provided that: “No benefits shall be paid to any person for any period prior to the date of enactment of this Act [Oct. 1, 1976] as a result of the enactment of this Act.”
Notification of completion of requisite years of service as conclusive for entitlement to retirement pay if made after Oct. 14, 1966, see section 3 of Pub. L. 89–652, set out as a note under section 1406 of this title.
Cadets at Military, Air Force, and Naval Academies, appointment of children of members granted retired pay, see sections 4342, 6954, and 9342 of this title.
Computation of retired pay, see section 1401 of this title.
Years of service, computation of, see section 1405 of this title.
This section is referred to in sections 1331, 1370, 1405, 1406, 1407, 1408, 1447, 1448, 1482, 4342, 6954, 9342, 12731a, 12732, 12738 of this title.
(a)
(1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of a reserve component of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member—
(A) as of October 1, 1991, has completed at least 15, and less than 20, years of service computed under section 12732 of this title; or
(B) after that date and before October 1, 1999, completes 15 years of service computed under that section; and
(2) upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve.
(b)
(c)
(2) A limitation under paragraph (1) shall be consistent with the purpose set forth in section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2713).
(3) Notwithstanding the provisions of section 4415(2) of the Defense Conversion 1 Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by section 12731(d) of this title to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is the result of the member's intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned or was incurred during a period of unauthorized absence.
(d)
(e)
(Added Pub. L. 102–484, div. D, title XLIV, §4417(a), Oct. 23, 1992, 106 Stat. 2716, §1331a; amended Pub. L. 103–35, title II, §201(f)(2), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title V, §§561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668, 1670; renumbered §12731a and amended Pub. L. 103–337, div. A, title V, §517, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2754, 2998, 3000.)
Section 4414(a) of the National Defense Authorization Act for Fiscal Year 1993 and section 4415(2) of the Defense Conversion[,] Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (c)(2), (3), are sections 4414(a) and 4415(2) of Pub. L. 102–484, which are set out in a note under section 12681 of this title.
1994—Pub. L. 103–337, §1662(j)(1), renumbered section 1331a of this title as this section and amended text generally, changing references to other sections.
Subsec. (c)(3). Pub. L. 103–337, §517, added par. (3) which read as follows: “Notwithstanding the provisions of section 4415(2) of the Defense Conversion Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2714), the Secretary concerned may, consistent with the other provisions of this section, provide the notification required by section 1331(d) of this title to a member who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability. Such notification may not be made if the disability is the result of the member's intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned or was incurred during a period of unauthorized absence.”
1993—Subsec. (a). Pub. L. 103–160, §564(c)(1), substituted “Secretary concerned” for “Secretary of a military department” in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 103–160, §561(f)(4)(A), substituted “October 1, 1999” for “October 1, 1995”.
Subsec. (a)(2). Pub. L. 103–160, §561(f)(4)(B), struck out “within one year after the date of the notification referred to in paragraph (1)” after “to the Secretary”.
Subsec. (b). Pub. L. 103–160, §561(f)(4)(C), substituted “October 1, 1999” for “October 1, 1995”.
Pub. L. 103–35 substituted “October 23, 1992,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1993”.
Subsec. (c)(1). Pub. L. 103–160, §564(c)(2), struck out “of the military department” after “The Secretary”.
Subsec. (e). Pub. L. 103–160, §564(c)(3), inserted before period at end “and by the Secretary of Transportation with respect to the Coast Guard”.
Amendment by section 1662(j)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
This section is referred to in title 38 sections 1965, 1968.
1 So in original. Probably should be followed by a comma.
(a) Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under section 12731 of this title, the person's years of service are computed by adding the following:
(1) The person's years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Naval Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse Corps or the Women's Medical Specialist Corps and before January 1, 1949, or before appointment in the Air Force before January 1, 1949, with a view to designation as an Air Force nurse or medical specialist.
(2) Each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points on the following basis:
(A) One point for each day of—
(i) active service; or
(ii) full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned;
if that service conformed to required standards and qualifications.
(B) One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32.
