10 U.S.C. § 12734 — Time not creditable toward years of serv-

Page 3710 TITLE 10—ARMED FORCES § 12734 service that may be counted in determining retired pay for persons entitled to that pay under this chapter. Clause (1) is substituted for 10:1036b(i). In clause (3), the words ‘‘and proportionately for each fraction of a year’’ are inserted to make clear that parts of years must be counted. 10:1036e(d) and 34:440m(d) are omitted as covered by sections 101(22) and 101(24) of this title. 1958 ACT The change is necessary so that active service and service described in section 1332(a)(2)(A)(ii) that was performed on or before July 1, 1949, may be counted in computing retired pay, as provided by the source law, section 303(i) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1088) and in accordance with the opinion of the Judge Advo- cate General of the Army (JAGA 1956/1908, Feb. 13, 1956). Editorial Notes AMENDMENTS 2021—Par. (3). Pub. L. 116–283, § 516(b), substituted ‘‘(D), or (F)’’ for ‘‘or (D)’’ in introductory provisions. Pars. (5), (6). Pub. L. 116–283, § 602(b)(5), added par. (5) and redesignated former par. (5) as (6). 2008—Par. (3)(B) to (D). Pub. L. 110–181 struck out ‘‘and’’ at end of subpar. (B), substituted ‘‘before the year of service that includes October 30, 2007; and’’ for period at end of subpar. (C), and added subpar. (D). 2001—Par. (3)(B). Pub. L. 107–107, § 1048(c)(16)(A), sub- stituted ‘‘October 30, 2000’’ for ‘‘the date of the enact- ment of the Floyd D. Spence National Defense Author- ization Act for Fiscal Year 2001’’. Par. (3)(C). Pub. L. 107–107, § 1048(c)(16)(B), substituted ‘‘October 30, 2000,’’ for ‘‘the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001’’. 2000—Par. (3). Pub. L. 106–398 substituted ‘‘but not more than—’’ and subpars. (A) to (C) for ‘‘but not more than 60 days in any one year of service before the year of service that includes September 23, 1996, and not more than 75 days in any subsequent year of service.’’ 1999—Pars. (4), (5). Pub. L. 106–65 added par. (4) and re- designated former par. (4) as (5). 1997—Par. (3). Pub. L. 105–85, § 1073(c)(4), made tech- nical correction to directory language of Pub. L. 104–201, § 531(a). See 1996 Amendment note below. Pub. L. 105–85, § 1073(a)(67), inserted a comma after ‘‘(B)’’ and substituted ‘‘that includes September 23, 1996,’’ for ‘‘in which the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997 occurs’’. 1996—Par. (3). Pub. L. 104–201, § 543(b)(2), substituted ‘‘(C), or (D)’’ for ‘‘or (C)’’. Pub. L. 104–201, § 531(a), as amended by Pub. L. 105–85, § 1073(c)(4), inserted before period at end ‘‘of service be- fore the year of service in which the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 1997 occurs and not more than 75 days in any subsequent year of service’’. 1994—Pub. L. 103–337 renumbered section 1333 of this title as this section, substituted ‘‘Computation of re- tired pay: computation of years of service’’ for ‘‘Com- putation of years of service in computing retired pay’’ as section catchline, and amended text generally, changing style and references to other sections. 1958—Pub. L. 85–861 added cls. (1) and (2), struck out former cl. (1) which permitted the addition of the days of service credited under section 1332(a)(2)(A) of this title, and redesignated former cls. (2) and (3) as (3) and (4), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 602(b)(5) of Pub. L. 116–283 ef- fective, and applicable with respect to periods of mater- nity leave that commence on or after, Jan. 1, 2021, see section 602(c) of Pub. L. 116–283, set out as a note under section 12732 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. § 12734. Time not creditable toward years of serv- ice (a) Service in an inactive status may not be counted in any computation of years of service under this chapter. (b) Time spent after retirement (without pay) for failure to conform to standards and quali- fications prescribed under section 12641 of this title may not be credited in a computation of years of service under this chapter. (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1334; Pub. L. 87–651, title I, § 108, Sept. 7, 1962, 76 Stat. 509; renumbered § 12734 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1334(a) ..... 10:1036c (last sentence, as applicable to inactive status). 10:1036g (last 41 words of 2d sentence). 34:440k (last sentence, as applicable to inactive status). June 29, 1948, ch. 708, §§ 304 (last sentence), 308 (last 41 words of 2d sentence), 62 Stat. 1088, 1090. July 9, 1952, ch. 608, § 211(b) (less 1st 16 words), 66 Stat. 485. 34:440o (last 41 words of 2d sentence). 50:931(b) (less 1st 16 words). 1334(b) ..... 10:1036c (last sentence, less applicability to in- active status). 