10 USC 6391: Naval Reserve and Marine Corps Reserve; officers: retirement at age 62
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10 USC 6391: Naval Reserve and Marine Corps Reserve; officers: retirement at age 62 Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle C-Navy and Marine CorpsPART II-PERSONNELCHAPTER 573-INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
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§6391. Naval Reserve and Marine Corps Reserve; officers: retirement at age 62

(a) An officer in an active status or on the inactive status list in the Naval Reserve or the Marine Corps Reserve in a grade above chief warrant officer, W–5, shall, except as provided in subsections (b) and (c), be transferred to the Retired Reserve when he becomes 62 years of age.

(b) The Secretary of the Navy may defer the retirement under this section of any officer of the Naval Reserve in a grade above captain or any officer of the Marine Corps Reserve in a grade above colonel and retain him in an active status until he becomes 64 years of age. However, not more than ten officers may be so deferred at any one time, distributed between the Naval Reserve and the Marine Corps Reserve as the Secretary determines.

(c) An officer who was initially appointed in the Naval Reserve or the Marine Corps Reserve before January 1, 1953, and who cannot complete 20 years of service computed under section 1332 1 of this title before he becomes 62 years of age, but can complete this service by the time he becomes 64 years of age, may be retained in an active status not later than the date he becomes 64 years of age.

(Added Pub. L. 85–861, §1(144)(B), Sept. 2, 1958, 72 Stat. 1510 ; amended Pub. L. 86–559, §1(47), June 30, 1960, 74 Stat. 275 ; Pub. L. 102–190, div. A, title XI, §1131(8)(A), Dec. 5, 1991, 105 Stat. 1506 .)

Repeal of Section

Pub. L. 103–337, div. A, title XVI, §§1629(b)(3), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963 , 3026, provided that, effective Oct. 1, 1996, this section is repealed.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6391(a) 50:1312(a) (1st sentence). Sept. 3, 1954, ch. 1257, §412(a) (1st sentence), 68 Stat. 1171 .
6391(b) 50:1312(b). Sept. 3, 1954, ch. 1257, §412(b), 68 Stat. 1171 .
6391(c) 50:1312(a) (2d sentence). Sept. 3, 1954, ch. 1257. §412(a) (2d sentence), 68 Stat. 1171.

In subsection (c), the words "20 years of service computed under section 1332 of this title" are substituted for the words "twenty years of satisfactory Federal service for retirement purposes" for clarity and accuracy.

References in Text

Section 1332 of this title, referred to in subsec. (c), was renumbered section 12732 of this title and amended generally by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998 , 3000.

Amendments

1991-Subsec. (a). Pub. L. 102–190 substituted "W–5" for "W–4".

1960-Subsec. (a). Pub. L. 86–559 included officers on the inactive status list.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Section Referred to in Other Sections

This section is referred to in section 123 of this title.

1 See References in Text note below.