(C) Points at the rate of 15 a year for membership—
(i) in a reserve component of an armed force,
(ii) in the Army or the Air Force without component, or
(iii) in any other category covered by subsection (a)(1) except a regular component.
For the purpose of clauses (A), (B), and (C), service in the National Guard shall be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.
(3) The person's years of active service in the Commissioned Corps of the Public Health Service.
(4) The person's years of active commissioned service in the National Oceanic and Atmospheric Administration (including active commissioned service in the Environmental Science Services Administration and in the Coast and Geodetic Survey).
(b) The following service may not be counted under subsection (a):
(1) Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers’ section of the Air Force Reserve.
(2) Service (other than active service) after June 30, 1949, while on the Honorary Retired List of the Naval Reserve or of the Marine Corps Reserve.
(3) Service in the inactive National Guard.
(4) Service in a non-federally recognized status in the National Guard.
(5) Service in the Fleet Reserve or the Fleet Marine Corps Reserve.
(6) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753), as amended, and service before July 1, 1938, as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
(7) Service in any status other than that as commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and that described in clauses (I) and (J) of subsection (a)(1).
(Aug. 10, 1956, ch. 1041, 70A Stat. 102, §1332; Sept. 2, 1958, Pub. L. 85–861, §33(a)(9), 72 Stat. 1565; Aug. 25, 1959, Pub. L. 86–197, §1(1)–(3), 73 Stat. 425; Oct. 8, 1964, Pub. L. 88–636, §1, 78 Stat. 1034; Dec. 26, 1974, Pub. L. 93–545, §1, 88 Stat. 1741; Dec. 12, 1980, Pub. L. 96–513, title V, §511(48), 94 Stat. 2924; renumbered §12732 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1662(j)(1), 108 Stat. 2998, 3000.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1332(a) | 10:1036a(b). 10:1036a(c). 10:1036e(a). 10:1036e(b). 10:1036e(c) (less applicability to determination of retired pay). 10:1036e(d) (less applicability to determination of retired pay). |
June 29, 1948, ch. 708, §302(b), (c), 62 Stat. 1089; Sept. 7, 1949, ch. 547, §§1, 2, 63 Stat. 693. June 29, 1948, ch. 708, §306 (less (c) and (d), as applicable to determination of retired pay), 62 Stat. 1088. |
| 34:440i(b). | ||
| 34:440i(c). | ||
| 34:440m(a). | ||
| 34:440m(b). | ||
| 34:440m(c) (less applicability to determination of retired pay). | ||
| 34:440m(d) (less applicability to determination of retired pay). | ||
| 1332(b) | 10:1036e(e). | |
| 10:1036e(f). | ||
| 34:440m(e). | ||
| 34:440m(f). |
Subsection (a) consolidates the provisions of 10:1036a and 1036e(b)–(d), and 34:440i and 440m(b)–(d), relating to service that may be counted in determining eligibility for retired pay under this chapter. 10:1036e(a) and 34:440m(a) are omitted as covered by the enumeration of the service that may be counted for the purposes of the revised section.
In subsection (a)(1)(A)–(F), the requirement that the service must have been satisfactory is omitted as executed, since all service before July 1, 1949, has been found to have been satisfactory by the Secretaries concerned.
In subsection (a)(1)(A), the words “the armed forces” are substituted for clauses (1), (2), (5)–(7), (9), (10), and (13)–(16), of 10:1036e(c) and 34:440m(c), and so much of clause (8) of 10:1036e(c) and 34:440m(c) as relates to the Naval Reserve and the Naval Reserve Force as constituted after February 28, 1925, since the service covered by those clauses when added to service in the regular components, comprises all service in the armed forces.
In subsection (a)(1)(B)–(C), the words “June 15” are inserted to reflect the exact date of the change in National Guard status made by section 5 of the Act of June 15, 1933, ch. 87, 48 Stat. 155, which established the National Guard of the United States as a reserve component of the Army.
