CHAPTER 65 —RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE
Amendments
1980—
Chapter Referred to in Other Sections
This chapter is referred to in
§1293. Twenty years or more: warrant officers
The Secretary concerned may, upon the warrant officer's request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1293 | 10:600(d) (as applicable to 10:600l(a)). 10:600 l(a).34:135(d) (as applicable to 34:430(a)). 34:430(a). |
May 29, 1954, ch. 249, §§2(d) (as applicable to §14(a)), 14(a), |
The words, "The Secretary concerned may * * * retire" are substituted for the words "may * * * and in the discretion of the Secretary, be retired". 10:600l(a) (last 14 words) and 34:430(a) (last 14 words) are omitted as covered by
References in Text
Section 511 of the Career Compensation Act of 1949, referred to in text, is set out as a note under
Amendments
1962—
Effective Date of 1962 Amendment
Amendment by
Temporary Early Retirement Authority
Similar provisions were contained in the following prior appropriation acts:
[Section 566(c) of
"(a)
"(b)
"(A) apply the provisions of
"(B) apply the provisions of section 3914 of such title to an enlisted member with at least 15 but less than 20 years of service by substituting 'at least 15' for 'at least 20'; and
"(C) apply the provisions of section 1293 of such title to a warrant officer with at least 15 but less than 20 years of service by substituting 'at least 15 years' for 'at least 20 years'.
"(2) During the active force drawdown period, the Secretary of the Navy may—
"(A) apply the provisions of
"(B) apply the provisions of section 6330 of such title to an enlisted member of the Navy or Marine Corps with at least 15 but less than 20 years of service by substituting '15 or more years' for '20 or more years' in the first sentence of subsection (a)[(b)], in the case of an enlisted member of the Navy, and in the second sentence of subsection (b), in the case of an enlisted member of the Marine Corps; and
"(C) apply the provisions of section 1293 of such title to a warrant officer with at least 15 but less than 20 years of service by substituting 'at least 15 years' for 'at least 20 years'.
"(3) During the active force drawdown period, the Secretary of the Air Force may—
"(A) apply the provisions of
"(B) apply the provisions of section 8914 of such title to an enlisted member with at least 15 but less than 20 years of service by substituting 'at least 15' for 'at least 20'.
"(c)
"(1) register on the registry maintained under
"(2) receive information regarding public and community service job opportunities from the Secretary of Defense or another source approved by the Secretary and be afforded, on request, counseling on such job opportunities.
"(d)
"(e)
"(f)
"(2) In each fiscal year in which the Secretary of a military department retires a member of the Armed Forces under the authority of this section, the Secretary shall credit to a subaccount (which the Secretary shall establish) within the appropriation account for that fiscal year for pay and allowances of active duty members of the Armed Forces under the jurisdiction of that Secretary such amount as is necessary to pay the retired pay payable to such member for the entire initial period (determined under paragraph (3)) of the entitlement of that member to receive retired pay.
"(3) The initial period applicable under paragraph (2) in the case of a retired member referred to in that paragraph is the number of years (and any fraction of a year) that is equal to the difference between 20 years and the number of years (and any fraction of a year) of service that were completed by the member (as computed under the provision of law used for determining the member's years of service for eligibility to retirement) before being retired under the authority of this section.
"(4) The Secretary shall pay the member's retired pay for such initial period out of amounts credited to the subaccount under paragraph (2). The amounts so credited with respect to that member shall remain available for payment for that period.
"(5) For purposes of this subsection—
"(A) the transfer of an enlisted member of the Navy or Marine Corps to the Fleet Reserve or Fleet Marine Corps Reserve shall be treated as a retirement; and
"(B) the term 'retired pay' shall be treated as including retainer pay.
"(g)
"(2) [Amended
"(h)
"(i)
Section Referred to in Other Sections
This section is referred to in
§1305. Thirty years or more: regular warrant officers
(a)(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5) who has at least 30 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (
(2)(A) A regular Army warrant officer in the grade of chief warrant officer, W–5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (
(B) A regular Army warrant officer in a warrant officer grade below the grade of chief warrant officer, W–5, who completes 24 years of active service as a warrant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a warrant officer, except as provided by
(b) The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to retire under this section.
(c) Under such regulations as he may prescribe, the Secretary concerned may defer the retirement under subsection (a) of any warrant officer upon the recommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after he becomes 62 years of age.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1305(a) | 10:600(d) (as applicable to 10:600l(b)(2)). 10:600 l(b)(2) (last sentence).10:600r(c) (as applicable to 10:600 l(b)(2)).34:135(d) (as applicable to 34:430(b)(2)). |
May 29, 1954, ch. 249, §§2(d) (as applicable to §14(b)(2)), 14(b)(2), (e) (as applicable to (b)(2)), 21(c) (as applicable to §14(b)(2)), |
| 34:430(b)(2) (last sentence). | ||
| 34:430c (as applicable to 34:430(b)(2)). | ||
| 1305(b) | 10:600l(e) (as applicable to 10:600l(b)(2)). | |
| 34:430(e) (as applicable to 34:430(b)(2)). | ||
| 1305(c) | 10:600l(b)(2) (less last sentence). | |
| 34:430(b)(2) (less last sentence). |
In subsection (a), the words "has at least" are substituted for the words "has completed". The words "and is not so continued on active service" and "on that date which" are omitted as surplusage. 10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 words of last sentence) are omitted as covered by
In subsection (b), the words "The Secretary concerned may defer" are substituted for the words "may, in the discretion of the Secretary, be deferred". The words "determination of his" are inserted for clarity. The words "not more than" are substituted for the words "a period not to exceed". The words "he would otherwise be required to retire under this section" are substituted for the words "retirement * * * would otherwise be required". The words "which is required", "possible", "proper", and "a period of" are omitted as surplusage.
In subsection (c), the words "the Secretary concerned may defer the retirement" are substituted for the words "in the discretion of the Secretary * * * be continued on active service". The words "but not later than" are substituted for the words "but not beyond that date which is".
References in Text
Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a), is set out as a note under
Amendments
1991—Subsec. (a).
1966—Subsec. (a).
1962—Subsec. (a).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§1315. Computation of retired pay: law applicable
A member of the armed forces retired under this chapter is entitled to retired pay computed under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1315 | [No source]. | [No source]. |
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.