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10 U.S.C. § 1263 — Age 62: warrant officers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless retired under [section 1305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1305&num=0&edition=prelim), a permanent regular warrant officer 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; [10 U.S.C. 580](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section580&num=0&edition=prelim) note), and who is at least 62 years of age, shall be retired 60 days after he becomes that 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 retirement 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 retire under this section.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1263-age-62-warrant-officers--23e344fd95.md
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Source location: Title 10, Chapter 63, § 1263; chapter-063-retirement-for-age.md
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**(a)** Unless retired under [section 1305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1305&num=0&edition=prelim), a permanent regular warrant officer 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; [10 U.S.C. 580](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section580&num=0&edition=prelim) note), and who is at least 62 years of age, shall be retired 60 days after he becomes that 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 retirement 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 retire under this section.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 100; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, covered the retirement of female permanent regular warrant officers with 20 years of active service upon attaining age 55.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1255
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to paragraphs (2) and (3), a regular warrant officer who has at least 30 years of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which the officer completes that service, 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).
(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.
(3) In the case of a regular Navy warrant officer in the grade of chief warrant officer, W–5, or a Marine Corps Marine Gunner warrant officer in such grade, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.
**(b)** The Secretary concerned may defer, for not more than four months, the retirement 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 the warrant officer would otherwise be required to retire under this section.
**(c)** Under such regulations as the Secretary concerned may prescribe, the Secretary concerned may defer the retirement under subsection (a) of any warrant officer upon the recommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after the warrant officer becomes 62 years of age.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1305
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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.
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Federal law — U.S. Code and appendices · legal_authorities
A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1275
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 1277
TITLE 10—ARMED FORCES
§ 1263
DEFERRAL OF RETIREMENT DATE FOR CHAIRMAN OF THE
JOINT CHIEFS OF STAFF
Pub. L. 100–456, div. A, title VII, § 704, Sept. 29, 1988,
102 Stat. 1996, provided that the President could defer
until Oct. 1, 1989, the retirement of the officer serving
as Chairman of the Joint Chiefs of Staff for the term
which began on October 1, 1987, notwithstanding the
limitation contained in former section 1251(b) of this
title.
TRANSITION PROVISIONS UNDER DEFENSE OFFICER
PERSONNEL MANAGEMENT ACT
For provision that this section not apply to any offi-
cer who on the effective date of this Act [Sept. 15, 1981]
was on active duty in a grade above general, see section
632 of Pub. L. 96–513, set out as a note under section 611
of this title.
§ 1252. Age 64: permanent professors at acad-
emies
(a) MANDATORY RETIREMENT FOR AGE.—Unless
retired or separated earlier, each regular com-
missioned officer of the Army, Navy, Air Force,
Marine Corps, or Space Force covered by sub-
section (b) shall be retired on the first day of the
month following the month in which the officer
becomes 64 years of age.
(b) COVERED OFFICERS.—This section applies to
the following officers:
(1) An officer who is a permanent professor
or the director of admissions of the United
States Military Academy.
(2) An officer who is a permanent professor
at the United States Naval Academy.
(3) An officer who is a permanent professor
or the registrar of the United States Air Force
Academy.
(Added Pub. L. 109–163, div. A, title V, § 509(c)(1),
Jan. 6, 2006, 119 Stat. 3230; amended Pub. L.
116–283, div. A, title IX, § 924(b)(3)(U), Jan. 1, 2021,
134 Stat. 3821.)
Editorial Notes
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine
Corps, or Space Forc
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1263
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Federal law — U.S. Code and appendices · legal_authorities
Page 572
TITLE 10—ARMED FORCES
§ 579
1 See References in Text note below.
1994—Subsecs. (e), (f). Pub. L. 103–337 added subsecs.
(e) and (f).
1992—Pub. L. 102–484 substituted ‘‘Promotions:’’ for
‘‘Promotions;’’ in section catchline.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Feb. 1, 1992, see section 1132 of Pub.
L. 102–190, set out as an Effective Date of 1991 Amend-
ment note under section 521 of this title.
§ 579. Removal from a promotion list
(a) The name of a warrant officer rec-
ommended for promotion by a selection board
convened under this chapter may be removed
from the report of the selection board by the
President.
(b) The Secretary concerned may remove the
name of a warrant officer who is on a promotion
list as a result of being recommended for pro-
motion by a selection board convened under this
chapter at any time before the promotion is ef-
fective.
(c) An officer whose name is removed from the
list of officers recommended for promotion by a
selection board continues to be eligible for con-
sideration for promotion.
(d) If the next selection board that considers
the warrant officer for promotion under this
chapter selects the warrant officer for pro-
motion and the warrant officer is promoted, the
Secretary concerned may, upon his promotion,
grant him the same effective date for pay and
allowances and the same date of rank, and the
same position on the warrant officer active-duty
list as the warrant officer would have had if his
name had not been so removed.
(e) If the next selection board does not select
the warrant officer for promotion, or if his name
is again removed under subsection (a) from the
list of officers recommended for promotion by
the selection board or under subsection (b) fro
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 580
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