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10 U.S.C. § 8325 — Officers: retired grade and pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) or section 1370 11 See References in Text note below. of this title, each officer who is retired under section 8321 or 8322 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
**(b)** Each officer who is retired while serving in the grade of admiral, vice admiral, general, or lieutenant general by virtue of an appointment under [section 601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section601&num=0&edition=prelim) or who is retired while serving in a grade to which he was appointed or promoted under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section603&num=0&edition=prelim) or promoted under section 602 1 (as in effect before February 1, 1992) or section 5721 1 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade he would hold if he had not received such an appointment; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
**(c)** A warrant officer who retires under section 8321, 8322, or 8323 of this title may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title.
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Stable record: federal_law:legal_authorities:record_usc_9a3c25525c9ae7ced3549a2a
Source file: Laws/federal/codes/united-states-code/title-10/section-8325-officers-retired-grade-and-pay--dfb36b784e.md
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Source location: Title 10, Chapter 841, § 8325; chapter-841-voluntary-retirement.md
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**(a)** Except as provided in subsection (b) or section 1370 11 See References in Text note below. of this title, each officer who is retired under section 8321 or 8322 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
**(b)** Each officer who is retired while serving in the grade of admiral, vice admiral, general, or lieutenant general by virtue of an appointment under [section 601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section601&num=0&edition=prelim) or who is retired while serving in a grade to which he was appointed or promoted under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section603&num=0&edition=prelim) or promoted under section 602 1 (as in effect before February 1, 1992) or section 5721 1 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade he would hold if he had not received such an appointment; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
**(c)** A warrant officer who retires under section 8321, 8322, or 8323 of this title may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade in Which Served Satisfactorily.—**
(1) **In general.—** — Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily.
(2) **Determination of satisfactory service.—** — The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows:
(A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general or rear admiral.
(B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general or rear admiral.
(3) **Effect of misconduct in lower grade in determination.—** — If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section—
(A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and
(B) the grade next lower to such lower grade shall be the retired grade of the officer under this section.
(4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** — A reserve officer, or an officer appointed to a position under [section 601 of this title](https://uscode.house.g
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
**(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
**(c) Service-in-grade Requirement for Offices in Grades Above O–4.—**
(1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
(2) **Satisfaction of requirement by certain officers not completing three years.—** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President may designate positions of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving on active duty in any grade above colonel or, in the case of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position if he is appointed to that grade by the President, by and with the advice and consent of the Senate. Except as provided in subsection (b), the appointment of an officer to a grade under this section for service in a position of importance and responsibility ends on the date of the termination of the assignment of the officer to that position.
**(b)** An officer who is appointed to the grade of general, admiral, lieutenant general, or vice admiral for service in a position designated under subsection (a) or by law to carry that grade shall continue to hold that grade—
(1) while serving in that position;
(2) while under orders transferring him to another position designated under subsection (a) or by law to carry one of those grades, beginning on the day his assignment to the first position is terminated and ending on the day before the day on which he assumes the second position;
(3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the hospital, but not for more than 180 days;
(4) at the discretion of the Secretary of Defense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days beginning on the day the officer
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—
(1) his years of active service;
(2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and
(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim) if he were 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).
**(b) Fractional Years of Service.—** In determining a member’s years of service under subsection (a)—
(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and
(2) any remaining fractional part of a month shall be disregarded.
**(c) Exclusion of Time Required To Be Made Up or Excluded.—**
(1) Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under [section 972(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/a&num=0&edition=prelim), or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a).
(2) [Section 972(b) of this title](https://uscode.house.gov/v
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1405
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade.
**(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1.
**(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4.
**(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5.
**(e)** Except as provided by s
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, or 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 602
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice-and-wait Requirement.—** The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.
**(b) Covered Arrangements.—**
(1) Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that—
(A) is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and
(B) involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000.
(2) An arrangement referred to in subsection (a) does not include an arrangement that—
(A) involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or
(B) is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under section 801 of the National Energy Conservation Policy Act ([42 U.S.C. 8287](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6325
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In time of war, or of national emergency declared by the Congress or the President after November 30, 1980, the President may appoint any qualified person (whether or not already a member of the armed forces) to any officer grade in the Army, Navy, Air Force, Marine Corps, or Space Force, except that appointments under this section may not be made in grades above major general or rear admiral. Appointments under this section shall be made by the President alone, except that an appointment in the grade warrant officer, W–1, shall be made by warrant by the Secretary concerned.
**(b)** Any appointment under this section is a temporary appointment and may be vacated by the President at any time.
**(c)**
(1) Any person receiving an original appointment under this section is entitled to service credit as authorized under [section 533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section533&num=0&edition=prelim).
(2) An appointment under this section of a person who is not on active duty becomes effective when that person begins active duty under that appointment.
**(d)** An appointment under this section does not change the permanent status of a member of the armed forces so appointed. A member who is appointed under this section shall not incur any reduction in the pay and allowances to which the member was entitled, by virtue of his permanent status, at the time of his appointment under this section.
**(e)**
(1) An officer who receives an appointment to a higher grade under this section is considered to have accepted such appointment on the date of the order announcing the appointment unless he expressly declines the appointment.
(2) An officer who has served continuously since he subscribed to the oath of office prescri
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 603
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