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-CITE-
10 USC CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-MISC1-
Sec.
12731. Age and service requirements.
12731a. Temporary special retirement qualification authority.
12731b. Special rule for members with physical disabilities
not incurred in line of duty.
12732. Entitlement to retired pay: computation of years of
service.
12733. Computation of retired pay: computation of years of
service.
12734. Time not creditable toward years of service.
12735. Inactive status list.
12736. Service credited for retired pay benefits not excluded
for other benefits.
12737. Limitation on active duty.
12738. Limitations on revocation of retired pay.
12739. Computation of retired pay.
12740. Eligibility: denial upon certain punitive discharges
or dismissals.
12741. Retirement from active reserve service performed after
regular retirement.

AMENDMENTS
2000 - Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.
653(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165, added item
12741.
1999 - Pub. L. 106-65, div. A, title VI, Sec. 653(b)(2), Oct. 5,
1999, 113 Stat. 667, added item 12731b.
1996 - Pub. L. 104-106, div. A, title VI, Sec. 632(a)(2), Feb.
10, 1996, 110 Stat. 365, added item 12740.
1994 - Pub. L. 103-337, div. A, title XVI, Sec. 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, Sec. 4417(b), Oct.
23, 1992, 106 Stat. 2717, added item 1331a.
1986 - Pub. L. 99-348, title III, Sec. 304(b)(1), July 1, 1986,
100 Stat. 703, added item 1338.

-End-



-CITE-
10 USC Sec. 12731 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12731. Age and service requirements

-STATUTE-
(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) in the case of a person who completed the service
requirements of paragraph (2) before April 25, 2005, performed
the last six 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, except that in the case of a person
who completed the service requirements of paragraph (2) before
October 5, 1994, the number of years of such qualifying service
under this paragraph shall be eight; 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
Homeland Security, 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.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 102, Sec. 1331; Pub. L. 85-704,
Aug. 21, 1958, 72 Stat. 702; Pub. L. 85-861, Sec. 33(a)(8), Sept.
2, 1958, 72 Stat. 1564; Pub. L. 89-652, Sec. 1, Oct. 14, 1966, 80
Stat. 902; Pub. L. 90-485, Sec. 2, Aug. 13, 1968, 82 Stat. 754;
Pub. L. 95-397, title II, Sec. 206, Sept. 30, 1978, 92 Stat. 847;
Pub. L. 96-513, title V, Sec. 511(47), Dec. 12, 1980, 94 Stat.
2924; Pub. L. 98-94, title IX, Sec. 924(a), Sept. 24, 1983, 97
Stat. 644; Pub. L. 101-189, div. A, title XIV, Sec. 1404(b)(1),
Nov. 29, 1989, 103 Stat. 1586; renumbered Sec. 12731 and amended
Pub. L. 103-337, div. A, title VI, Sec. 636, title XVI, Sec.
1662(j)(1), Oct. 5, 1994, 108 Stat. 2790, 2999; Pub. L. 104-106,
div. A, title XV, Sec. 1501(b)(20), Feb. 10, 1996, 110 Stat. 497;
Pub. L. 105-261, div. A, title V, Sec. 561(n)(1), Oct. 17, 1998,
112 Stat. 2026; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.
571(n)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-135; Pub. L. 107-
296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314;
Pub. L. 107-314, div. A, title VI, Sec. 631(a), (b), Dec. 2, 2002,
116 Stat. 2571, 2572; Pub. L. 108-375, div. A, title V, Sec.
501(f), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 109-364, div. A,
title X, Sec. 1071(a)(40), Oct. 17, 2006, 120 Stat. 2400.)

-MISC1-



HISTORICAL AND REVISION NOTES
1956 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1331(a) 10:1036a(a) (less last June 29, 1948, ch. 708,
proviso). Secs. 302(a), (d), 305
(1st sentence), 62 Stat.
1087-1089; July 12,
1952, ch. 698, 66 Stat.
590.
10:1036d (1st sentence).
34:440i(a) (less last
proviso).
34:440l (1st sentence).
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, Sec. 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.

