10 U.S.C. § 9346 — Retired lists

Page 3496 TITLE 10—ARMED FORCES § 9346 Pub. L. 113–291, div. A, title V, § 553(c), Dec. 19, 2014, 128 Stat. 3377, related to foreign and cultural exchange ac- tivities, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘member of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8965 of this title as this section and substituted ‘‘section 9344’’ for ‘‘section 8964’’. 1988—Pub. L. 100–456 substituted ‘‘retired’’ for ‘‘Reg- ular Air Force’’ in section catchline. 1987—Pub. L. 100–180 struck out ‘‘Regular’’ before ‘‘Air Force who’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9346. Retired lists (a) The Secretary of the Air Force shall main- tain a retired list containing the name of each retired commissioned officer of the Regular Air Force and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)). (b)(1) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay under any law providing retired pay for commis- sioned officers of the Air Force, other than of the Regular Air Force; and (B) each retired warrant officer or enlisted member of the Air Force who is advanced to a commissioned grade. (2) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and (B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade. (c) The Secretary shall maintain a retired list containing the name of each retired warrant of- ficer of the Air Force and a separate retired list containing the name of each retired warrant of- ficer of the Space Force. (d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Air Force and a separate retired list containing the name of each retired enlisted member of the Space Force. (Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8966; Pub. L. 85–861, § 1(199), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 100–180, div. A, title V, § 512(d)(3), Dec. 4, 1987, 101 Stat. 1090; renumbered § 9346, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(21)(C), Jan. 1, 2021, 134 Stat. 3812; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(4), Dec. 22, 2023, 137 Stat. 664.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8966(a) ..... 8966(b) ..... 8966(c) ..... 10:1001. 10:1036. [No source]. June 29, 1948, ch. 708, §§ 201, 301(a), 62 Stat. 1084, 1087. 8966(d) ..... [No source]. In subsections (a), (b), and (d), the word ‘‘maintain’’ is substituted for the word ‘‘establish’’, and in sub- section (c) the word ‘‘maintain’’ is substituted for the word ‘‘established’’, since the lists have been estab- lished and are published annually. In subsection (a), the words ‘‘Effective upon June 29, 1948’’ are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title, laws re- ferring to the limited or unlimited retired list will be expressly repealed. In subsection (b), the word ‘‘shall’’ is substituted for the word ‘‘may’’, since 10:1036 further requires that such a list be published annually in the Register. The requirement as to publication necessarily implies that the list must be maintained. Subsection (b)(1) is substituted for the words ‘‘all commissioned officers and former commissioned offi- cers * * * or the Air Force of the United States, as the case may be * * * or the Regular Air Force, heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter en- acted to provide retirement pay for commissioned offi- cers * * * or the Regular Air Force’’. In subsection (b)(2), the words ‘‘who is advanced to a commissioned grade’’ are substituted for the words ‘‘heretofore or hereafter retired under any provision of law who, by reason of service in temporary commis- sioned grades * * * or the Air Force of the United States, or in any of the respective components thereof, are entitled to be retired with commissioned rank or grade’’. Subsections (c) and (d) are inserted, since sections 8964 and 8965 of this title refer to service on the retired list as a warrant officer or enlisted member. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8966(a) ..... 8966(b) ..... 10 App.:1001. 10 App.:1036. July 24, 1956, ch. 677, § 2(f), (g), 70 Stat. 623. Editorial Notes PRIOR PROVISIONS Prior sections 9346 to 9356 were renumbered sections 9446 to 9456 of this title, respectively. Another prior section 9356, added Pub. L. 103–337, div. A, title V, § 556(c)(1), Oct. 5, 1994, 108 Stat. 2775, related to position of athletic director of Academy and to ad- ministration of nonappropriated fund account for ath- letics program of Academy, prior to repeal by Pub. L. 104–106, div. A, title V, § 533(c)(1), Feb. 10, 1996, 110 Stat. 315. Prior sections 9357 to 9360 were renumbered sections 9457 to 9460 of this title, respectively. