US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 12731

Age and service requirements

(a)
section 12739 of this title Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under , if the person—
(1)
has attained the eligibility age applicable under subsection (f) to that person;
(2)
section 12732 of this title has performed at least 20 years of service computed under ;
(3)
section 12732(a)(1) of this title in the case of a person who completed the service requirements of paragraph (2) before , performed the last six years of qualifying service while a member of any category named in , but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before , the number of years of such qualifying service under this paragraph shall be eight; 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 Homeland Security, 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)
section 12732(a)(1) of this title A person who, before , was a Reserve of an armed force, or a member of the Army without component or other category covered by 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 , and ending on .
(B)
The term “World War II” means the period beginning on , and ending on .
(C)
The term “Korean conflict” means the period beginning on , and ending on .
(D)
The term “Berlin crisis” means the period beginning on , and ending on .
(E)
The term “Vietnam era” means the period beginning on , and ending on .
(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)
section 8301 of title 5 Notwithstanding , 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)
(1)
Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.
(2)
(A)
In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after , the eligibility age for purposes of subsection (a)(1) shall be reduced, subject to subparagraph (C), below 60 years of age by three months for each aggregate of 90 days on which such person serves on such active duty or performs such active service in any fiscal year after , or in any two consecutive fiscal years after . A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.
(B)
(i)
section 101(a)(13)(B) of this titlesection 12310 of this title Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under section 12301(d) or 12304b of this title, or under a provision of law referred to in . Such service does not include service on active duty pursuant to a call or order to active duty under .
(ii)
section 502(f) of title 32 Active service described in this subparagraph is also service under a call to active service authorized by the President or the Secretary of Defense under for purposes of responding to a national emergency declared by the President or supported by Federal funds.
(iii)
section 12301(h)(1) of this title If a member described in subparagraph (A) is wounded or otherwise injured or becomes ill while serving on active duty pursuant to a call or order to active duty under a provision of law referred to in the first sentence of clause (i) or in clause (ii), and the member is then ordered to active duty under to receive medical care for the wound, injury, or illness, each day of active duty under that order for medical care shall be treated as a continuation of the original call or order to active duty for purposes of reducing the eligibility age of the member under this paragraph.
(iv)
1
1 See References in Text note below.
Service on active duty described in this subparagraph is also service on active duty pursuant to a call or order to active duty authorized by the Secretary of Homeland Security under section 712  of title 14 for purposes of emergency augmentation of the Regular Coast Guard forces.
(C)
The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).
(3)
The Secretary concerned shall periodically notify each member of the Ready Reserve described by paragraph (2) of the current eligibility age for retired pay of such member under this section, including any reduced eligibility age by reason of the operation of that paragraph. Notice shall be provided by such means as the Secretary considers appropriate taking into account the cost of provision of notice and the convenience of members.

Aug. 10, 1956, ch. 104170A Stat. 102Pub. L. 85–70472 Stat. 702Pub. L. 85–861, § 33(a)(8)72 Stat. 1564Pub. L. 89–652, § 180 Stat. 902Pub. L. 90–485, § 282 Stat. 754Pub. L. 95–397, title II, § 20692 Stat. 847Pub. L. 96–513, title V, § 511(47)94 Stat. 2924Pub. L. 98–94, title IX, § 924(a)97 Stat. 644Pub. L. 101–189, div. A, title XIV, § 1404(b)(1)103 Stat. 1586Pub. L. 103–337, div. A, title VI, § 636108 Stat. 2790Pub. L. 104–106, div. A, title XV, § 1501(b)(20)110 Stat. 497Pub. L. 105–261, div. A, title V, § 561(n)(1)112 Stat. 2026Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314Pub. L. 107–314, div. A, title VI, § 631(a)116 Stat. 2571Pub. L. 108–375, div. A, title V, § 501(f)118 Stat. 1874Pub. L. 109–364, div. A, title X, § 1071(a)(40)120 Stat. 2400Pub. L. 110–181, div. A, title VI, § 647(a)122 Stat. 160Pub. L. 111–84, div. A, title X, § 1073(a)(35)123 Stat. 2474Pub. L. 111–383, div. A, title VI, § 633124 Stat. 4240Pub. L. 112–239, div. A, title VI, § 681(b)126 Stat. 1795Pub. L. 113–66, div. A, title VI, § 632127 Stat. 785Pub. L. 113–291, div. A, title VI, § 625128 Stat. 3405Pub. L. 116–92, div. A, title VI, § 604133 Stat. 1424(, , § 1331; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 12731 and amended , title XVI, § 1662(j)(1), , , 2999; , , ; , , ; , title V, § 571(n)(1)], , , 1654A–135; , , ; , (b), , , 2572; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

