10 U.S.C. § 1164 — Warrant officers: separation for age

Page 1233 TITLE 10—ARMED FORCES § 1164 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) 1161(b) ..... 50:739 (less words before semicolon, less appli- cability to Navy and Marine Corps warrant officers). In subsections (a) and (b), the word ‘‘commissioned’’ is inserted since, for the Army and the Air Force, the term ‘‘officer’’ is intended to have the same meaning in 50:739 as it has in the Uniform Code of Military Justice (article 4). For Navy warrant officers see section 6408 of this title. In subsection (b), the words ‘‘from his place of duty’’ are omitted as surplusage. The words ‘‘at least’’ are substituted for the words ‘‘or more’’. The words ‘‘by a court other than a court-martial or other military court’’ are substituted for the words ‘‘by the civil au- thorities’’. Editorial Notes AMENDMENTS 2016—Subsec. (b). Pub. L. 114–328 inserted ‘‘or the Sec- retary of Defense, or in the case of a commissioned offi- cer of the Coast Guard, the Secretary of the depart- ment in which the Coast Guard is operating when it is not operating in the Navy,’’ after ‘‘President’’. 1996—Subsec. (b). Pub. L. 104–201 substituted ‘‘section 1167’’ for ‘‘section 1178’’ in par. (2). Pub. L. 104–106 struck out ‘‘or’’ after ‘‘three months,’’, added par. (2), and redesignated former par. (2) as (3). Statutory Notes and Related Subsidiaries RESTORATION OF RETIRED PAY TO OFFICERS DROPPED FROM ROLLS AFTER DECEMBER 31, 1954 AND BEFORE AUGUST 25, 1958 Pub. L. 85–754, Aug. 25, 1958, 72 Stat. 847, provided: ‘‘That notwithstanding any other provisions of law, a former retired officer dropped from the rolls under sec- tion 10 of the Act of May 5, 1950, ch. 169 (64 Stat. 146), or section 1161 of title 10, United States Code, after De- cember 31, 1954, and before the date of enactment of this Act [Aug. 25, 1958] shall, for the purposes of entitle- ment to retired or retirement pay after the date of en- actment of this Act, be treated as if he had not been dropped from the rolls. Such an officer is also entitled to retroactive retired or retirement pay for the period beginning on the date he was dropped from the rolls and ending on the date of enactment of this Act, as if he had not been dropped from the rolls. ‘‘SEC. 2. A former retired officer covered by this Act is subject to the penal, prohibitory, and restrictive pro- visions of law applicable to the pay and civil employ- ment of retired officers of the Armed Forces and is not entitled to any other benefit provided by law or regula- tion for retired officers of the Armed Forces. After the date of enactment of this Act [Aug. 25, 1958], such a former retired officer may, in the discretion of the President, have his entitlement to retired or retire- ment pay under this Act terminated for any reason for which any retired officer may be dismissed from, or dropped from the rolls of, any Armed Force. ‘‘SEC. 3. Appropriations available for the payment of retired pay to members of the Armed Forces are avail- able for payments under this Act.’’ [§§ 1162, 1163. Repealed. Pub. L. 103–337, div. A, title XVI, § 1662(i)(2), Oct. 5, 1994, 108 Stat. 2998] Section 1162, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept. 2, 1958, Pub. L. 85–861, § 1(27), 72 Stat. 1450, related to discharge of Reserves. See sections 12681 and 12682 of this title. Section 1163, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept. 7, 1962, Pub. L. 87–651, title I, § 106(a), 76 Stat. 508; Dec. 30, 1987, Pub. L. 100–224, § 4, 101 Stat. 1538, related to limitations on separation of Reserve members from their reserve components. See sections 12683 to 12686 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 1164. Warrant officers: separation for age (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. (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 en- titlement to retirement or separation for phys- ical 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(5), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, § 511(41), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–295, § 1(16), Oct. 12, 1982, 96 Stat. 1290.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1164(a) ..... 10:600l(c) (as applicable to men). 10:600r(c) (as applicable to 10:600l(c)). 34:430(c) (as applicable to men). May 29, 1954, ch. 249, §§ 14(c), (e) (as applica- ble to (c)), 21(c) (as ap- plicable to § 14(c)), 68 Stat. 163, 168. 34:430c (as applicable to 34:430(c)). 1164(b) ..... 10:600l(c) (less applica- bility to men). 34:430(c) (less applica- bility to men). 1164(c) ..... 10:600l(e) (as applicable to 10:600l(c)). 34:430(e) (as applicable to 34:430(c)). In subsections (a) and (b), the words ‘‘Except as pro- vided in clause (3) of subsection (b) of this section and in subsection (g) of this section’’ are omitted as covered by section 46 of the bill and section 14(g) of the source statute. The words ‘‘Unless retired or separated on or before the expiration of that period’’ are inserted for clarity. The words ‘‘becomes 62[55] years of age’’ are substituted for the words ‘‘attains the age of sixty-two * * * or the age of fifty-five’’. In subsection (c), the words ‘‘The Secretary con- cerned may defer’’ are substituted for the words ‘‘may, in the discretion of the Secretary, be deferred’’. The words ‘‘not more than’’ are substituted for the words ‘‘a period not to exceed’’. The words ‘‘determination of his’’ are inserted for clarity. The words ‘‘he would oth- erwise be required to be separated under this section’’ are substituted for the words ‘‘separation would other- wise be required’’. The words ‘‘proper’’, ‘‘which is re- quired’’, ‘‘possible’’, and ‘‘a period of’’ are omitted as surplusage. Page 1234 TITLE 10—ARMED FORCES § 1165 1 See References in Text note below. Editorial Notes AMENDMENTS 1982—Pub. L. 97–295, § 1(16), substituted a colon for a semicolon after ‘‘officers’’ in section catchline. 