10 U.S.C. § 8323

In subsection (b) the words “or the Reserve Components thereof” are omitted because the terms “Navy”, “Marine Corps”, and “Coast Guard” include the reserve components. The words “including active duty for training” are omitted because the term “active duty” is defined in this title as including training duty.

April 14, 194934 U.S.C. 410b–134 U.S.C. 410b34 U.S.C. 410b50 U.S.C. 1052January 1, 195334 U.S.C. 410bThe Act of (), extending the benefits of to officers on the honorary retired lists, was enacted because the Comptroller General had held that these officers, being already in a retired status, could not be retired under (U.S. Code Congressional Service, 1949, p. 1179). The provisions of the Naval Reserve Act of 1938 relating to the honorary retired lists were repealed by § 803 of the Armed Forces Reserve Act of 1952, but insofar as they provided for retirement and retired pay they were reenacted, for a period of 20 years, in § 413 of that act (). Persons on the honorary retired lists when the Armed Forces Reserve Act of 1952 was passed were transferred to the appropriate Retired Reserve under § 213 of the Act. Persons qualifying for retirement under § 413 are likewise placed in the Retired Reserve. The purpose of Congress in enacting § 413 was to preserve the accrued rights of persons who were members of reserve components on , the effective date of the Act (U.S. Code Congressional and Administrative News, 1952, p. 3584). One of their rights was the right to apply for retirement under upon completion of the required service, notwithstanding the fact that, before qualifying for retirement under that section, they had already acquired a retired status. Subsection (c) is worded accordingly.

In subsection (b), the words “armed forces” are substituted for the words “Navy, Marine Corps, Army, Air Force, or Coast Guard, or the Reserve Components thereof” because “armed forces”, as defined in this title, is a collective term for these elements.

Subsections (c) and (e) state rules, formerly stated in section 6325, with respect to officers retired under this section.

Subsection (d) states a rule, formerly stated in section 6325, with respect to warrant officers retired under this section.

In subsections (c) and (e), the words “Unless otherwise entitled to a higher grade” and “Unless otherwise entitled to higher pay” are substituted for 34 App.:410c(b).

37 U.S.C. 231In subsection (d), the second and third provisos of 34 App.:410b, relating to officers whose basic pay is not based on years of service, is omitted as obsolete. Under the Career Compensation Act of 1949 ( et seq.), the basic pay of all officers is based on years of service. The subsection is worded to conform to the terminology of the Career Compensation Act of 1949 and to make clear the fact that the amount of retired pay is not permanently fixed at the time of retirement but is subject to change when rates of basic pay are changed, as provided in 34 App.:410q.

Subsection (f) was formerly subsection (c).

Editorial Notes

References in Text

66 Stat. 485 section 933 of Title 50Aug. 10, 1956Section 213(b) of the Armed Forces Reserve Act of 1952 (), referred to in subsec. (f), was classified to , War and National Defense, and was repealed by section 53 of act .

Amendments

Pub. L. 116–283section 1370 of this title2021—Subsec. (c). substituted “section 1370 or 1370a of this title, as applicable” for “”.

Pub. L. 115–232, § 807(b)(15)section 6323 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (e). , substituted “section 8333” for “section 6333”.

Pub. L. 115–232, § 809(a)Subsec. (f). , substituted “section 8327” for “section 6327”.

Pub. L. 112–239, § 1076(e)(6)January 7, 20112013—Subsec. (a)(2)(B). , substituted “,” for “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011”.

Pub. L. 112–239, § 505(b)September 30, 2018September 30, 2013, substituted “” for “”.

Pub. L. 111–383September 30, 2013January 6, 2006December 31, 20082011—Subsec. (a)(2)(B). substituted “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on ” for “, and ending on ”.

Pub. L. 109–364January 6, 20062006—Subsec. (a)(2). struck out second comma after “subparagraph (B)” in subpar. (A) and substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006” in subpar. (B).

Pub. L. 109–163, § 502(b)October 1, 1990December 31, 2001, designated existing provisions as subpar. (A), substituted “during the period specified in subparagraph (B),” for “during the period beginning on , and ending on ”, and added subpar. (B).

Pub. L. 109–163, § 515(b)(1)(H)Subsec. (f). , substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 106–398December 31, 2001September 30, 20012000—Subsec. (a)(2). substituted “” for “”.

Pub. L. 105–261October 1, 1990September 30, 2001October 1, 19901998—Subsec. (a)(2). substituted “during the period beginning on , and ending on ” for “during the nine-year period beginning on ”.

Pub. L. 103–1601993—Subsec. (a)(2). substituted “nine-year period” for “five-year period”.

Pub. L. 101–5101990—Subsec. (a). designated existing provisions as par. (1) and added par. (2).

Pub. L. 99–348Sept. 8, 1980Sept. 8, 19801986—Subsec. (e). substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before , be at the rate of 2½ percent of the basic pay of the grade in which retired, or in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after , be at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based.

Pub. L. 96–513, § 503(47)(A)section 1370 of this title1980—Subsec. (c). , substituted provisions that the retired grade of an officer retired under this section is the grade determined under for provisions that had set the grade of officers retired under this section at the highest grade, permanent or temporary, in which he had served satisfactorily on active duty as determined by the Secretary of the Navy; or, if the Secretary determined that he had not served satisfactorily in his highest temporary grade, in the next lower grade in which he had served, but not lower than his permanent grade.

Pub. L. 96–513, § 513(17)September 8, 1980Subsec. (e). , substituted “” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2).

Pub. L. 88–1321963—Subsec. (e). substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay”.

Pub. L. 85–8611958—Subsec. (a). substituted “first day of any month” for “first day of the month”.

Pub. L. 85–861Subsec. (b). inserted provisions in cl. (2).

Pub. L. 85–861Subsecs. (c) to (f). added subsecs. (c) to (e) and redesignated former subsec. (c) as (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1980 Amendment

section 503(47) of Pub. L. 96–513Sept. 15, 1981section 513(17) of Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , and amendment by effective , see , set out as a note under .

Effective Date of 1963 Amendment

Pub. L. 88–132Oct. 1, 1963section 14 of Pub. L. 88–132section 201 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.

Temporary Early Retirement Authority

Oct. 23, 1992Oct. 1, 1995section 4403 of Pub. L. 102–484section 1293 of this titleFor provisions authorizing the Secretary of the Navy, during the period beginning , and ending , to apply this section to an officer with at least 15 but less than 20 years of service by substituting “at least 15 years” for “at least 20 years” in subsec. (a) of this section, see , set out as a note under .

Executive Documents

Delegation of Functions

Dec. 9, 1982section 301 of Title 3Functions of President under subsec. (a) to approve application of an officer of Navy or Marine Corps for retirement after completion of more than 20 years of active service and to designate month in which such retirements shall become effective delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§ 1(e), 3, , 47 F.R. 55897, 55898, set out as a note under , The President.

Sept. 16, 1955section 301 of Title 3For delegation to Secretary of Homeland Security of authority vested in President, see section 2(g) of Ex. Ord. No. 10637, , 20 F.R. 7025, as amended, set out as a note under , The President.