1958 ACT
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.

AMENDMENTS
2006 - Subsec. (a)(3). Pub. L. 109-364 substituted "before April
25, 2005" for "before the end of the 180-day period beginning on
the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2005".
2004 - Subsec. (a)(3). Pub. L. 108-375 inserted after par. (3)
designation "in the case of a person who completed the service
requirements of paragraph (2) before the end of the 180-day period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2005,".
2002 - Subsec. (a)(3). Pub. L. 107-314, Sec. 631(a), substituted
"six years" for "eight years" and inserted before semicolon ",
except that in the case of a person who completed the service
requirements of paragraph (2) before October 5, 1994, the number of
years of such qualifying service under this paragraph shall be
eight".
Subsec. (b). Pub. L. 107-296 substituted "of Homeland Security"
for "of Transportation".
Subsec. (f). Pub. L. 107-314, Sec. 631(b), struck out 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 October 5, 1994, and ending on December 31, 2001, the
provisions of subsection (a)(3) shall be applied by substituting
'the last six years' for 'the last eight years'."
2000 - Subsec. (f). Pub. L. 106-398 substituted "December 31,
2001" for "September 30, 2001".
1998 - Subsec. (f). Pub. L. 105-261 substituted "September 30,
2001" for "September 30, 1999".
1996 - Subsec. (f). Pub. L. 104-106 substituted "October 5,
1994," for "the date of the enactment of this subsection".
1994 - Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 511(47)(A), substituted
"Secretary of Transportation" for "Secretary of the Treasury".
Subsec. (e). Pub. L. 96-513, Sec. 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.

EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-375 effective on the first day of the
first month beginning more than 180 days after Oct. 28, 2004, see
section 501(g) of Pub. L. 108-375, set out as a note under section
531 of this title.

EFFECTIVE DATE OF 2002 AMENDMENTS
Pub. L. 107-314, div. A, title VI, Sec. 631(c), Dec. 2, 2002, 116
Stat. 2572, provided that: "The amendments made by subsection (a)
[amending this section] shall take effect on October 1, 2002. No
benefit shall accrue to any person for any period before that date
by reason of the enactment of those amendments."
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
this title.

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective as if included in the
Reserve Officer Personnel Management Act, title XVI of Pub. L. 103-
337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L.
104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT
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.

EFFECTIVE DATE OF 1989 AMENDMENT
Section 1404(b)(3) of Pub. L. 101-189, as amended by Pub. L. 101-
510, div. A, title VI, Sec. 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."

EFFECTIVE DATE OF 1983 AMENDMENT
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."

EFFECTIVE DATE OF 1980 AMENDMENT
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.

EFFECTIVE DATE OF 1978 AMENDMENT
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.

EFFECTIVE DATE OF 1968 AMENDMENT
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.

EFFECTIVE DATE OF 1958 AMENDMENT
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.

RESERVE RETIREMENT SYSTEM; REPORT TO CONGRESS
Pub. L. 99-348, title III, Sec. 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.

SURVIVOR ANNUITIES; EFFECTIVE DATE
Pub. L. 94-448, Sec. 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."

PAYMENT OF SURVIVOR ANNUITIES BENEFITS PRIOR TO OCTOBER 1, 1976
Pub. L. 94-448, Sec. 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."

ENTITLEMENT TO RETIREMENT PAY AFTER OCTOBER 14, 1966;
CONCLUSIVENESS
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.

