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10 U.S.C. § 1331 — Reference to chapter 1223

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

10 U.S.C. § 1331 — Reference to chapter 1223

Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).

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Stable record: federal_law:legal_authorities:record_usc_5b7af9c623563896a29d9cd1
Source file: Laws/federal/codes/united-states-code/title-10/section-1331-reference-to-chapter-1223--d155a37a6a.md
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Source location: Title 10, Chapter 67, § 1331; chapter-067-retired-pay-for-non-regular-service.md

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Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).

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

10 U.S.C. § 12731 — Age and service requirements

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

10 U.S.C. § 1401 — Computation of retired pay

**(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—** The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed “For sections”, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Formula No.For sectionsColumn 1 TakeColumn 2 Multiply byColumn 3 Add 1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. 112011204Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 212021205Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based. 4580126312931305Retired pay base as computed under section 1406(b) or 1407.The retired pay multiplier prescribed in section 1409 for the years of service credited to him un

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

10 U.S.C. § 1408 — Payment of retired or retainer pay in compliance with court orders

**(a) Definitions.—** In this section: (1) The term “court” means— (A) any court of competent jurisdiction of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (B) any court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim)) having competent jurisdiction; (C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country; and (D) any administrative or judicial tribunal of a State competent to enter orders for support or maintenance (including a State agency administering a program under a State plan approved under part D of title IV of the Social Security Act), and, for purposes of this subparagraph, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (2) The term “court order” means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued decree), or a support order, as defined in section 453(p) of the Social Security Act ([42 U.S.C. 653(p)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653/p&num=0&edition=prelim)), which— (A) is issued in accor

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

10 U.S.C. § 7442 — Cadets: appointment; numbers, territorial distribution

**(a)** The authorized strength of the Corps of Cadets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Army under subsection (j). Subject to that limitation, cadets are selected as follows: (1) 65 cadets selected in order of merit as established by competitive examinations from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a “missing status” as defined in [section 551(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim), and children of civilian employees who are in “missing status” as defined in [section 5561(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim). The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Army. (2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate. (3) Ten cadets from each State, five of whom are nominated by each Senator from that State. (4) Five cadets from each congressional district, nominated by the Representative from the district. (5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia. (6) Four c

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

10 U.S.C. § 8454 — Midshipmen: appointment; numbers, territorial distribution

**(a)** The authorized strength of the Brigade of Midshipmen (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Navy under subsection (h). Subject to that limitation, midshipmen are selected as follows: (1) 65 selected in order of merit as established by competitive examination from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a “missing status” as defined in [section 551(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim), and children of civilian employees who are in “missing status” as defined in [section 5561(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim). The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Navy. (2) Five nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate. (3) Ten from each State, five of whom are nominated by each Senator from that State. (4) Five nominated by each Representative in Congress. (5) Five from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia. (6) Four from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Is

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

10 U.S.C. § 9442 — Cadets: appointment; numbers, territorial distribution

**(a)** The authorized strength of cadets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Air Force under subsection (j). Subject to that limitation, cadets are selected as follows: (1) 65 cadets selected in order of merit as established by competitive examination from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a “missing status” as defined in [section 551(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim), and children of civilian employees who are in “missing status” as defined in [section 5561(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim). The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Air Force. (2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate. (3) Ten cadets from each State, five of whom are nominated by each Senator from that State. (4) Five cadets from each congressional district, nominated by the Representative from the district. (5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia. (6) Four cadets

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

10 U.S.C. § 1331 — Reference to chapter 1223

Page 1281 TITLE 10—ARMED FORCES § 1331 In subsection (a), the words ‘‘has at least’’ are sub- stituted for the words ‘‘has completed’’. The words ‘‘and is not so continued on active service’’ and ‘‘on that date which’’ are omitted as surplusage. 10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 words of last sentence) are omitted as covered by sec- tion 1315 of this title. In subsection (b), the words ‘‘The Secretary con- cerned may defer’’ are substituted for the words ‘‘may, in the discretion of the Secretary, be deferred’’. The words ‘‘determination of his’’ are inserted for clarity. The words ‘‘not more than’’ are substituted for the words ‘‘a period not to exceed’’. The words ‘‘he would otherwise be required to retire under this section’’ are substituted for the words ‘‘retirement * * * would oth- erwise be required’’. The words ‘‘which is required’’, ‘‘possible’’, ‘‘proper’’, and ‘‘a period of’’ are omitted as surplusage. In subsection (c), the words ‘‘the Secretary concerned may defer the retirement’’ are substituted for the words ‘‘in the discretion of the Secretary * * * be con- tinued on active service’’. The words ‘‘but not later than’’ are substituted for the words ‘‘but not beyond that date which is’’. Editorial Notes REFERENCES IN TEXT Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(1), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title. AMENDMENTS 2023—Subsec. (a)(3). Pub. L. 118–31, § 509A(1), inserted ‘‘or a Marine Corps Marine Gunner warrant officer in such grade,’’ after ‘‘chief warrant officer, W–5,’’. Subsec. (b). Pub. L. 118–31, § 509A(2), substituted ‘‘when the warrant officer’’ for ‘‘when he’’. Subsec

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