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10 U.S.C. § 3864 — Assumption of uninsurable risk on certain contracts
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to the classified nature of the performance of such contractor under such covered contract—
(1) such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or
(2) a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract.
**(b) Limitations.—** Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss—
(1) is the result of willful misconduct or lack of good faith on the part of the managerial personnel of the contractor, including with respect to the oversight of subcontractors by the contractor; or
(2) is the result of workmanship error by the contractor.
**(c) Definitions.—** In this section:
(1) The term “classified contract” means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information.
(2) The term “covered contract” means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act.
(3) The term “work in process” means an item at any stage of production or manufacture at any time from the initiation of contract performance until delivery to and acceptance by the Government.
(4) The term “workmanship error” means damage to work in process that is a result of an incorrectly performed skill-based task, operation, or action that was originally planned or intended.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3864
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Stable record: federal_law:legal_authorities:record_usc_09377095d799261d5b048a7c
Source file: Laws/federal/codes/united-states-code/title-10/section-3864-assumption-of-uninsurable-risk-on-certain-contracts--e45981e455.md
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Source location: Title 10, Chapter 281, § 3864; chapter-281-claims-and-disputes.md
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**(a) In General.—** The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to the classified nature of the performance of such contractor under such covered contract—
(1) such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or
(2) a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract.
**(b) Limitations.—** Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss—
(1) is the result of willful misconduct or lack of good faith on the part of the managerial personnel of the contractor, including with respect to the oversight of subcontractors by the contractor; or
(2) is the result of workmanship error by the contractor.
**(c) Definitions.—** In this section:
(1) The term “classified contract” means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information.
(2) The term “covered contract” means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act.
(3) The term “work in process” means an item at any stage of production or manufacture at any time from the initiation of contract performance until delivery to and acceptance by the Government.
(4) The term “workmanship error” means damage to work in process that is a result of an incorrectly performed skill-based task, operation, or action that was originally planned or intended.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rule.—** Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force (other than an officer covered by [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1252&num=0&edition=prelim) or a commissioned warrant officer) serving in a grade below brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired or separated, as specified in subsection (e), on the first day of the month following the month in which the officer becomes 62 years of age.
**(b) Deferred Retirement or Separation of Health Professions Officers.—**
(1) The Secretary of the military department concerned may, subject to subsection (d), defer the retirement or separation under subsection (a) of a health professions officer if during the period of the deferment the officer—
(A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; or
(B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subparagraph.
(2) For purposes of this subsection, a health professions officer is—
(A) a medical officer;
(B) a dental officer;
(C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse; or
(D) an officer in a category of officers designated by the Secretary of the military department concerned for the purposes of this paragraph as consisting of officers whose duties consist primarily of—
(i) providing health care;
(ii) performing other clinical care; or
(iii) pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
**(b)** Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8301
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