-End-



-CITE-
10 USC Sec. 12731a 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12731a. Temporary special retirement qualification authority

-STATUTE-
(a) Retirement With At Least 15 Years of Service. - For the
purposes of section 12731 of this title, the Secretary concerned
may -
(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 the end of the period
described in subsection (b), 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) Period of Authority. - The period referred to in subsection
(a)(1) is the period beginning on October 23, 1992, and ending on
December 31, 2001.
(c) Applicability Subject to Needs of the Service. - (1) The
Secretary concerned may limit the applicability of subsection (a)
to any category of personnel defined by the Secretary in order to
meet a need of the armed force under the jurisdiction of the
Secretary to reduce the number of members in certain grades, the
number of members who have completed a certain number of years of
service, or the number of members who possess certain military
skills or are serving in designated competitive categories.
(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, 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) Exclusion. - This section does not apply to persons referred
to in section 12731(c) of this title.
(e) Regulations. - The authority provided in this section shall
be subject to regulations prescribed by the Secretary of Defense
and by the Secretary of Homeland Security with respect to the Coast
Guard.

-SOURCE-
(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4417(a), Oct. 23,
1992, 106 Stat. 2716, Sec. 1331a; amended Pub. L. 103-35, title II,
Sec. 201(f)(2), May 31, 1993, 107 Stat. 99; Pub. L. 103-160, div.
A, title V, Secs. 561(f)(4), 564(c), Nov. 30, 1993, 107 Stat. 1668,
1670; renumbered Sec. 12731a and amended Pub. L. 103-337, div. A,
title V, Sec. 517, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108
Stat. 2754, 2998, 3000; Pub. L. 104-106, div. A, title XV, Sec.
1501(b)(21), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-261, div. A,
title V, Sec. 561(n)(2), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106-
398, Sec. 1 [[div. A], title V, Sec. 571(n)(2)], Oct. 30, 2000,
114 Stat. 1654, 1654A-135; Pub. L. 107-296, title XVII, Sec.
1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-REFTEXT-
REFERENCES IN TEXT
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.


-MISC1-
AMENDMENTS
2002 - Subsec. (e). Pub. L. 107-296 substituted "of Homeland
Security" for "of Transportation".
2000 - Subsec. (a)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A],
title V, Sec. 571(n)(2)(A)], substituted "the end of the period
described in subsection (b)" for "October 1, 2001".
Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.
571(n)(2)(B)], substituted "December 31, 2001" for "October 1,
2001".
1998 - Subsec. (a)(1)(B), (b). Pub. L. 105-261 substituted
"October 1, 2001" for "October 1, 1999".
1996 - Subsec. (c)(3). Pub. L. 104-106 inserted comma after
"Defense Conversion".
1994 - Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 564(c)(1), substituted
"Secretary concerned" for "Secretary of a military department" in
introductory provisions.
Subsec. (a)(1)(B). Pub. L. 103-160, Sec. 561(f)(4)(A),
substituted "October 1, 1999" for "October 1, 1995".
Subsec. (a)(2). Pub. L. 103-160, Sec. 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, Sec. 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, Sec. 564(c)(2), struck out "of
the military department" after "The Secretary".
Subsec. (e). Pub. L. 103-160, Sec. 564(c)(3), inserted before
period at end "and by the Secretary of Transportation with respect
to the Coast Guard".

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
this title.

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective as if included in the
Reserve Officer Personnel Management Act, title XVI of Pub. L. 103-
337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L.
104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT
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.

-End-



-CITE-
10 USC Sec. 12731b 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12731b. Special rule for members with physical disabilities
not incurred in line of duty

-STATUTE-
(a) In the case of a member of the Selected Reserve of a reserve
component who no longer meets the qualifications for membership in
the Selected Reserve solely because the member is unfit because of
physical disability, the Secretary concerned may, for purposes of
section 12731 of this title, determine to treat the member 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 has completed at least
15, and less than 20, years of service computed under section 12732
of this title.
(b) Notification under subsection (a) may not be made if -
(1) the disability was 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
(2) the disability was incurred during a period of unauthorized
absence.

-SOURCE-
(Added Pub. L. 106-65, div. A, title VI, Sec. 653(b)(1), Oct. 5,
1999, 113 Stat. 666.)

