§12731. Age and service requirements
(a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-
(1) is at least 60 years of age;
(2) has performed at least 20 years of service computed under section 12732 of this title;
(3) performed the last eight years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and
(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
(b) Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Transportation, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
(c)(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by section 12732(a)(1) of this title except a regular component, is not eligible for retired pay under this chapter unless-
(A) the person performed active duty during World War I or World War II; or
(B) the person performed active duty (other than for training) during the Korean conflict, the Berlin crisis, or the Vietnam era.
(2) In this subsection:
(A) The term "World War I" means the period beginning on April 6, 1917, and ending on November 11, 1918.
(B) The term "World War II" means the period beginning on September 9, 1940, and ending on December 31, 1946.
(C) The term "Korean conflict" means the period beginning on June 27, 1950, and ending on July 27, 1953.
(D) The term "Berlin crisis" means the period beginning on August 14, 1961, and ending on May 30, 1963.
(E) The term "Vietnam era" means the period beginning on August 5, 1964, and ending on March 27, 1973.
(d) The Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the Survivor Benefit Plan established under subchapter II of chapter 73 of this title and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter, and the effects of such elections.
(e) Notwithstanding section 8301 of title 5, the date of entitlement to retired pay under this section shall be the date on which the requirements of subsection (a) have been completed.
(f) 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".
(Aug. 10, 1956, ch. 1041,
| 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). 34:440 l (1st sentence). |
June 29, 1948, ch. 708, §§302(a), (d), 305 (1st sentence), |
| 1331(b) | 10:1036a(d). | |
| 34:440i(d). | ||
| 1331(c) | 10:1036a(a) (last proviso). | |
| 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,
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.
1958 Act
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.
References in Text
The date of the enactment of this subsection, referred to in subsec. (f), means the date of enactment of
Amendments
1994-
Subsec. (f).
1989-Subsec. (d).
1983-Subsec. (c).
"(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).
Subsec. (e).
1978-Subsec. (d).
1968-Subsec. (e).
1966-Subsec. (d).
1958-Subsec. (a)(3).
Subsec. (c).
Effective Date of 1994 Amendment
Amendment by section 1662(j)(1) of
Effective Date of 1989 Amendment
Section 1404(b)(3) of
Effective Date of 1983 Amendment
Section 924(b) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Reserve Retirement System; Report to Congress
Survivor Annuities; Effective Date
Payment of Survivor Annuities Benefits Prior to October 1, 1976
Entitlement to Retirement Pay After October 14, 1966; Conclusiveness
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
Cross References
Cadets at Military, Air Force, and Naval Academies, appointment of children of members granted retired pay, see sections 4342, 6954, and 9342 of this title.
Computation of retired pay, see section 1401 of this title.
Years of service, computation of, see section 1405 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1331, 1370, 1405, 1406, 1407, 1408, 1447, 1448, 1482, 4342, 6954, 9342, 12731a, 12732, 12738 of this title.