10 USC 1209: Transfer to inactive status list instead of separation
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10 USC 1209: Transfer to inactive status list instead of separation Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 61-RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
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§1209. Transfer to inactive status list instead of separation

Any member of the armed forces who has at least 20 years of service computed under section 1332 1 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 1335 1 of this title and, if otherwise eligible, to receive retired pay under chapter 71 of this title upon becoming 60 years of age.

(Aug. 10, 1956, ch. 1041, 70A Stat. 95 ; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, §1621(a)(1), 103 Stat. 1602 .)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1209 37:272(g). Oct. 12, 1949, ch. 681, §402(g), 63 Stat. 820 .

The words "Notwithstanding the foregoing provisions of this section", "satisfactory Federal", and "and receiving disability severance pay" are omitted as surplusage. The words "at the time of the determination" are substituted for the word "current". The word "otherwise" is substituted for the words "in all other respects".

References in Text

Sections 1332 and 1335 of this title, referred to in text, were renumbered sections 12732 and 12735 of this title, respectively, and amended generally by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998 , 3000, 3003.

Amendments

1989-Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration".

Cross References

Members on active duty for 30 days or less, see section 1206 of this title.

Regulars and members on active duty for more than 30 days, see section 1203 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1203, 1206 of this title.

1 See References in Text note below.