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Historical and Revision Notes
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8961
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10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).
10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).
10:947a (last 11 words).
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Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 902, 905.
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10:1025.
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Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504.
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R.S. 1254.
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The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.
Editorial Notes
Prior Provisions
Prior sections 9341 and 9341a were renumbered sections 9441 and 9441a of this title, respectively.
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 508(b)(4)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title.”
Subsec. (b). Pub. L. 116–283, § 508(b)(4)(B), inserted “or a Regular or Reserve of the Space Force” after “Air Force” and substituted “the member” for “he” and “the member’s” for “his”.
2018—Pub. L. 115–232 renumbered section 8961 of this title as this section.
2000—Subsec. (a). Pub. L. 106–398 struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”.
1994—Subsec. (a). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”.
1980—Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted “not covered by subsection (a)” after “a Regular or Reserve of the Air Force”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–398 applicable to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after Oct. 1, 1996, see section 1 [[div. A], title V, § 506(c)] of Pub. L. 106–398, set out as a note under section 7341 of this title.