-End-



-CITE-
10 USC Sec. 12732 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12732. Entitlement to retired pay: computation of years of
service

-STATUTE-
(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 Navy 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.

(D) Points credited for the year under section 2126(b) of
this title.
(E) One point for each day on which funeral honors duty is
performed for at least two hours under section 12503 of this
title or section 115 of title 32, unless the duty is performed
while in a status for which credit is provided under another
subparagraph of this paragraph.

For the purpose of clauses (A), (B), (C), (D), and (E), 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 Navy 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).

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 102, Sec. 1332; Pub. L. 85-861,
Sec. 33(a)(9), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 86-197, Sec.
1(1)-(3), Aug. 25, 1959, 73 Stat. 425; Pub. L. 88-636, Sec. 1, Oct.
8, 1964, 78 Stat. 1034; Pub. L. 93-545, Sec. 1, Dec. 26, 1974, 88
Stat. 1741; Pub. L. 96-513, title V, Sec. 511(48), Dec. 12, 1980,
94 Stat. 2924; renumbered Sec. 12732 and amended Pub. L. 103-337,
div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998,
3000; Pub. L. 104-201, div. A, title V, Sec. 543(b)(1), Sept. 23,
1996, 110 Stat. 2522; Pub. L. 106-65, div. A, title V, Sec.
578(h)(1), Oct. 5, 1999, 113 Stat. 628; Pub. L. 109-163, div. A,
title V, Sec. 515(b)(1)(MM), Jan. 6, 2006, 119 Stat. 3234.)

-MISC1-



HISTORICAL AND REVISION NOTES
1956 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1332(a) 10:1036a(b). June 29, 1948, ch. 708,
Sec. 302(b), (c), 62
Stat. 1089; Sept. 7,
1949, ch. 547, Secs. 1,
2, 63 Stat. 693.
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,
Sec. 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."

1958 ACT
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.

-REFTEXT-
REFERENCES IN TEXT
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.


-MISC2-
AMENDMENTS
2006 - Subsecs. (a)(1)(E), (b)(2). Pub. L. 109-163 substituted
"Navy Reserve" for "Naval Reserve".
1999 - Subsec. (a)(2). Pub. L. 106-65 added subpar. (E) and
substituted ", (D), and (E)" for ", and (D)" in concluding
provisions.
1996 - Subsec. (a)(2). Pub. L. 104-201 added cl. (D) and
substituted "(C), and (D)" for "and (C)" in concluding provisions.
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, Secs. (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, Sec. 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).

EFFECTIVE DATE OF 1994 AMENDMENT
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.

EFFECTIVE DATE OF 1980 AMENDMENT
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.

EFFECTIVE DATE OF 1964 AMENDMENT
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."

EFFECTIVE DATE OF 1958 AMENDMENT
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.

SAVINGS PROVISION
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]."

TRACKING SYSTEM AND RECOMMENDATIONS TO CONGRESS RELATING TO AWARD
OF RETIREMENT POINTS
Section 531(b), (c) of Pub. L. 104-201 provided that:
"(b) Tracking System for Award of Retirement Points. - To better
enable the Secretary of Defense and Congress to assess the cost and
the effect on readiness of the amendment made by subsection (a)
[amending section 12733 of this title] and of other potential
changes to the Reserve retirement system under chapter 1223 of
title 10, United States Code, the Secretary of Defense shall
require the Secretary of each military department to implement a
system to monitor the award of retirement points for purposes of
that chapter by categories in accordance with the recommendation
set forth in the August 1988 report of the Sixth Quadrennial Review
of Military Compensation.
"(c) Recommendations to Congress. - The Secretary shall submit to
Congress, not later than one year after the date of the enactment
of this Act [Sept. 23, 1996], the recommendations of the Secretary
with regard to the adoption of the following Reserve retirement
initiatives recommended in the August 1988 report of the Sixth
Quadrennial Review of Military Compensation:
"(1) Elimination of membership points under subparagraph (C) of
section 12732(a)(2) of title 10, United States Code, in
conjunction with a decrease from 50 to 35 in the number of points
required for a satisfactory year under that section.
"(2) Limitation to 60 in any year on the number of points that
may be credited under subparagraph (B) of section 12732(a)(2) of
such title at two points per day.
"(3) Limitation to 360 in any year on the total number of
retirement points countable for purposes of section 12733 of such
title."

