10 U.S.C. § 8326 — Enlisted members: 30 years

Page 3231 TITLE 10—ARMED FORCES § 8326 Subsecs. (a)(2), (b)(2). Pub. L. 85–422 substituted ‘‘that may be credited to him under section 1405 of this title’’ for ‘‘creditable for basic pay’’. 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. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–22, § 10(b), July 10, 1981, 95 Stat. 137, pro- vided that the amendment made by that section is ef- fective Sept. 15, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 503(47) of Pub. L. 96–513 effec- tive Sept. 15, 1981, and amendment by section 513(17) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uni- formed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130. RECOMPUTATION OF RETIRED PAY OF ADMIRALS AND VICE ADMIRALS Officers entitled to retired pay on May 31, 1958, who served on active duty before that day in the grade of admiral or vice admiral for a period of at least 180 days, authorized to recompute retired pay, see section 7(b), (c) of Pub. L. 85–422. § 8326. Enlisted members: 30 years (a) Each enlisted member of the Regular Navy or the Regular Marine Corps who applies for re- tirement after completing 30 or more years of active service in the armed forces shall be re- tired by the President. (b) For the purpose of subsection (a), ‘‘enlisted member’’ includes a member of the Regular Navy or the Regular Marine Corps who holds a permanent enlisted grade and a temporary ap- pointment in a commissioned or warrant officer grade. (c) Each person retired under this section— (1) unless otherwise entitled to a higher grade, shall be retired in the grade in which 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6326; Pub. L. 85–422, § 6(9), May 20, 1958, 72 Stat. 129; Pub. L. 85–861, § 36B(20), Sept. 2, 1958, 72 Stat. 1571; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, § 3(3), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(d)(4), Sept. 8, 1980, 94 Stat. 1105; Pub. L. 96–513, title V, § 513(17), (19), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 99–348, title II, § 203(b)(4), July 1, 1986, 100 Stat. 696; renumbered § 8326 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6326 ......... 34 U.S.C. 431. Mar. 3, 1899, ch. 413, § 17, 30 Stat. 1008; Mar. 2, 1907, ch. 2515, § 1, 34 Stat. 1217. 34 U.S.C. 432. Mar. 3, 1899, ch. 413, § 17, 30 Stat. 1008; June 22, 1906, ch. 3518, 34 Stat. 451; Mar. 2, 1907, ch. 2515, § 1, 34 Stat. 1217; June 4, 1920, ch. 228, § 3 (3d proviso as applica- ble to enlisted men), 41 Stat. 835. 34 U.S.C. 879 (as applica- ble to enlisted men). June 4, 1920, ch. 228, § 3 (3d proviso as applica- ble to enlisted men), 41 Stat. 835. 34 U.S.C. 3c(e). Aug. 7, 1947, ch. 512, § 302(e), 61 Stat. 829. 34 U.S.C. 350f(a) (less pro- visos). July 24, 1941, ch. 320, § 7(a) (less provisos), 55 Stat. 604; Nov. 30, 1942, ch. 643, 56 Stat. 1023. 34 U.S.C. 410m. Aug. 7, 1947, ch. 512, § 316(j), 61 Stat. 868. 34 U.S.C. 350i(e). July 24, 1941, ch. 320, § 10(e), 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28. In subsection (a) the word ‘‘Regular’’ is inserted be- fore the words ‘‘Navy’’ and ‘‘Marine Corps’’ to reflect the longstanding interpretation that 34 U.S.C. 431 ap- plies only to members of the Regular Navy and Regular Marine Corps. So much of the Act of March 2, 1907, ch. 2515, § 1 (34 U.S.C. 431), as pertains to allowances and ra- tions was expressly repealed by the Act of June 16, 1942, ch. 413, 56 Stat. 369. The words ‘‘active service in the armed forces’’ are substituted for 34 U.S.C. 432 for brev- ity. The reference to the former Revenue Cutter Serv- ice in 34 U.S.C. 432 is omitted as obsolete, inasmuch as that Service was absorbed by the Coast Guard in 1915. If there are any enlisted men not yet retired who served in the Revenue Cutter Service, their right to count that service for the purpose of this section is pro- tected by the saving provisions accompanying this title. The reference to active service in the Civil or Spanish-American War in 34 U.S.C. 432 is omitted as ob- solete. Subsection (b) is inserted to cover into the section permanent enlisted members who are temporarily ap- pointed to commissioned or warrant grades. In subsection (c) the word ‘‘grade’’ is substituted for the words ‘‘rating or rank’’ and the words ‘‘is entitled to retired pay at the rate of 75 percent of the basic pay to which he would be entitled if serving on active duty in the grade in which retired’’ are substituted for the words ‘‘and with 75 per centum of the pay of the said rating or rank’’ to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). Subsection (d) is substituted for 34 U.S.C. 350i(e) as that section pertains to voluntary retirement of en- listed members with 30 years of active service. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(15), renumbered section 6326 of this title as this section. Subsec. (c)(2). Pub. L. 115–232, § 809(a), substituted ‘‘section 8333’’ for ‘‘section 6333’’. 