10 U.S. Code § 12308 - Retention after becoming qualified for retired pay

Any person who has qualified for retired pay under chapter 1223 of this title may, with his consent and by order of the Secretary concerned, be retained on active duty, or in service in a reserve component other than that listed in section 12732 (b) of this title. A member so retained shall be credited with that service for all purposes.


(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 676; renumbered § 12308 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(6),Oct. 5, 1994, 108 Stat. 2992, 3017.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
676 10:1036a(e).
34:440i(e). June 29, 1948, ch. 708, § 302(e), 62 Stat. 1088.

The words “active duty, or in service, in a reserve component other than that listed in section 1332(b) of this title” are inserted to reflect the words “Federal service”, as used in Title III of the source statute. The words “that service for all purposes” are substituted for 10:1036a(e) (last 11 words) and 34:440i(e) (last 11 words). The words “upon attaining the age of sixty years” are omitted as surplusage.

1994—Pub. L. 103–337, § 1675(c)(6), substituted “1223” for “67” and “12732(b)” for “1332(b)”.
Pub. L. 103–337, § 1662(e)(2), renumbered section 676 of this title as this section.
Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337, set out as an Effective Date note under section 10001 of this title.


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