In subsection (a)(1)(D), 10:1036e(c)(8) (last 25 words), 10:1036e(c)(9) (last 22 words), 34:440m(c)(8) (last 25 words), and 34:440m(c)(9) (last 22 words) are omitted as covered by subsection (b)(5).
In subsection (a)(2)(A), the words “service that conformed to required standards and qualifications” are substituted for 10:1036e(b) and 34:440m(b). In clause (a)(2)(A), 10:1036e(d) and 34:440m(d), which make it clear that “active Federal service”, in the sense in which that term is used in 10:1036a–e and 34:440i–m, includes annual training duty and attendance at service schools, are omitted as covered by sections 101(22) and 101(24) of this title.
In subsection (a)(2)(A) and (B), specific reference is made to National Guard service to reflect the opinion of the Judge Advocate General of the Army (JAGA, 1956/1908, 13 Feb. 1956).
In subsection (a)(2)(C), the words “other than active Federal service” are omitted, since the points for membership are not reduced by active duty (see opinion of the Judge Advocate General of the Army (JAGA, 1953/2016, 3 Mar. 1953)).
In subsections (a) and (b), the words “active service” are substituted for the words “active Federal service” for uniformity of expression. In clause (5), the words “transferred thereto after completion of 16 or more years of active naval service” are omitted, since other authorized fleet reserve categories have not been used and authority for them is omitted from this revised title as unnecessary.
Subsection (b)(1)–(4) is inserted because of 10:1036e(e) and (f) and 34:440m(e) and (f), which state that the service enumerated in those clauses may not be considered in determining eligibility for retired pay under this chapter. Clause (5) is based on the exclusions in 34:440m(c)(8)–(9).
Subsection (b)(6) is inserted for clarity since 10:1036a and 34:440i were limited in applicability to service in the status of a “commissioned officer, warrant officer, flight officer, or enlisted person.”
The word “full-time” is inserted for clarity. The other change reflects the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956) that duty performed under section 92 of the National Defense Act, the source statute for section 502 of title 32, was creditable in determining entitlement to retired pay under section 302 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1087), the source statute for section 1332 of title 10.
Act of December 22, 1942, referred to in subsec. (a)(1)(I), is act Dec. 22, 1942, ch. 805, 56 Stat. 1072, which amended section 164 of former Title 10, Army and Air Force, and enacted provisions set out as notes under section 81 of former Title 10 and section 113 of former Title 37, Pay and Allowances, and was repealed as executed, by section 53 of act Aug. 10, 1956, ch. 1041 70A Stat. 641.
Women's Medical Specialist Corps, referred to in subsec. (a)(1)(J)(ii), redesignated Army Medical Specialist Corps by Pub. L. 85–155, Aug. 21, 1957, 71 Stat. 375. See section 3070 of this title. See, also, act Aug. 9, 1955, ch. 654, 69 Stat. 579.
1994—Pub. L. 103–337 renumbered section 1332 of this title as this section, substituted “Entitlement to retired pay: computation of years of service” for “Computation of years of service in determining entitlement to retired pay” as section catchline, and amended text generally, making changes in style, references to other sections and Acts, and the service in the Public Health Service and the National Oceanic and Atmospheric Administration that may be included in the computation of years of service in subsec. (a).
1980—Subsec. (a)(4). Pub. L. 96–513 inserted provisions relating to applicability to service in National Oceanic and Atmospheric Administration and Environmental Science Services Administration.
1974—Subsec. (b)(7). Pub. L. 93–545 inserted “aviation midshipman,” after “flight officer,”.
1964—Subsec. (a)(3), (4). Pub. L. 88–636 added cls. (3) and (4).
1959—Subsec. (a). Pub. L. 86–197, §§(1), (2), redesignated cls. (D) to (F) as (E) to (G), and added cls. (D), (H), (I), and (J), and provisions requiring, for the purpose of cls. (A), (B), and (C), service in the National Guard to be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.
Subsec. (b)(6), (7). Pub. L. 86–197, §1(3), added par. (6), redesignated former par. (6) as (7), and prohibited the counting of service as a nurse, as an appointed aviation cadet, and that service described in cls. (I) and (J) of subsec. (a)(1) of this section.
