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10 U.S.C. § 12731 — Age and service requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person—
(1) has attained the eligibility age applicable under subsection (f) to that person;
(2) has performed at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim);
(3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), 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 October 5, 1994, 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) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other
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Stable record: federal_law:legal_authorities:record_usc_2b29fb0a1af977f62edd9f40
Source file: Laws/federal/codes/united-states-code/title-10/section-12731-age-and-service-requirements--28bd5048fb.md
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Source location: Title 10, Chapter 1223, § 12731; chapter-1223-retired-pay-for-non-regular-service.md
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**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person—
(1) has attained the eligibility age applicable under subsection (f) to that person;
(2) has performed at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim);
(3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), 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 October 5, 1994, 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) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim) 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 April 6, 1917, and ending on November 11, 1918.
(B) The term “World War II” means the period beginning on September 9, 1940, and ending on December 31, 1946.
(C) The term “Korean conflict” means the period beginning on June 27, 1950, and ending on July 27, 1953.
(D) The term “Berlin crisis” means the period beginning on August 14, 1961, and ending on May 30, 1963.
(E) The term “Vietnam era” means the period beginning on August 5, 1964, and ending on March 27, 1973.
**(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)** Notwithstanding [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim), 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 January 28, 2008, 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 January 28, 2008, or in any two consecutive fiscal years after September 30, 2014. A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.
(B)
(i) 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 [section 101(a)(13)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim). Such service does not include service on active duty pursuant to a call or order to active duty under [section 12310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12310&num=0&edition=prelim).
(ii) 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 [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for purposes of responding to a national emergency declared by the President or supported by Federal funds.
(iii) 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 [section 12301(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/h/1&num=0&edition=prelim) 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) 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 11 See References in Text note below. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following:
(1) The person’s years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Navy Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to all members of the armed forces except—
(1) members whose names are on a retired list other than a list maintained under [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim);
(2) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and
(3) midshipmen.
**(b)** To provide an annuity under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434&num=0&edition=prelim), a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An elect
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) to perform Active Guard and Reserve duty organizing, administering, recruiting, instructing, or training the reserve components.
(2) A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified.
**(b) Duties.—** A Reserve on active duty under subsection (a) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties described in subsection (a)(1):
(1) Supporting operations or missions assigned in whole or in part to the reserve components.
(2) Supporting operations or missions performed or to be performed by—
(A) a unit composed of elements from more than one component of the same armed force; or
(B) a joint forces unit that includes—
(i) one or more reserve component units; or
(ii) a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit.
(3) Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters.
(4) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(A) active-duty members of the armed forces;
(B) members of foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12310
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
(2) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
**(b)** If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
**(c)**
(1) Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
(A) 75 percent of the retired pay base upon which the computation is based; and
(B) the product of—
(i) the retired pay base upon which the computation is based; and
(ii) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12739
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Retired Pay Base in Computing Retired Pay.—**
(1) **General rule.—** — The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before September 8, 1980, is computed using the retired pay base or retainer pay base determined under this section.
(2) **Exception for recomputation.—** — Recomputation of retired or retainer pay to reflect later active duty is provided for under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1402&num=0&edition=prelim) without reference to a retired pay base or retainer pay base.
**(b) Retirement Under Subtitle A or E.—**
(1) **Disability, warrant officer, and dopma retirement.—** — In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table. For a member entitled toretired pay under section:The retired pay base is: 1 Compute at rates applicable on date of retirement or date when member’s name was placed on temporary disability retired list, as the case may be. 2 Compute at rates applicable on date of retirement. 3 For the purposes of this subsection, determine member’s retired grade as if sections 7342 and 9342 did not apply. 1201120212041205Monthly basic pay 1 of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher. 580126312931305Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1406
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under [section 12304b of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which—
(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all)
(2) the amount of pay and allowances which (as determined under subsection (d))—
(A) is payable to such employee for that service; and
(B) is allocable to such pay period.
**(b)** Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)—
(1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and
(2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government.
**(c)** Any amount payable under this section to an employee shall be paid—
(1) by such employee’s employing age
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Federal law — U.S. Code and appendices · legal_authorities
Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of—
(1) absence from duty without leave;
(2) absence over leave;
(3) confinement as the result of a sentence of a court-martial; and
(4) leave required to be taken under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim).
Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section.
**(b)** Except as provided in subsections (e) and (f), a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation.
**(c)** A member who retired after August 9, 1946, who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement.
**(d)** Leave taken before discharge is considered to be active service.
**(e)**
(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave.
(2) A member described in this paragraph is a member who—
(A)
(i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 ([6 U.S.C. 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim))), or transportation security incident as defined in [section 70101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70101&num=0&edition=prelim), the Secretary may, without the consent of the member affected, order to active duty of not more than 120 days in any 2-year period an organized training unit of the Coast Guard Ready Reserve, a member thereof, or a member not assigned to a unit organized to serve as a unit.
**(b)** Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days.
**(c)** Active duty served under this section—
(1) satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of [section 10147 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10147&num=0&edition=prelim);
(2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and
(3) entitles a member while engaged therein, or while engaged in authorized travel to or fr
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3713
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Plan.—** — The term “Plan” means the Survivor Benefit Plan established by this subchapter.
(2) **Standard annuity.—** — The term “standard annuity” means an annuity provided by virtue of eligibility under [section 1448(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/1/A&num=0&edition=prelim).
(3) **Reserve-component annuity.—** — The term “reserve-component annuity” means an annuity provided by virtue of eligibility under [section 1448(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/1/B&num=0&edition=prelim).
(4) **Retired pay.—** — The term “retired pay” includes retainer pay paid under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim).
(5) **Reserve-component retired pay.—** — The term “reserve-component retired pay” means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act).
(6) **Base amount.—** — The term “base amount” means the following:
(A) *Full amount under standard annuity.—* — In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title) to which the person—
(i) was entitled when he became eligible for that pay; or
(ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list.
(B) *Full amount under reserve-compo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1447
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