COAST GUARD WOMEN'S RESERVE; CONSTRUCTIVE SERVICE CREDIT:
RETIREMENT BENEFITS; RETROACTIVE PAY
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.
"Sec. 2. Creditable constructive service for a person qualified
under section 1 hereof shall be applied when providing retirement
benefits under the Army and Air Force Vitalization and Retirement
Equalization Act of 1948, as amended, or any other Act under which
the individual may be entitled to retirement from the Armed Forces.
"Sec. 3. Additional pay accruing to any person by virtue of
increased creditable service resulting from the inclusion of
constructive service creditable by application of section 1 hereof
shall not be made for active or inactive duty for which pay is
authorized by competent authority which is performed prior to the
first day of the calendar quarter next succeeding the calendar
quarter in which this Act becomes effective."

ADDITIONAL CLERICAL SERVICE CREDITABLE UNDER THIS CHAPTER
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."

-End-



-CITE-
10 USC Sec. 12733 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12733. Computation of retired pay: computation of years of
service

-STATUTE-
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), (C), or (D) of section 12732(a)(2) of this title, but not
more than -
(A) 60 days in any one year of service before the year of
service that includes September 23, 1996;
(B) 75 days in the year of service that includes September
23, 1996, and in any subsequent year of service before the year
of service that includes October 30, 2000; and
(C) 90 days in the year of service that includes October 30,
2000, and in any subsequent year of service.

(4) One day for each point credited to the person under
subparagraph (E) of section 12732(a)(2) of this title.
(5) 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.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 103, Sec. 1333; Pub. L. 85-861,
Sec. 33(a)(10), Sept. 2, 1958, 72 Stat. 1565; renumbered Sec. 12733
and amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1),
Oct. 5, 1994, 108 Stat. 2998, 3002; Pub. L. 104-201, div. A, title
V, Secs. 531(a), 543(b)(2), Sept. 23, 1996, 110 Stat. 2517, 2522;
Pub. L. 105-85, div. A, title X, Sec. 1073(a)(67), (c)(4), Nov. 18,
1997, 111 Stat. 1904; Pub. L. 106-65, div. A, title V, Sec.
578(h)(2), Oct. 5, 1999, 113 Stat. 628; Pub. L. 106-398, Sec. 1
[[div. A], title VI, Sec. 652], Oct. 30, 2000, 114 Stat. 1654,
1654A-163; Pub. L. 107-107, div. A, title X, Sec. 1048(c)(16), Dec.
28, 2001, 115 Stat. 1227.)

-MISC1-



HISTORICAL AND REVISION NOTES
1956 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1333 10:1036b (less 1st 91 June 29, 1948, ch. 708,
words, and less 1st Secs. 303 (less 1st 91
proviso). 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, Sec. 3,
63 Stat. 693.
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).
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.

