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

10 U.S.C. § 12737

Limitation on active duty

A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.

Aug. 10, 1956, ch. 104170A Stat. 104Pub. L. 103–337, div. A, title XVI, § 1662(j)(1)108 Stat. 2998(, , § 1337; renumbered § 12737 and amended , , , 3003.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1337

10:1036h.

34:440p.

June 29, 1948, ch. 708, § 309, 62 Stat. 1090.

10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.

Editorial Notes

Amendments

Pub. L. 103–337section 1337 of this title1994— renumbered as this section and amended text generally, substituting “the member” for “him”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

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 .