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10 U.S.C. § 1164 — Warrant officers: separation for age
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless retired or separated on or before the expiration of that period, each warrant officer shall be retired or separated from his armed force not later than 60 days after the date when he becomes 62 years of age, except as provided by [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim).
**(b)** The Secretary concerned may defer, for not more than four months, the separation under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to be retired or separated under this section.
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Stable record: federal_law:legal_authorities:record_usc_4c29ea8a4c77cb35a4504aa0
Source file: Laws/federal/codes/united-states-code/title-10/section-1164-warrant-officers-separation-for-age--af473b288f.md
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Source location: Title 10, Chapter 59, § 1164; chapter-059-separation.md
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**(a)** Unless retired or separated on or before the expiration of that period, each warrant officer shall be retired or separated from his armed force not later than 60 days after the date when he becomes 62 years of age, except as provided by [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim).
**(b)** The Secretary concerned may defer, for not more than four months, the separation under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to be retired or separated under this section.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless retired or separated sooner under some other provision of law, a regular chief warrant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under paragraph (4).
(2) If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section579&num=0&edition=prelim), whichever applies, the warrant officer shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim). A warrant officer retired under this paragraph shall receive retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim).
(3) If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 580
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 90–207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, § 4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for dentists in the armed forces. See [section 302b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302b&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amendment note under [section 302b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 311
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 1233
TITLE 10—ARMED FORCES
§ 1164
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
1161(b) .....
50:739 (less words before
semicolon, less appli-
cability to Navy and
Marine Corps warrant
officers).
In subsections (a) and (b), the word ‘‘commissioned’’
is inserted since, for the Army and the Air Force, the
term ‘‘officer’’ is intended to have the same meaning in
50:739 as it has in the Uniform Code of Military Justice
(article 4). For Navy warrant officers see section 6408 of
this title.
In subsection (b), the words ‘‘from his place of duty’’
are omitted as surplusage. The words ‘‘at least’’ are
substituted for the words ‘‘or more’’. The words ‘‘by a
court other than a court-martial or other military
court’’ are substituted for the words ‘‘by the civil au-
thorities’’.
Editorial Notes
AMENDMENTS
2016—Subsec. (b). Pub. L. 114–328 inserted ‘‘or the Sec-
retary of Defense, or in the case of a commissioned offi-
cer of the Coast Guard, the Secretary of the depart-
ment in which the Coast Guard is operating when it is
not operating in the Navy,’’ after ‘‘President’’.
1996—Subsec. (b). Pub. L. 104–201 substituted ‘‘section
1167’’ for ‘‘section 1178’’ in par. (2).
Pub. L. 104–106 struck out ‘‘or’’ after ‘‘three
months,’’, added par. (2), and redesignated former par.
(2) as (3).
Statutory Notes and Related Subsidiaries
RESTORATION
OF RETIRED PAY
TO OFFICERS DROPPED
FROM ROLLS AFTER DECEMBER 31, 1954 AND BEFORE
AUGUST 25, 1958
Pub. L. 85–754, Aug. 25, 1958, 72 Stat. 847, provided:
‘‘That notwithstanding any other provisions of law, a
former retired officer dropped from the rolls under sec-
tion 10 of the Act of May 5, 1950, ch. 169 (64 Stat. 146),
or section 1161 of title 10, United States
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1164
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