1958 ACT
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).

AMENDMENTS
2001 - Par. (3)(B). Pub. L. 107-107, Sec. 1048(c)(16)(A),
substituted "October 30, 2000" for "the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001".
Par. (3)(C). Pub. L. 107-107, Sec. 1048(c)(16)(B), substituted
"October 30, 2000," for "the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001".
2000 - Par. (3). Pub. L. 106-398 substituted "but not more than -
" and subpars. (A) to (C) for "but not more than 60 days in any one
year of service before the year of service that includes September
23, 1996, and not more than 75 days in any subsequent year of
service."
1999 - Pars. (4), (5). Pub. L. 106-65 added par. (4) and
redesignated former par. (4) as (5).
1997 - Par. (3). Pub. L. 105-85, Sec. 1073(c)(4), made technical
correction to directory language of Pub. L. 104-201, Sec. 531(a).
See 1996 Amendment note below.
Pub. L. 105-85, Sec. 1073(a)(67), inserted a comma after "(B)"
and substituted "that includes September 23, 1996," for "in which
the date of the enactment of the National Defense Authorization Act
for Fiscal Year 1997 occurs".
1996 - Par. (3). Pub. L. 104-201, Sec. 543(b)(2), substituted
"(C), or (D)" for "or (C)".
Pub. L. 104-201, Sec. 531(a), as amended by Pub. L. 105-85, Sec.
1073(c)(4), inserted before period at end "of service before the
year of service in which the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1997 occurs and not more
than 75 days in any subsequent year of service".
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.

EFFECTIVE DATE OF 1997 AMENDMENT
Section 1073(c) of Pub. L. 105-85 provided that the amendment
made by that section is effective as of Sept. 23, 1996, and as if
included in the National Defense Authorization Act for Fiscal Year
1997, Pub. L. 104-201, as enacted.

EFFECTIVE DATE OF 1994 AMENDMENT
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.

EFFECTIVE DATE OF 1958 AMENDMENT
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.

-End-



-CITE-
10 USC Sec. 12734 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12734. Time not creditable toward years of service

-STATUTE-
(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.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1334; Pub. L. 87-651,
title I, Sec. 108, Sept. 7, 1962, 76 Stat. 509; renumbered Sec.
12734 and amended Pub. L. 103-337, div. A, title XVI, Sec.
1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-



HISTORICAL AND REVISION NOTES
1956 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1334(a) 10:1036c (last sentence, June 29, 1948, ch. 708,
as applicable to inactive Secs. 304 (last
status). sentence), 308 (last 41
words of 2d sentence),
62 Stat. 1088, 1090.
10:1036g (last 41 words
of 2d sentence).
34:440k (last sentence,
as applicable to inactive
status).
July 9, 1952, ch. 608,
Sec. 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.

1962 ACT
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.

AMENDMENTS
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."

EFFECTIVE DATE OF 1994 AMENDMENT
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.

EFFECTIVE DATE OF 1962 AMENDMENT
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."

-End-



-CITE-
10 USC Sec. 12735 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12735. Inactive status list

-STATUTE-
(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).

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1335; renumbered Sec.
12735 and amended Pub. L. 103-337, div. A, title XVI, Sec.
1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1335(a) 10:1036g (1st sentence). June 29, 1948, ch. 708,
Sec. 308 (less last 41
words of 2d sentence),
62 Stat. 1090.

1335(b)
34:440o (1st sentence).
10:1036g (2d sentence,
less last 41 words).
34:440o (2d sentence,
less last 41 words).
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.

AMENDMENTS
1994 - Pub. L. 103-337 renumbered section 1335 of this title as
this section and amended text generally, making changes in style.

EFFECTIVE DATE OF 1994 AMENDMENT
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.

-End-



-CITE-
10 USC Sec. 12736 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12736. Service credited for retired pay benefits not excluded
for other benefits

-STATUTE-
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.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1336; renumbered Sec.
12736 and amended Pub. L. 103-337, div. A, title XVI, Sec.
1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1336 10:1036d (less 1st June 29, 1948, ch. 708,
sentence). Sec. 305 (less 1st
sentence), 62 Stat. 1089.
34:440l (less 1st
sentence).
--------------------------------------------------------------------


AMENDMENTS
1994 - Pub. L. 103-337 renumbered section 1336 of this title as
this section and restated catchline and text without change.

EFFECTIVE DATE OF 1994 AMENDMENT
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.

