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10 U.S.C. § 1201 — Regulars and members on active duty for more than 30 days: retirement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement.—** Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with 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), if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b).
**(b) Required Determinations of Disability.—** Determinations referred to in subsection (a) are determinations by the Secretary that—
(1) based upon accepted medical principles, the disability is of a permanent nature and stable;
(2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and
(3) either—
(A) the member has at least 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim); or
(B) the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; and either—
(i) the disability was not noted at the time of the member’s entrance on active duty (unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service);
(ii) the disability is the proximate result of performing active duty;
(iii) the disability
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Stable record: federal_law:legal_authorities:record_usc_9be510b1ad7403e7f01a7dfd
Source file: Laws/federal/codes/united-states-code/title-10/section-1201-regulars-and-members-on-active-duty-for-more-than-30-days-retirement--b4940e6917.md
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Source location: Title 10, Chapter 61, § 1201; chapter-061-retirement-or-separation-for-physical-disability.md
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**(a) Retirement.—** Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with 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), if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b).
**(b) Required Determinations of Disability.—** Determinations referred to in subsection (a) are determinations by the Secretary that—
(1) based upon accepted medical principles, the disability is of a permanent nature and stable;
(2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and
(3) either—
(A) the member has at least 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim); or
(B) the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; and either—
(i) the disability was not noted at the time of the member’s entrance on active duty (unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service);
(ii) the disability is the proximate result of performing active duty;
(iii) the disability was incurred in line of duty in time of war or national emergency; or
(iv) the disability was incurred in line of duty after September 14, 1978.
**(c) Eligible Members.—** This section and sections 1202 and 1203 of this title apply to the following members:
(1) A member of a regular component of the armed forces entitled to basic pay.
(2) Any other member of the armed forces entitled to basic pay who has been called or ordered to active duty (other than for training under [section 10148(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10148/a&num=0&edition=prelim)) for a period of more than 30 days.
(3) Any other member of the armed forces who is on active duty but is not entitled to basic pay by reason of [section 502(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section502/b&num=0&edition=prelim) due to authorized absence (A) to participate in an educational program, or (B) for an emergency purpose, as determined by the Secretary concerned.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this chapter, a member of a regular component shall be credited with the service described in paragraph (1) or that described in paragraph (2), whichever is greater:
(1) The service that he is considered to have for the purpose of separation, discharge, or retirement for length of service.
(2) The sum of—
(A) his active service as a member of the armed forces, a nurse, a reserve nurse, a contract surgeon, a contract dental surgeon, or an acting dental surgeon;
(B) his active service as a member of the National Oceanic and Atmospheric Administration or the Public Health Service; and
(C) his service while participating in exercises or performing duties under sections 502, 503, 504, and 505 of title 32.
For the purpose of paragraph (2), active service as a member of the National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey.
**(b)** A member of the armed forces who is not a member of a regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1208
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions made applicable to the corps** The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration.
(4) Section 771, relating to unauthorized wearing of uniforms.
(5) Section 774, relating to wearing religious apparel while in uniform.
(6) Section 982, relating to service on State and local juries.
(7) Section 1031, relating to administration of oaths.
(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.
(9) Section 1035, relating to deposits of savings.
(10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members.
(11) Section 1052, relating to reimbursement for adoption expenses.
(12) Section 1074n, relating to annual mental health assessments.
(13) Section 1090a, relating to referrals for mental health evaluations.
(14) Chapter 58, relating to the benefits and services for members being separated or recently separated.
(15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).
(16) Chapter 61, relating to retirement or separation for physical disability.
(17) Section 1251(e), relating to retirement or separation based on years of creditable service.
(18) Chapter 69, relating to retired g
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3071
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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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
Upon a determination by the Secretary concerned that a member described in [section 1201(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201/c&num=0&edition=prelim) would be qualified for retirement under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201&num=0&edition=prelim) but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Separation.—** Upon a determination by the Secretary concerned that a member described in [section 1201(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201/c&num=0&edition=prelim) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in [section 1201(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201/c/3&num=0&edition=prelim), the member may be separated from the member’s armed force, with severance pay computed under [section 1212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212&num=0&edition=prelim), if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b).
**(b) Required Determinations of Disability.—** Determinations referred to in subsection (a) are determinations by the Secretary that—
(1) the member has less than 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim);
(2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence;
(3) based upon accepted medical principles, the disability is or may be of a permanent nature; and
(4) either—
(A) the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and the disability was (i) the proximate result of performing active duty, (ii) incurred in line of duty in time of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1203
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned shall prescribe regulations to carry out this chapter within his department.
**(b)** Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of—
(1) the fitness for active duty of any member of an armed force under his jurisdiction;
(2) the percentage of disability of any such member at the time of his separation from active duty;
(3) the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under his jurisdiction; and
(4) the entitlement to, and payment of, disability severance pay to any member of an armed force under his jurisdiction.
**(c)** The Secretary concerned or the Secretary of Veterans Affairs, as prescribed by the President, has the powers, functions, and duties under this chapter incident to hospitalization, reexaminations, and the payment of disability retired pay within his department or agency.
**(d)** The Secretary concerned may not, with respect to any member who is a general officer or flag officer or is a medical officer being processed for retirement under any provisions of this title by reason of age or length of service—
(1) retire such member under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201&num=0&edition=prelim);
(2) place such member on the temporary disability retired list pursuant to [section 1202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1202&num=0&edition=prelim); or
(3) separate such member from an armed force pursuant to [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1203&num=0&edition
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1216
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of Annuity for a Spouse, Former Spouse, or Child.—**
(1) **Standard annuity.—** — In the case of a standard annuity provided to a beneficiary under [section 1450(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a&num=0&edition=prelim) (other than under section 1450(a)(5)), the monthly annuity payable to the beneficiary shall be determined as follows:
(A) *Beneficiary under 62 years of age.—* — If the beneficiary is under 62 years of age or is a dependent child when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 55 percent of the base amount.
(B) *Beneficiary 62 years of age or older.—*
(i) *General rule.—* — If the beneficiary (other than a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity shall be the amount equal to the product of the base amount and the percent applicable to the month, as follows:
(I) For a month before October 2005, the applicable percent is 35 percent.
(II) For months after September 2005 and before April 2006, the applicable percent is 40 percent.
(III) For months after March 2006 and before April 2007, the applicable percent is 45 percent.
(IV) For months after March 2007 and before April 2008, the applicable percent is 50 percent.
(V) For months after March 2008, the applicable percent is 55 percent.
(ii) *Rule if beneficiary eligible for social security offset computation.—* — If the beneficiary is eligible to have the annuity computed under subsection (e) and if computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rathe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1451
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