1986—Subsec. (c). Pub. L. 99–348 substituted provision that retired pay be computed under section 6333 for pro- vision that retired pay, in the case of a person who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement or, if he served as master chief petty officer of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate was higher, or in the case of a per- Page 3232 TITLE 10—ARMED FORCES § 8327 son who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be computed by multiplying the monthly retired pay base computed under section 1407(d) by 75 percent. 1980—Subsec. (c)(2). Pub. L. 96–513 substituted ‘‘Sep- tember 8, 1980’’ for ‘‘the date of the enactment of the Department of Defense Authorization Act, 1981’’ wher- ever appearing, and ‘‘master chief petty officer’’ for ‘‘senior enlisted advisor’’. Pub. L. 96–342 designated existing provisions as sub- par. (A), inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B). 1967—Subsec. (c)(2). Pub. L. 90–207 inserted ‘‘, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the rate of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher’’ after ‘‘retirement’’. 1963—Subsec. (c)(2). Pub. L. 88–132 substituted ‘‘of’’ for ‘‘to which he would be entitled is serving on active duty in’’ after ‘‘75 percent of the basic pay’’. 1958—Subsec. (c)(2). Pub. L. 85–422 substituted ‘‘pay grade in which he was serving on the day before retire- ment’’ for ‘‘grade in which retired’’. Subsec. (d). Pub. L. 85–861 repealed subsec. (d) which related to grade of members serving in a grade to which they were appointed under section 5597 or promoted under section 5787 of this title. 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uni- formed Services. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uni- formed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–422 inapplicable to retired persons or to persons to whom retired pay is granted before May 31, 1958, see section 6 of Pub. L. 85–422, set out in part under section 7361 of this title. Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130. § 8327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay (a) A member of the Navy Reserve or the Ma- rine Corps Reserve may be transferred to the Retired Reserve upon his request if he has com- pleted— (1) at least 30 years of active service in the armed forces, other than active duty for train- ing; or (2) at least 20 years of active service in the armed forces other than active duty for train- ing, the last 10 of which he served in the 11- year period immediately preceding his trans- fer to the Retired Reserve. (b) Each member who is transferred to the Re- tired Reserve under subsection (a) is entitled, when not on active duty, to retired pay at the rate of 50 percent of the basic pay of the grade in which retired. (c) This section applies only to persons who were members of the Navy Reserve or the Ma- rine Corps Reserve on January 1, 1953. (d) This section terminates on January 1, 1973. However, its termination will not affect any ac- crued rights to retired pay. (e) A member who is eligible for retirement under this section, and who is also eligible for retirement under another provision or for trans- fer to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title, is entitled to elect which of these benefits he is to receive. (Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327; Pub. L. 85–583, § 1(1), Aug. 1, 1958, 72 Stat. 480; Pub. L. 88–132, § 5(h)(5), Oct. 2, 1963, 77 Stat. 214; Pub. L. 109–163, div. A, title V, § 515(b)(1)(I), (3)(B), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8327 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6327 ......... 50 U.S.C. 1052(a), (b), (d), (e), (f). July 9, 1952, ch. 608, § 413(a), (b), (d), (e), (f), 66 Stat. 499. In subsection (a) the word ‘‘Federal’’ is omitted and the words ‘‘in the armed forces, other than active duty for training’’ are inserted. The words ‘‘active Federal service’’ are not defined in 50 U.S.C. 1052. Section 310 of the Naval Reserve Act of 1938, which 50 U.S.C. 1052 re- placed, specifies active service in the ‘‘Army, Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia in Federal status, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve.’’ 50 U.S.C. 1052 was intended to preserve the rights of per- sons who, on January 1, 1953, were members of reserve components, so that they would not be prejudiced by the repeal of § 310 of the Naval Reserve Act of 1938 (U.S. Code Congressional and Administrative News, 1952, p. 3584). To effect that purpose, the service that was cred- itable under the 1938 Act must be creditable under 50 U.S.C. 1052. The words ‘‘active service in the armed forces, other than active duty for training’’ cover all creditable service. The Judge Advocate General of the Navy, in an opinion dated August 27, 1954 (JAG II:2:WGA:CA:mk), held that active duty for training was not creditable under the 1938 Act and is, therefore, not creditable under the 1952 Act. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(15), renumbered section 6327 of this title as this section. Subsec. (e). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8330’’ for ‘‘section 6330’’. 2006—Pub. L. 109–163, § 515(b)(3)(B), substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in section catchline. Subsecs. (a), (c). Pub. L. 109–163, § 515(b)(1)(I), sub- stituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1963—Subsec. (b). Pub. L. 88–132 substituted ‘‘of the grade in which retired’’ for ‘‘to which he would be enti-