-End-



-CITE-
10 USC Sec. 12737 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12737. Limitation on active duty

-STATUTE-
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.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1337; renumbered Sec.
12737 and amended Pub. L. 103-337, div. A, title XVI, Sec.
1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1337 10:1036h. June 29, 1948, ch. 708,
Sec. 309, 62 Stat. 1090.
34:440p.
--------------------------------------------------------------------

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".

AMENDMENTS
1994 - Pub. L. 103-337 renumbered section 1337 of this title as
this section and amended text generally, substituting "the member"
for "him".

EFFECTIVE DATE OF 1994 AMENDMENT
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.

-End-



-CITE-
10 USC Sec. 12738 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12738. Limitations on revocation of retired pay

-STATUTE-
(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.

-SOURCE-
(Added Pub. L. 89-652, Sec. 2(1), Oct. 14, 1966, 80 Stat. 902, Sec.
1406; renumbered Sec. 1338 and amended Pub. L. 99-348, title I,
Sec. 104(a), July 1, 1986, 100 Stat. 686; renumbered Sec. 12738 and
amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct.
5, 1994, 108 Stat. 2998, 3003.)


-MISC1-
AMENDMENTS
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).

EFFECTIVE DATE OF 1994 AMENDMENT
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.

ENTITLEMENT TO RETIREMENT PAY AFTER OCTOBER 14, 1966;
CONCLUSIVENESS
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."

-End-



-CITE-
10 USC Sec. 12739 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12739. Computation of retired pay

-STATUTE-
(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) 2 1/2 percent of the years of service credited to that
person under section 12733 of this title.

(b) If a person entitled to retired pay under this chapter has
been credited by the Secretary concerned with extraordinary heroism
in the line of duty and if the highest grade held satisfactorily by
that person at any time in the armed forces is an enlisted grade,
the person's retired pay shall be increased by 10 percent of the
amount determined under subsection (a). The Secretary's
determination as to extraordinary heroism is conclusive for all
purposes.
(c)(1) Except as provided in paragraph (2), the total amount of
the monthly retired pay computed under subsections (a) and (b) may
not exceed 75 percent of the retired pay base upon which the
computation is based.
(2) In the case of a person who retires after December 31, 2006,
with more than 30 years of service credited to that person under
section 12733 of this title, the total amount of the monthly
retired pay computed under subsections (a) and (b) may not exceed
the sum of -
(A) 75 percent of the retired pay base upon which the
computation is based; and
(B) the product of -
(i) the retired pay base upon which the computation is based;
and
(ii) 2 1/2 percent of the years of service credited to that
person under section 12733 of this title, for service under
conditions authorized for purposes of this paragraph during a
period designated by the Secretary of Defense for purposes of
this paragraph.

(d) Amounts computed under this section, if not a multiple of $1,
shall be rounded down to the next lower multiple of $1.

-SOURCE-
(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5,
1994, 108 Stat. 3004; amended Pub. L. 107-314, div. A, title VI,
Sec. 632(a), (b), Dec. 2, 2002, 116 Stat. 2572; Pub. L. 109-364,
div. A, title VI, Sec. 642(b), Oct. 17, 2006, 120 Stat. 2259.)


-MISC1-
PRIOR PROVISIONS
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, Sec. 1662(j)(2).

AMENDMENTS
2006 - Subsec. (c). Pub. L. 109-364 designated existing
provisions as par. (1), substituted "Except as provided in
paragraph (2), the" for "The", and added par. (2).
2002 - Subsec. (b). Pub. L. 107-314, Sec. 632(a)(2), added
subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107-314, Sec. 632(a)(1), (b), redesignated
subsec. (b) as (c) and substituted "total amount of the monthly
retired pay computed under subsections (a) and (b)" for "amount
computed under subsection (a)". Former subsec. (c) redesignated
(d).
Subsec. (d). Pub. L. 107-314, Sec. 632(a)(1), redesignated
subsec. (c) as (d).

EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-314, div. A, title VI, Sec. 632(c), Dec. 2, 2002, 116
Stat. 2572, provided that: "The amendments made by subsections (a)
and (b) [amending this section] shall take effect on October 1,
2002, and shall apply with respect to retired pay for months
beginning on or after that date."

EFFECTIVE DATE
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.

-End-



-CITE-
10 USC Sec. 12740 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12740. Eligibility: denial upon certain punitive discharges or
dismissals

-STATUTE-
A person who -
(1) is convicted of an offense under the Uniform Code of
Military Justice (chapter 47 of this title) and whose sentence
includes death; or
(2) is separated pursuant to sentence of a court-martial with a
dishonorable discharge, a bad conduct discharge, or (in the case
of an officer) a dismissal,

is not eligible for retired pay under this chapter.

-SOURCE-
(Added Pub. L. 104-106, div. A, title VI, Sec. 632(a)(1), Feb. 10,
1996, 110 Stat. 365.)


-MISC1-
EFFECTIVE DATE
Section 632(b) of Pub. L. 104-106 provided that: "Section 12740
of title 10, United States Code, as added by subsection (a), shall
apply with respect to court-martial sentences adjudged after the
date of the enactment of this Act [Feb. 10, 1996]."

-End-



-CITE-
10 USC Sec. 12741 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1223 - RETIRED PAY FOR NON-REGULAR SERVICE

-HEAD-
Sec. 12741. Retirement from active reserve service performed after
regular retirement

-STATUTE-
(a) Election of Reserve Retired Pay. - A person who, after
becoming entitled to retired or retainer pay under chapter 65, 367,
571, or 867 of this title, serves in an active status in a reserve
component is entitled to retired pay under this chapter if -
(1) the person would, but for paragraphs (3) and (4) of section
12731(a) of this title, otherwise be entitled to retired pay
under this chapter;
(2) the person elects under this section to receive retired pay
under this chapter; and
(3) the person's service in an active status after having
become entitled to retired or retainer pay under that chapter is
determined by the Secretary concerned to have been satisfactory.

(b) Actions To Effectuate Election. - As of the effective date of
an election made by a person under subsection (a), the Secretary
concerned shall -
(1) terminate the person's entitlement to retired or retainer
pay under the applicable chapter of this title referred to in
subsection (a); and
(2) in the case of a reserve commissioned officer, transfer the
officer to the Retired Reserve.

(c) Time and Form of Election. - An election under subsection (a)
shall be made within such time and in such form as the Secretary
concerned requires.
(d) Effective Date of Election. - An election made by a person
under subsection (a) shall be effective -
(1) except as provided in paragraph (2)(B), as of the date on
which the person attains 60 years of age, if the Secretary
concerned receives the election in accordance with this section
within 180 days after that date; or
(2) on the first day of the first month that begins after the
date on which the Secretary concerned receives the election in
accordance with this section, if -
(A) the date of the receipt of the election is more than 180
days after the date on which the person attains 60 years of
age; or
(B) the person retires from service in an active status
within that 180-day period.

-SOURCE-
(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.
653(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-164; amended Pub.
L. 107-107, div. A, title X, Sec. 1048(a)(31), Dec. 28, 2001, 115
Stat. 1225; Pub. L. 109-364, div. A, title X, Sec. 1071(a)(41),
Oct. 17, 2006, 120 Stat. 2400.)


-MISC1-
AMENDMENTS
2006 - Subsecs. (c), (d). Pub. L. 109-364 substituted "subsection
(a)" for "subsection (b)".
2001 - Subsec. (a)(2). Pub. L. 107-107 substituted "receive" for
"received".

EFFECTIVE DATE
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 653(b)], Oct.
30, 2000, 114 Stat. 1654, 1654A-165, provided that: "Section 12741
of title 10, United States Code, as added by subsection (a), shall
take effect 180 days after the date of the enactment of this Act
[Oct. 30, 2000] and shall apply with respect to retired pay payable
for months beginning on or after that effective date."

-End-

   

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