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1719A(b)(4)(A), sub- stituted ‘‘and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2))’’ for ‘‘or the Reg- ular Space Force’’. Subsec. (b). Pub. L. 118–31, § 1719A(b)(4)(B)(i), (ii), (v), inserted par. (1) designation before ‘‘The Secretary’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (b)(1)(A). Pub. L. 118–31, § 1719A(b)(4)(B)(iii), struck out ‘‘, or for commissioned officers of the Space Page 3497 TITLE 10—ARMED FORCES § 9361 1 So in original. Probably should be ‘‘Vietnam era,’’. Force other than of the Regular Space Force’’ after ‘‘Regular Air Force’’. Subsec. (b)(1)(B). Pub. L. 118–31, § 1719A(b)(4)(B)(iv), struck out ‘‘or the Space Force’’ after ‘‘Air Force’’. Subsec. (c). Pub. L. 118–31, § 1719A(b)(4)(C), substituted ‘‘and a separate retired list containing the name of each retired warrant officer of the Space Force’’ for ‘‘or the Space Force’’. Subsec. (d). Pub. L. 118–31, § 1719A(b)(4)(D), sub- stituted ‘‘and a separate retired list containing the name of each retired enlisted member of the Space Force’’ for ‘‘or the Regular Space Force’’. 2021—Subsec. (a). Pub. L. 116–283, § 923(c)(21)(C)(i), in- serted ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’. Subsec. (b)(1). Pub. L. 116–283, § 923(c)(21)(C)(ii), in- serted ‘‘, or for commissioned officers of the Space Force other than of the Regular Space Force’’ after ‘‘Regular Air Force’’. Subsec. (b)(2). Pub. L. 116–283, § 923(c)(21)(C)(iii), in- serted ‘‘or the Space Force’’ after ‘‘Air Force’’. Subsec. (c). Pub. L. 116–283, § 923(c)(21)(C)(iii), inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. Subsec. (d). Pub. L. 116–283, § 923(c)(21)(C)(i), inserted ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’. 2018—Pub. L. 115–232 renumbered section 8966 of this title as this section. 1987—Subsec. (b)(2). Pub. L. 100–180 struck out ‘‘Reg- ular’’ before ‘‘Air Force’’. 1958—Pub. L. 85–861 struck out provisions in subsecs. (a) and (b) which required annual publication in official Air Force Register of the retired list. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. CHAPTER 945—COMPUTATION OF RETIRED PAY Sec. 9361. Computation of retired pay. 9362. Recomputation of retired pay to reflect ad- vancement on retired list. Editorial Notes PRIOR PROVISIONS A prior chapter 945, consisting of sections 9711 to 9713, related to disposition of effects of deceased persons, prior to renumbering as chapter 975 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, re- designated chapter 871 of this title as this chapter and items 8991 and 8992 as 9361 and 9362, respectively. § 9361. Computation of retired pay (a) COMPUTATION.— (1) FORMULA.—The monthly retired pay of a member entitled to such pay under this sub- title is computed by multiplying— (A) the member’s retired pay base (as com- puted under section 1406(e) or 1407 of this title), by (B) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title. (2) ADDITIONAL 10 PERCENT FOR CERTAIN EN- LISTED MEMBERS CREDITED WITH EXTRAOR- DINARY HEROISM.—If a member who is retired under section 9314 of this title has been cred- ited by the Secretary of the Air Force with ex- traordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under para- graph (1) (but to not more than 75 percent of the retired pay base upon which the computa- tion of such retired pay is based (except in the case of a member who served during the Viet- nam Era, 1 as that term is defined in section 12731 of this title)). The Secretary’s deter- mination as to extraordinary heroism is con- clusive for all purposes. (b) GENERAL RULES.— (1) USE OF MOST FAVORABLE FORMULA.—If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him. (2) ROUNDING TO NEXT LOWER DOLLAR.—The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1. (c) SPECIAL RULE FOR RETIRED RESERVE EN- LISTED MEMBERS COVERED BY SECTION 9343.—In the case of a Reserve enlisted member retired under section 9314 of this title whose retired grade is determined under section 9343 of this title and who first became a member of a uni- formed service before September 8, 1980, the re- tired pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the member’s retired grade (determined based upon the rates of basic pay applicable on the date of the member’s re- tirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under section 1406(e) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991; Pub. L. 85–155, title III, § 301(22), Aug. 21, 1957, 71 Stat. 389; Pub. L. 85–422, §§ 6(6), (8), 11(a)(9), May 20, 1958, 72 Stat. 129, 131; Pub. L. 85–861, § 1(199A), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 87–651, title I, § 127, Sept. 7, 1962, 76 Stat. 514; Pub. L. 88–132, § 5(h)(2), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, § 3(5), Dec. 16, 1967, 81 Stat. 654; Pub. L. 96–342, title VIII, § 813(e), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 96–513, title V, §§ 504(22), 514(8), Dec. 12, 1980, 94 Stat. 2917, 2935; Pub. L. 98–94, title IX, §§ 922(a)(12), 923(a)(1), (2)(H), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 204(a), July 1, 1986, 100 Stat. 697; Pub. L. 103–337, div. A, title VI, § 635(c)(2), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–201, div. A, title V, § 532(d)(3), Sept. 23, 1996, 110 Stat. 2520; renumbered § 9361 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 118–159, div. A, title VI, § 604(3), Dec. 23, 2024, 138 Stat. 1931.)