1958—Subsec. (a). Pub. L. 85–861 substituted “full-time service under” for “service under”, and inserted reference to section 502 of this title in cl. (2)(A)(ii).
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Section 2 of Pub. L. 88–636 provided that: “The amendments made by this Act [amending this section] shall apply to any period before enactment of this Act [Oct. 8, 1964] during which the Commissioned Corps of the Public Health Service has had the status of a military service, and to any period before enactment of this Act during which commissioned personnel of the Coast and Geodetic Survey were transferred to the service and jurisdiction of a military department.”
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33 (g) of Pub. L. 85–861, set out as a note under section 101 of this title.
Section 3 of Pub. L. 86–197 provided that: “This Act [amending this section and sections 3683, 3926, 6324, 8683 and 8926 of this title and enacting provisions set out as notes under sections 1431 and 3441 of this title] does not deprive any person of any service credit to which he was entitled on the day before the effective date of this Act [Aug. 25, 1959].”
Pub. L. 87–482, June 12, 1962, 76 Stat. 95, provided: “That any person who was a member of the Coast Guard Women's Reserve and who served on active duty therein for at least one year prior to July 25, 1947; who was separated therefrom under honorable conditions; and who also had membership therein for any period between November 1, 1949, and July 1, 1956, shall be deemed to have served on inactive duty with the Coast Guard Women's Reserve from July 25, 1947, to November 1, 1949, in the grade or rating satisfactorily held on active duty prior to July 25, 1947.
“
“
Section 15 of Pub. L. 85–861 provided that:
“(a) Notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a person is entitled to count his service as an Army field clerk or as a field clerk, Quartermaster Corps, as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter.
“(b) notwithstanding section 1332(b)(6) [now 12732(b)(7)] of title 10, United States Code, a warrant officer is entitled to count classified service as an Army headquarters clerk or as a clerk of the Army Quartermaster Corps that he performed under any law in effect before August 29, 1916, as active service in determining his entitlement to retired pay under chapter 67 [now 1223] of title 10, United States Code, and in computing his retired pay under that chapter.”
Active duty, retention after becoming qualified for retired pay, see section 12308 of this title.
Deferment of retirement of certain officers twice failing selection for promotion, see section 6389 of this title.
Standards and qualifications for reserve commissioned officer to be retained in active status, see section 12642 of this title.
Transfer to inactive status list instead of separation, see section 1209 of this title.
Uniform allowance, see section 416 of Title 37, Pay and Allowances of the Uniformed Services.
This section is referred to in sections 1063, 1176, 1209, 1482, 3850, 6389, 6391, 8850, 12308, 12642, 12646, 12731, 12731a, 12733, 14704 of this title; title 5 section 3329.
For the purpose of computing the retired pay of a person under this chapter, the person's years of service and any fraction of such a year are computed by dividing 360 into the sum of the following:
(1) The person's days of active service.
(2) The person's days of full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned.
(3) One day for each point credited to the person under clause (B) or (C) of section 12732(a)(2) of this title, but not more than 60 days in any one year.
(4) 50 days for each year before July 1, 1949, and proportionately for each fraction of a year, of service (other than active service) in a reserve component of an armed force, in the Army or the Air Force without component, or in any other category covered by section 12732(a)(1) of this title, except a regular component.
(Aug. 10, 1956, ch. 1041, 70A Stat. 103, §1333; Sept. 2, 1958, Pub. L. 85–861, §33(a)(10), 72 Stat. 1565; renumbered §12733 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1662(j)(1), 108 Stat. 2998, 3002.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1333 | 10:1036b (less 1st 91 words, and less 1st proviso). 10:1036e(c) (as applicable to determination of retired pay). 10:1036e(d) (as applicable to determination of retired pay). 34:440j (less 1st 91 words, and less 1st proviso). |
June 29, 1948, ch. 708, §§303 (less 1st 91 words, and less 1st proviso), 306 ((c) and (d), as applicable to determination of retired pay), 62 Stat. 1088–1090; Sept. 7, 1949, ch. 547, §3, 63 Stat. 693. |
| 34:440m(c) (as applicable to determination of retired pay). | ||
| 34:440m(d) (as applicable to determination of retired pay). |
The revised section consolidates provisions of 10:1036b and 1036e, and 34:440j and 440m, relating to the years of service that may be counted in determining retired pay for persons entitled to that pay under this chapter.
