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10 U.S.C. § 8330 — Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8330 — Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay

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Source file: Laws/federal/codes/united-states-code/title-10/section-8330-enlisted-members-transfer-to-fleet-reserve-and-fleet-marine-corps-reserv--342e06a569.md
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Source location: Title 10, Chapter 841, § 8330; chapter-841-voluntary-retirement.md

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**(a)** The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section. **(b)** An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve. **(c)** (1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim). (2) A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer. (3) If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent. **(d)** (1) For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded. (2) In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)— (A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977; and (B) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977. (3) (A) Subject to subparagraph (B), in determining a member’s years of active service for the computation of retainer pay under subsection (c)— (i) a completed minority enlistment of the member is counted as four years of active service; and (ii) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term. (B) In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977, service attributable under subparagraph (A) to time which, after December 31, 1977, is not actually served by the member may not be counted.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8333 — Computation of retired and retainer pay

**(a)** The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 8470 or 8372 of this title is computed in accordance with the following table. FormulaForsectionsColumn 1TakeColumn 2Multiply by A8325(a)6326 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405. B8323 8325(b)8470 8372 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. C8330 Retainer pay base computed under section 1406(d) or 1407Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. **(b)** (1) Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (2) References in the table in subsection (a) are to sections of this title. **(c)** In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8336&num=0&edition=prelim) and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding [section 1406(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406/a/1&num=0&edition=prelim)) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member’s transf

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8333

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 203 — Rates

**(a)** (1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law. (2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule. **(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay. **(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1402a — Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980

**(a) In General.—** A member of an armed force— (1) who first became a member of a uniformed service after September 7, 1980; (2) who has become entitled to retired pay or retainer pay; and (3) who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table. Column 1TakeColumn 2Multiply by Retired pay base or retainer pay base under section 1407 which he would be entitled to use if—The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of— (1) he were retiring upon release from that active duty; or (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty. (2) his years of active service after becoming entitled to retired pay or retainer pay. **(b) New Disability Incurred During Later Active Duty.—** A member of an armed force who first became a member of a uniformed service after September 7, 1980, who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d). **(c) Additional or Aggravated Disability Incurred During Later Active Duty.—** A member of an armed force who first became a member of a uniformed service after September 7, 1980, and who— (1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list; (2) incurs, whi

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1402a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1174 — Separation pay upon involuntary discharge or release from active duty

**(a) Regular Officers.—** (1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1). (2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. (3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). (4) Notwithstanding paragraphs (1) and (2), an officer wh

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1293 — Twenty years or more: warrant officers

The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1293

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1176 — Enlisted members: retention after completion of 18 or more, but less than 20, years of service

**(a) Regular Members.—** A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 7314 or 9314 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law. **(b) Reserve Members in Active Status.—** A reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status is entitled to be credited with at least 18 but less than 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), may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent before the earlier of the following: (1) If as of the date on which the member is to be discharged or transferred from an active status the member has at least 18, but less than 19, years of service computed under [section 12732 of this title](https://uscode.house.go

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1176

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1406 — Retired pay base for members who first became members before September 8, 1980: final basic pay

**(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

10 U.S.C. § 1407 — Retired pay base for members who first became members after September 7, 1980: high-36 month average

**(a) Use of Retired Pay Base in Computing Retired Pay.—** The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service after September 7, 1980, is computed using the retired pay base or retainer pay base determined under this section. **(b) High-Three Average.—** Except as provided in subsection (f), the retired pay base or retainer pay base of a person under this section is the person’s high-three average determined under subsection (c) or (d). **(c) Computation of High-Three Average for Members Entitled to Retired or Retainer Pay for Regular Service.—** (1) **General rule.—** — The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim) is the amount equal to— (A) the total amount of monthly basic pay to which the member was entitled for the 36 months (whether or not consecutive) out of all the months of active service of the member for which the monthly basic pay to which the member was entitled was the highest, divided by (B) 36. (2) **Special rule for short-term disability retirees.—** — In the case of a member who is entitled to retired pay under section 1201 or 1202 of this title and who has completed less than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal to— (A) the total amount of basic pay to which the member was entitled during the period of the member’s active service, divided by (B) the number of months (including any fraction thereof) of the member’s active service. (3) **Special Rule for Reserve Component Members.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1407

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