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5 U.S.C. § 8301 — Uniform retirement date
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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Stable record: federal_law:legal_authorities:record_usc_be79334547046a572e05bae2
Source file: Laws/federal/codes/united-states-code/title-5/section-8301-uniform-retirement-date--6ffe72a399.md
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Source location: Title 5, Chapter 83, § 8301; chapter-083-retirement.md
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**(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)** 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1164
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A physical examination shall be given at least once every 18 months to each member of the armed forces whose name is on the temporary disability retired list to determine whether there has been a change in the disability for which he was temporarily retired. He may be required to submit to those examinations while his name is carried on that list. If a member fails to report for an examination under this subsection, after receipt of proper notification, his disability retired pay may be terminated. However, payments to him shall be resumed if there was just cause for his failure to report. If payments are so resumed, they may be made retroactive for not more than one year.
**(b)** The Secretary concerned shall make a final determination of the case of each member whose name is on the temporary disability retired list upon the expiration of three years after the date when the member’s name was placed on that list. If, at the time of that determination, the physical disability for which the member’s name was carried on the temporary disability retired list still exists, it shall be considered to be of a permanent nature and stable.
**(c)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and 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, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies.
**(d)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsect
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1210
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim), the Secretary concerned may specify an effective date for the retirement of any member of the armed forces under this chapter, or for the placement of his name on the temporary disability retired list, that is earlier than the date provided for in that section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1221
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1263
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12731
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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)** A member of an armed force who first became a member of a uniformed service before September 8, 1980, and who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. Column 1 TakeColumn 2 Multiply by 1 For a member who has been entitled, for continuous period of at least two years, to basic pay under the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, but who is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in effect upon that release from active duty. For any other member, compute under the rates of basic pay under which the member’s retired pay or retainer pay was computed when he entered on that active duty. 2 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. Monthly basic pay 1 of the grade in which he would be eligible— (1) to retire if he were retiring upon that release from active duty; or (2) to transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he were transferring to either upon that release from active duty.2½ percent of the sum of— (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) his years of active service after becoming entitled to retired pay or retainer pay.2 However, an officer who was ordered to ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1402
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Federal law — U.S. Code and appendices · legal_authorities
The retirement provisions of this title are subject to [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1404
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to the classified nature of the performance of such contractor under such covered contract—
(1) such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or
(2) a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract.
**(b) Limitations.—** Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss—
(1) is the result of willful misconduct or lack of good faith on the part of the managerial personnel of the contractor, including with respect to the oversight of subcontractors by the contractor; or
(2) is the result of workmanship error by the contractor.
**(c) Definitions.—** In this section:
(1) The term “classified contract” means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information.
(2) The term “covered contract” means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act.
(3) The term “work in process” means an item at any stage of production or manufacture at any time from the initiation of contract performance until delivery to and acceptance by the Government.
(4) The term “workmanship error” means damage to work in process that is a result of an incorrectly performed skill-based task, operation, or action that was originally planned or intended.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3864
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share.—**
(1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under [section 4124(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124/d&num=0&edition=prelim) for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery.
(2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.
**(b) Products for Which Federal Prison Industries Has Significant Market Share.—**
(1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3905
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