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).

section 1332 of this titleAct of August 4, 1949, ch. 393, § 2063 Stat. 56514 U.S.C. 755(e)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 ” 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 , , the act which codified Title 14 of the United States Code. 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.

section 1332(a)(1) of this titleIn subsection (c), the words “the Army without component or other category covered by ” 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.

Act1958

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, .

Editorial Notes

References in Text

Section 712 of title 14section 3713 of title 14Pub. L. 115–282, title I, § 118(b)132 Stat. 4233section 712 of title 14section 123(b)(1) of Pub. L. 115–282Pub. L. 115–282section 101 of Title 14, referred to in subsec. (f)(2)(B)(iv), was redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a References to Sections of Title 14 as Redesignated by note preceding , Coast Guard.

Amendments

Pub. L. 116–922019—Subsec. (f)(2)(B)(i). 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)”.

Pub. L. 113–2912014—Subsec. (f)(2)(A). 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 , or in any two consecutive fiscal years after ” for “so performs in any fiscal year after such date, subject to subparagraph (C)”.

Pub. L. 112–2392013—Subsec. (f)(2)(B)(iv). added cl. (iv).

Pub. L. 113–66Subsec. (f)(3). added par. (3).

Pub. L. 111–3832011—Subsec. (f)(2)(B)(iii). added cl. (iii).

Pub. L. 111–842009—Subsec. (f)(2)(A). substituted “” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008”.

Pub. L. 110–181, § 647(a)(1)2008—Subsec. (a)(1). , added par. (1) and struck out former par. (1) which read as follows: “is at least 60 years of age;”.

Pub. L. 110–181, § 647(a)(2)Subsec. (f). , added subsec. (f).

Pub. L. 109–3642006—Subsec. (a)(3). substituted “before ” for “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”.

Pub. L. 108–3752004—Subsec. (a)(3). 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,”.

Pub. L. 107–314, § 631(a)2002—Subsec. (a)(3). , 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 , the number of years of such qualifying service under this paragraph shall be eight”.

Pub. L. 107–296Subsec. (b). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 107–314, § 631(b)Subsec. (f). , 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 , and ending on , the provisions of subsection (a)(3) shall be applied by substituting ‘the last six years’ for ‘the last eight years’.”

Pub. L. 106–3982000—Subsec. (f). substituted “” for “”.

Pub. L. 105–2611998—Subsec. (f). substituted “” for “”.

Pub. L. 104–1061996—Subsec. (f). substituted “,” for “the date of the enactment of this subsection”.

Pub. L. 103–337, § 1662(j)(1)section 1331 of this title1994—, renumbered as this section and amended text generally, making changes in style and in references to other sections.

Pub. L. 103–337, § 636Subsec. (f). , 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 , the provisions of subsection (a)(3) shall be applied by substituting ‘the last six years’ for ‘the last eight years’.”

Pub. L. 101–1891989—Subsec. (d). inserted “and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter,” after “this title”.

Pub. L. 98–941983—Subsec. (c). substituted “unless—

“(1) he performed active duty after , and before , or after , and before ; or

“(2) he performed active duty (other than for training) after , and before , after , and before , or after , and before .”,

for “unless he performed active duty after , and before , or after , and before , or unless he performed active duty (other than for training) after , and before ”.

