10 U.S. Code § 12731 - Age and service requirements
Historical and Revision Notes |
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1956 Act |
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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). 34:440l (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). |
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34:440i(d). |
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1331(c) |
10:1036a(a) (last proviso). |
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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 Section 311 of the source statute, which made title III of that act applicable to the Coast Guard, was expressly repealed by the Act of August 4, 1949, ch. 393, § 20, 63 Stat. 565, the act which codified Title 14 of the United States Code. 14 U.S.C. 755(e) provides for Coast Guard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.
Section 712 of title 14, referred to in subsec. (f)(2)(B)(iv), was redesignated section 3713 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 712 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
2019—Subsec. (f)(2)(B)(i). Pub. L. 116–92 substituted “under section 12301(d) or 12304b of this title, or under a provision of law referred to in section 101(a)(13)(B)” for “under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)”.
2014—Subsec. (f)(2)(A). Pub. L. 113–291 inserted “, subject to subparagraph (C),” after “shall be reduced” and substituted “serves on such active duty or performs such active service in any fiscal year after January 28, 2008, or in any two consecutive fiscal years after September 30, 2014” for “so performs in any fiscal year after such date, subject to subparagraph (C)”.
2013—Subsec. (f)(2)(B)(iv). Pub. L. 112–239 added cl. (iv).
Subsec. (f)(3). Pub. L. 113–66 added par. (3).
2011—Subsec. (f)(2)(B)(iii). Pub. L. 111–383 added cl. (iii).
2009—Subsec. (f)(2)(A). Pub. L. 111–84 substituted “January 28, 2008” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008”.
2008—Subsec. (a)(1). Pub. L. 110–181, § 647(a)(1), added par. (1) and struck out former par. (1) which read as follows: “is at least 60 years of age;”.
Subsec. (f). Pub. L. 110–181, § 647(a)(2), added subsec. (f).
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, § 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, § 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, § 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 Pub. L. 112–239 applicable to call or order to active duty authorized under section 3713 of Title 14, Coast Guard, after Dec. 31, 2011, and deemed to have been enacted on Dec. 31, 2011, for purposes of applying the amendment to this section, section 701 of this title, and section 5538 of Title 5, Government Organization and Employees, see section 681(d) of Pub. L. 112–239, set out as a note under section 101 of this title.
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.
Pub. L. 107–314, div. A, title VI, § 631(c), Dec. 2, 2002, 116 Stat. 2572, provided that:
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.
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.
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.
Pub. L. 101–189, div. A, title XIV, § 1404(b)(3), Nov. 29, 1989, 103 Stat. 1586, as amended by Pub. L. 101–510, div. A, title VI, § 631(1), Nov. 5, 1990, 104 Stat. 1580, provided that:
Pub. L. 98–94, title IX, § 924(b), Sept. 24, 1983, 97 Stat. 644, provided that:
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. 110–181, div. A, title VI, § 647(c), Jan. 28, 2008, 122 Stat. 161, provided that:
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:
Pub. L. 94–448, § 2, Oct. 1, 1976, 90 Stat. 1499, provided that:
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.