Clause (1) is substituted for 10:1036b(i). In clause (3), the words “and proportionately for each fraction of a year” are inserted to make clear that parts of years must be counted. 10:1036e(d) and 34:440m(d) are omitted as covered by sections 101(22) and 101(24) of this title.
The change is necessary so that active service and service described in section 1332(a)(2)(A)(ii) that was performed on or before July 1, 1949, may be counted in computing retired pay, as provided by the source law, section 303(i) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1088) and in accordance with the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, Feb. 13, 1956).
1994—Pub. L. 103–337 renumbered section 1333 of this title as this section, substituted “Computation of retired pay: computation of years of service” for “Computation of years of service in computing retired pay” as section catchline, and amended text generally, changing style and references to other sections.
1958—Pub. L. 85–861 added cls. (1) and (2), struck out former cl. (1) which permitted the addition of the days of service credited under section 1332(a)(2)(A) of this title, and redesignated former cls. (2) and (3) as (3) and (4), respectively.
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
Computation of years of service, see section 1405 of this title.
Retirement or separation for physical disability, computation of service, see section 1208 of this title.
This section is referred to in sections 1208, 1405, 12739 of this title.
(a) Service in an inactive status may not be counted in any computation of years of service under this chapter.
(b) Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under section 12641 of this title may not be credited in a computation of years of service under this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, §1334; Sept. 7, 1962, Pub. L. 87–651, title I, §108, 76 Stat. 509; renumbered §12734 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1662(j)(1), 108 Stat. 2998, 3003.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1334(a) | 10:1036c (last sentence, as applicable to inactive status). 10:1036g (last 41 words of 2d sentence). 34:440k (last sentence, as applicable to inactive status). |
June 29, 1948, ch. 708, §§304 (last sentence), 308 (last 41 words of 2d sentence), 62 Stat. 1088, 1090. July 9, 1952, ch. 608, §211(b) (less 1st 16 words), 66 Stat. 485. |
| 34:440o (last 41 words of 2d sentence). | ||
| 50:931(b) (less 1st 16 words). | ||
| 1334(b) | 10:1036c (last sentence, less applicability to inactive status). 34:440k (last sentence, less applicability to inactive status). |
Subsection (a) is substituted for 10:1036c (1st 17 words of last sentence, as applicable to inactive status), 10:1036g (last 41 words of 2d sentence), 34:440k (last 17 words of last sentence, as applicable to inactive status), and 34:440o (last 41 words of 2d sentence). 10:1036c (proviso of last sentence, as applicable to inactive status) and 34:440k (proviso of last sentence, as applicable to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) are omitted as surplusage.
In subsection (b), 10:1036c (proviso of last sentence, less applicability to inactive status) and 34:440k (proviso of last sentence, less applicability to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) are omitted as surplusage.
The change conforms section 1334(b) of title 10 to the source law, the last sentence of section 304 of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1089). Section 305 makes the change retroactive to August 10, 1956, the date of repeal of the source law by the original military codification act of that date.
1994—Pub. L. 103–337 renumbered section 1334 of this title as this section and amended text generally, changing one section reference.
1962—Subsec. (b). Pub. L. 87–651 substituted “retirement (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation” for “retirement or transfer to the Retired Reserve may not be credited in any computation.”
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Section 305 of Pub. L. 87–651 provided that: “Section 108 of this Act [amending this section] is effective as of August 10, 1956, for all purposes. Section 304 of this Act is effective as of February 6, 1959.”
This section is referred to in section 10153 of this title.
(a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.
(b) While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.