Pub. L. 96–513, § 511(47)(A)1980—Subsec. (b). , substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Pub. L. 96–513, § 511(47)(B)Subsec. (e). , struck out “United States Code,” after “title 5,”.

Pub. L. 95–3971978—Subsec. (d). inserted provisions requiring that notice include notification of elections available under the Survivor Benefit Plan and the effects thereof.

Pub. L. 90–4851968—Subsec. (e). added subsec. (e).

Pub. L. 89–6521966—Subsec. (d). added subsec. (d).

Pub. L. 85–8611958—Subsec. (a)(3). struck out provisions which related to service as a member of the Army or the Air Force without component.

Pub. L. 85–704Subsec. (c). made persons who performed active duty (other than for training) after , and before , eligible for retired pay under this chapter.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239section 3713 of Title 14section 701 of this titlesection 5538 of Title 5section 681(d) of Pub. L. 112–239section 101 of this titleAmendment by applicable to call or order to active duty authorized under , Coast Guard, after , and deemed to have been enacted on , for purposes of applying the amendment to this section, , and , Government Organization and Employees, see , set out as a note under .

Effective Date of 2004 Amendment

Pub. L. 108–375section 501(g) of Pub. L. 108–375section 531 of this titleAmendment by effective on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Effective Date of 2002 Amendments

Pub. L. 107–314, div. A, title VI, § 631(c)116 Stat. 2572

“The amendments made by subsection (a) [amending this section] shall take effect on . No benefit shall accrue to any person for any period before that date by reason of the enactment of those amendments.”
, , , provided that:

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of this titleAmendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

Effective Date of 1994 Amendment

section 1662(j)(1) of Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title XIV, § 1404(b)(3)103 Stat. 1586Pub. L. 101–510, div. A, title VI, § 631(1)104 Stat. 1580

“The amendments made by paragraphs (1) and (2) [amending this section and section 3101 [now 5301] of Title 38, Veterans’ Benefits] shall take effect on .”
, , , as amended by , , , provided that:

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, § 924(b)97 Stat. 644

“The amendment made by subsection (a) [amending this section] shall apply with respect to retired pay payable for months beginning after , or the date of the enactment of this Act [], whichever is later.”
, , , provided that:

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–397section 210(b) of Pub. L. 95–397section 1447 of this titleAmendment by applicable to notifications after , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–485section 6 of Pub. L. 90–485section 1431 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–861section 33(g) of Pub. L. 85–861section 101 of this titleAmendment by effective , see , set out as a note under .

Administration of Related Provisions of Law or Policy

Pub. L. 110–181, div. A, title VI, § 647(c)122 Stat. 161

section 12731 of title 10“With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of , United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.”
, , , provided that:

Reserve Retirement System; Report to Congress

Pub. L. 99–348, title III, § 302100 Stat. 702, , , directed Secretary of Defense to submit to Congress, not later than , a report on the retirement system provided under chapter 67 of this title for members of Armed Forces performing non-regular-service, including in the report any proposals of the Secretary for modifications to such system.

Survivor Annuities; Effective Date

Pub. L. 94–448, § 190 Stat. 1499

“That for the purposes of survivor annuities under subchapter I of chapter 73 of title 10, United States Code [section 1431 et seq. of this title], and under prior corresponding provisions of law, the provisions of section 1331(e) [now 12731(e)] of such title 10, relating to the date of entitlement to retired pay under chapter 67 [now 1223] of such title 10, shall be effective as of .”
, , , provided:

Payment of Survivor Annuities Benefits Prior to

Pub. L. 94–448, § 290 Stat. 1499

“No benefits shall be paid to any person for any period prior to the date of enactment of this Act [] as a result of the enactment of this Act.”
, , , provided that:

Entitlement to Retirement Pay After ; Conclusiveness

section 3 of Pub. L. 89–652section 1406 of this titleNotification of completion of requisite years of service as conclusive for entitlement to retirement pay if made after , see , set out as a note under .