1980—Subsec. (b). Pub. L. 96–513 redesignated former subsec. (c) as (b). Subsec. (c). Pub. L. 96–513 redesignated former subsec. (c) as (b). 1967—Subsec. (a). Pub. L. 90–130 struck out ‘‘male’’ be- fore ‘‘warrant officer’’. Subsec. (b). Pub. L. 90–130 struck out subsec. (b) which made special provisions for female warrant offi- cers. Subsec. (c). Pub. L. 90–130 struck out reference to sub- sec. (b) of this section. 1966—Pub. L. 89–718 substituted ‘‘8301’’ for ‘‘47a’’ wher- ever appearing. Statutory Notes and Related Subsidiaries 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. DEFERMENT OF SEPARATION WITH COMPLETION OF 20 YEARS OF SERVICE OR AT AGE 60 Act Aug. 10, 1956, ch. 1041, § 46, 70A Stat. 638, provided that: ‘‘(a) The separation of any person who, on November 1, 1954, was a male permanent warrant officer of a reg- ular component of an armed force, and who upon at- taining the age of 62 has completed less than 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949 (37 U.S.C. 311) [act Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, formerly set out as a note under section 580 of this title] may be deferred by the Secretary con- cerned until he completes 20 years of that service, but not later than that date which is 60 days after the date on which he attains the age of 64. ‘‘(b) The separation of any person who, on November 1, 1954, was a female permanent warrant officer of a regular component of an armed force, and who upon at- taining the age of 55 has completed less than 20 years of active service that could be credited to her under section 511 of the Career Compensation Act of 1949 (37 U.S.C. 311) [act Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, formerly set out as a note under section 580 of this title] may be deferred by the Secretary con- cerned until she completes 20 years of that service, but not later than that date which is 60 days after the date on which she attains the age of 60.’’ § 1165. Regular warrant officers: separation dur- ing three-year probationary period The Secretary concerned may terminate the regular appointment of any permanent regular warrant officer at any time within three years after the date when the officer accepted his original permanent appointment as a warrant officer in that component. A warrant officer who is separated under this section is entitled, if eli- gible therefor, to separation pay under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay. (Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 96–513, title I, § 109(b)(1), Dec. 12, 1980, 94 Stat. 2870.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1165 ......... 10:600d (less last 36 words of last sentence). 34:135d (less last 36 words of last sentence). May 29, 1954, ch. 249, § 6 (less last 36 words of last sentence), 68 Stat. 159. The words ‘‘in his discretion’’ are omitted as surplus- age. The last 10 words of the last sentence are inserted for clarity. Editorial Notes AMENDMENTS 1980—Pub. L. 96–513 authorized entitlement, if the regular warrant officer is eligible therefor, to separa- tion pay under section 1174. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 1166. Regular warrant officers: elimination for unfitness or unsatisfactory performance (a) Under such regulations as the Secretary concerned may prescribe, and subject to the rec- ommendations of a board of officers or a selec- tion board under section 576 of this title, a per- manent regular warrant officer who is eligible for retirement under any provision of law shall be retired under that law if his records and re- ports establish his unfitness or unsatisfactory performance of duty. If he is not eligible for re- tirement under any provision of law, but since the date when he accepted his original perma- nent appointment as a regular warrant officer he has at least three 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), he shall, if eligible therefor, be sepa- rated with separation pay under section 1174 of this title or severance pay under section 286a 1 of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under section 515 of this title. If he does not have three years of such service, he shall be separated under section 1165 of this title. (b) The Secretary concerned may defer, for not more than four months, the retirement or sepa- ration under subsection (a) of any warrant offi- cer if, because of unavoidable circumstances, evaluation of his physical condition and deter- mination of his entitlement to retirement or separation for physical disability require hos- pitalization or medical observation that cannot be completed before the date when he would oth- erwise be required to be retired or separated under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 96–513, title I, § 109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102–190, div. A, title XI, § 1131(5), Dec. 5, 1991, 105 Stat. 1506.)