(c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, §1335; renumbered §12735 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1662(j)(1), 108 Stat. 2998, 3003.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1335(a) 1335(b) |
10:1036g (1st sentence). 34:440 o (1st sentence).10:1036g (2d sentence, less last 41 words). 34:440 o (2d sentence, less last 41 words). |
June 29, 1948, ch. 708, §308 (less last 41 words of 2d sentence), 62 Stat. 1090. |
| 1335(c) | 10:1036g (less 1st and 2d sentences). | |
| 34:440o (less 1st and 2d sentences). |
In subsection (a), the words “would be eligible but for the fact that he is under 60 years of age” are substituted for the words “has not attained the age of sixty years but is eligible in all other respects”. The words “for members of his armed force, other than members of a regular component” are substituted for the words “for the reserve components of the Army of the United States or Air Force of the United States”, since the source statute applied to all members except members of the regular components. The words “as has been, or” and “by law or regulation” are omitted as surplusage.
In subsection (b), the words “after the effective date of such transfer” are omitted as surplusage.
In subsection (c), 10:1036g (last 32 words of last sentence) and 34:440o (last 32 words of last sentence) are omitted as surplusage.
1994—Pub. L. 103–337 renumbered section 1335 of this title as this section and amended text generally, making changes in style.
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
This section is referred to in section 1209 of this title.
No period of service included wholly or partly in determining a person's right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, §1336; renumbered §12736 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1662(j)(1), 108 Stat. 2998, 3003.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1336 | 10:1036d (less 1st sentence). 34:440 l (less 1st sentence). |
June 29, 1948, ch. 708, §305 (less 1st sentence), 62 Stat. 1089. |
1994—Pub. L. 103–337 renumbered section 1336 of this title as this section and restated catchline and text without change.
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, §1337; renumbered §12737 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1662(j)(1), 108 Stat. 2998, 3003.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1337 | 10:1036h. 34:440p. |
June 29, 1948, ch. 708, §309, 62 Stat. 1090. |
10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.
1994—Pub. L. 103–337 renumbered section 1337 of this title as this section and amended text generally, substituting “the member” for “him”.
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
(a) After a person is granted retired pay under this chapter, or is notified in accordance with section 12731(d) of this title that the person has completed the years of service required for eligibility for retired pay under this chapter, the person's eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 12731(a)(2) of this title, unless it resulted directly from the fraud or misrepresentation of the person.
(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay.
(Added Pub. L. 89–652, §2(1), Oct. 14, 1966, 80 Stat. 902, §1406; renumbered §1338 and amended Pub. L. 99–348, title I, §104(a), July 1, 1986, 100 Stat. 686; renumbered §12738 and amended Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)
1994—Pub. L. 103–337 renumbered section 1338 of this title as this section and amended text generally, making changes in style and references to other sections.
1986—Pub. L. 99–348 renumbered section 1406 of this title as this section, designated first sentence as subsec. (a) and substituted “this chapter” for “chapter 67 of this title” in two places, and designated second sentence as subsec. (b).
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Section 3 of Pub. L. 89–652 provided that: “Notwithstanding section 1406 [now 12738] of title 10, United States Code, as added by this Act—
“(1) the granting of retired pay to a person under chapter 67 [now 1223] of that title is conclusive as to that person's entitlement to such pay only if the payment of that retired pay is begun after the effective date of this Act [Oct. 14, 1966]; and
“(2) a notification that a person has completed the years of service required for eligibility for retired pay under chapter 67 [now 1223] of that title is conclusive as to the person's subsequent entitlement to such pay only if the notification is made after the effective date of this Act.”
(a) The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
(2) 21/2 percent of the years of service credited to that person under section 12733 of this title.
(b) The amount computed under subsection (a) may not exceed 75 percent of the retired pay base upon which the computation is based.
(c) Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.
(Added Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 3004.)
Provisions similar to those in this section were contained in formula 3 of the table in section 1401(a) of this title, prior to amendment by Pub. L. 103–337, §1662(j)(2).
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
This section is referred to in section 12731 of this title.