34:440k (last sentence, less applicability to in- active status). Subsection (a) is substituted for 10:1036c (1st 17 words of last sentence, as applicable to inactive status), 10:1036g (last 41 words of 2d sentence), 34:440k (last 17 words of last sentence, as applicable to inactive status), and 34:440o (last 41 words of 2d sentence). 10:1036c (pro- viso of last sentence, as applicable to inactive status) and 34:440k (proviso of last sentence, as applicable to inactive status) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, as applica- ble to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, as applicable to inactive status) are omitted as surplusage. In subsection (b), 10:1036c (proviso of last sentence, less applicability to inactive status) and 34:440k (pro- viso of last sentence, less applicability to inactive sta- tus) are omitted as executed. 10:1036c (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) and 34:440k (last sentence, less 1st 17 words and less proviso, less applicability to inactive status) are omitted as surplusage. Page 3711 TITLE 10—ARMED FORCES § 12737 1962 ACT The change conforms section 1334(b) of title 10 to the source law, the last sentence of section 304 of the Army and Air Force Vitalization and Retirement Equali- zation Act of 1948 (62 Stat. 1089). Section 305 makes the change retroactive to August 10, 1956, the date of repeal of the source law by the original military codification act of that date. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1334 of this title as this section and amended text generally, chang- ing one section reference. 1962—Subsec. (b). Pub. L. 87–651 substituted ‘‘retire- ment (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation’’ for ‘‘retire- ment or transfer to the Retired Reserve may not be credited in any computation.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Section 305 of Pub. L. 87–651 provided that: ‘‘Section 108 of this Act [amending this section] is effective as of August 10, 1956, for all purposes. Section 304 of this Act is effective as of February 6, 1959.’’ § 12735. Inactive status list (a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be trans- ferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular compo- nent. (b) While on an inactive status list under sub- section (a), a member is not required to partici- pate in any training or other program prescribed for his component. (c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1335; re- numbered § 12735 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1335(a) ..... 1335(b) ..... 10:1036g (1st sentence). 34:440o (1st sentence). 10:1036g (2d sentence, less last 41 words). 34:440o (2d sentence, less last 41 words). June 29, 1948, ch. 708, § 308 (less last 41 words of 2d sentence), 62 Stat. 1090. 1335(c) ..... 10:1036g (less 1st and 2d sentences). 34:440o (less 1st and 2d sentences). In subsection (a), the words ‘‘would be eligible but for the fact that he is under 60 years of age’’ are sub- stituted for the words ‘‘has not attained the age of sixty years but is eligible in all other respects’’. The words ‘‘for members of his armed force, other than members of a regular component’’ are substituted for the words ‘‘for the reserve components of the Army of the United States or Air Force of the United States’’, since the source statute applied to all members except members of the regular components. The words ‘‘as has been, or’’ and ‘‘by law or regulation’’ are omitted as surplusage. In subsection (b), the words ‘‘after the effective date of such transfer’’ are omitted as surplusage. In subsection (c), 10:1036g (last 32 words of last sen- tence) and 34:440o (last 32 words of last sentence) are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1335 of this title as this section and amended text generally, mak- ing changes in style. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12736. Service credited for retired pay benefits not excluded for other benefits No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employ- ment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it. (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1336; re- numbered § 12736 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1336 ......... 10:1036d (less 1st sen- tence). 34:440l (less 1st sentence). June 29, 1948, ch. 708, § 305 (less 1st sentence), 62 Stat. 1089. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1336 of this title as this section and restated catchline and text without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12737. Limitation on active duty A member of the armed forces may not be or- dered to active duty solely for the purpose of qualifying the member for retired pay under this chapter. (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1337; re- numbered § 12737 and amended Pub. L. 103–337,