Historical and Revision Notes | ||
---|---|---|
1956 Act | ||
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). 34:440l (1st sentence). | June 29, 1948, ch. 708, §§ 302(a), (d), 305 (1st sentence), 62 Stat. 1087–1089; July 12, 1952, ch. 698, 66 Stat. 590. |
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 Section 311 of the source statute, which made title III of that act applicable to the Coast Guard, was expressly repealed by the Act of August 4, 1949, ch. 393, § 20, 63 Stat. 565, the act which codified Title 14 of the United States Code. 14 U.S.C. 755(e) provides for Coast Guard Reservists the same retirement benefits as those prescribed by law for the Naval Reserve, and, for this purpose, confers upon the Secretary of the Treasury the same authority as that conferred upon the Secretary of the Navy, when the Coast Guard is operating under the Treasury Department. Accordingly, the revised chapter is made expressly applicable to the Coast Guard.
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.
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,
Section 712 of title 14, referred to in subsec. (f)(2)(B)(iv), was redesignated section 3713 of title 14 by Pub. L. 115–282, title I, § 118(b),
2019—Subsec. (f)(2)(B)(i). Pub. L. 116–92 substituted “under section 12301(d) or 12304b of this title, or under a provision of law referred to in section 101(a)(13)(B)” for “under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)”.
2014—Subsec. (f)(2)(A). Pub. L. 113–291 inserted “, subject to subparagraph (C),” after “shall be reduced” and substituted “serves on such active duty or performs such active service in any fiscal year after
2013—Subsec. (f)(2)(B)(iv). Pub. L. 112–239 added cl. (iv).
Subsec. (f)(3). Pub. L. 113–66 added par. (3).
2011—Subsec. (f)(2)(B)(iii). Pub. L. 111–383 added cl. (iii).
2009—Subsec. (f)(2)(A). Pub. L. 111–84 substituted “
2008—Subsec. (a)(1). Pub. L. 110–181, § 647(a)(1), added par. (1) and struck out former par. (1) which read as follows: “is at least 60 years of age;”.
Subsec. (f). Pub. L. 110–181, § 647(a)(2), added subsec. (f).
2006—Subsec. (a)(3). Pub. L. 109–364 substituted “before
2004—Subsec. (a)(3). Pub. L. 108–375 inserted after par. (3) designation “in the case of a person who completed the service requirements of paragraph (2) before the end of the 180-day period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2005,”.
2002—Subsec. (a)(3). Pub. L. 107–314, § 631(a), substituted “six years” for “eight years” and inserted before semicolon “, except that in the case of a person who completed the service requirements of paragraph (2) before
Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
Subsec. (f). Pub. L. 107–314, § 631(b), struck out subsec. (f) which read as follows: “In the case of a person who completes the service requirements of subsection (a)(2) during the period beginning on
2000—Subsec. (f). Pub. L. 106–398 substituted “
1998—Subsec. (f). Pub. L. 105–261 substituted “
1996—Subsec. (f). Pub. L. 104–106 substituted “
1994—Pub. L. 103–337, § 1662(j)(1), renumbered section 1331 of this title as this section and amended text generally, making changes in style and in references to other sections.
Subsec. (f). Pub. L. 103–337, § 636, added subsec. (f) which read as follows: “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
1989—Subsec. (d). Pub. L. 101–189 inserted “and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter,” after “this title”.
1983—Subsec. (c). Pub. L. 98–94 substituted “unless—
“(1) he performed active duty after
“(2) he performed active duty (other than for training) after
for “unless he performed active duty after
1980—Subsec. (b). Pub. L. 96–513, § 511(47)(A), substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Subsec. (e). Pub. L. 96–513, § 511(47)(B), struck out “United States Code,” after “title 5,”.
1978—Subsec. (d). Pub. L. 95–397 inserted provisions requiring that notice include notification of elections available under the Survivor Benefit Plan and the effects thereof.
1968—Subsec. (e). Pub. L. 90–485 added subsec. (e).
1966—Subsec. (d). Pub. L. 89–652 added subsec. (d).
1958—Subsec. (a)(3). Pub. L. 85–861 struck out provisions which related to service as a member of the Army or the Air Force without component.
Subsec. (c). Pub. L. 85–704 made persons who performed active duty (other than for training) after
Amendment by Pub. L. 112–239 applicable to call or order to active duty authorized under section 3713 of Title 14, Coast Guard, after
Amendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after
Pub. L. 107–314, div. A, title VI, § 631(c),
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on
Amendment by section 1662(j)(1) of Pub. L. 103–337 effective
Pub. L. 101–189, div. A, title XIV, § 1404(b)(3),
Pub. L. 98–94, title IX, § 924(b),
Amendment by Pub. L. 96–513 effective
Amendment by Pub. L. 95–397 applicable to notifications after
Amendment by Pub. L. 90–485 effective
Amendment by Pub. L. 85–861 effective
Pub. L. 110–181, div. A, title VI, § 647(c),
Pub. L. 99–348, title III, § 302,
Pub. L. 94–448, § 1,
Pub. L. 94–448, § 2,
Notification of completion of requisite years of service as conclusive for entitlement to retirement pay if made after