10 U.S.C. § 1376 — Temporary disability retired lists

Page 1290 TITLE 10—ARMED FORCES § 1376 The words ‘‘has been or shall hereafter’’, ‘‘by oper- ation of or in accordance with law’’, and ‘‘and shall re- ceive’’ are omitted as surplusage. The words ‘‘in the grade to which he is advanced’’ are substituted for the words ‘‘in accordance with such advanced rank’’. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. § 1376. Temporary disability retired lists The Secretary concerned shall maintain a temporary disability retired list containing the names of members of the armed forces under his jurisdiction placed thereon under sections 1202 and 1205 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 85–861, § 1(31), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 103–337, div. A, title XVI, § 1662(k)(3), Oct. 5, 1994, 108 Stat. 3006.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1376(a) ..... 1376(b) ..... 50:927(a) (less 1st 11 words). 50:927(b) (less last 7 words of 1st sentence). 37:271 (less (a)). Oct. 12, 1949, ch. 681, § 401 (less (a)), 63 Stat. 816. July 9, 1952, ch. 608, § 207(a) (less 1st 11 words), (b) (less last 7 words of 1st sentence), 66 Stat. 483. In subsection (a), the word ‘‘maintained’’ is sub- stituted for the word ‘‘established’’, and in subsection (b), the word ‘‘maintain’’ is substituted for the word ‘‘established’’, since the lists have been established and are published annually. In subsection (a), the words ‘‘who are in the Retired Reserve’’ are substituted for 50:927(a) (last 11 words), since section 271 of this title prescribes the conditions for being placed in the Retired Reserve. 50:927(b) (last sentence) is omitted, since the revised section provides that both lists be maintained. In subsection (b), the words ‘‘containing the names placed thereon under section 1202 or 1205 of this title’’ are substituted for the words ‘‘upon which shall be placed the names of all members of his service entitled to such placement pursuant to the provisions of this subchapter’’. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1376 ......... [Uncodified]. July 24, 1956, ch. 677, § 2 (less clauses (a)–(i), as applicable to 10:1376), 70 Stat. 623. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 substituted ‘‘Temporary dis- ability retired lists’’ for ‘‘Retired lists’’ as section catchline, struck out ‘‘(b)’’ before ‘‘The Secretary con- cerned’’, and struck out subsec. (a) which read as fol- lows: ‘‘Under regulations prescribed by the Secretary concerned, there shall be maintained retired lists con- taining the names of the Reserves of the armed forces under his jurisdiction who are in the Retired Reserve.’’ See section 12774 of this title. 1958—Subsec. (b). Pub. L. 85–861 struck out provisions requiring publication of the temporary disability re- tired list annually in the official register or other offi- cial publication of the armed force concerned. 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. CHAPTER 71—COMPUTATION OF RETIRED PAY Sec. 1401. Computation of retired pay. 1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index. 1402. Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980. 1402a. Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980. 1403. Disability retired pay: treatment under Inter- nal Revenue Code of 1986. 1404. Applicability of section 8301 of title 5. 1405. Years of service. 1406. Retired pay base for members who first be- came members before September 8, 1980: final basic pay. 1407. Retired pay base for members who first be- came members after September 7, 1980: high-36 month average. 1407a. Retired pay base: officers retired in general or flag officer grades. 1408. Payment of retired or retainer pay in compli- ance with court orders. 1409. Retired pay multiplier. 1410. Restoral of full retirement amount at age 62 for certain members entering on or after August 1, 1986. 1411. Rules of construction. 1412. Administrative provisions. [1413. Repealed.] 1413a. Combat-related special compensation. 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensa- tion for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation. 1415. Lump sum payment of certain retired pay. Editorial Notes AMENDMENTS 2015—Pub. L. 114–92, div. A, title VI, § 633(a)(2), Nov. 25, 2015, 129 Stat. 850, added item 1415. 2011—Pub. L. 111–383, div. A, title VI, § 632(b)(2), Jan. 7, 2011, 124 Stat. 4240, added item 1412 and struck out former item 1412 ‘‘Rounding to next lower dollar’’. 2006—Pub. L. 109–364, div. A, title VI, § 641(b), Oct. 17, 2006, 120 Stat. 2259, added item 1407a. 2003—Pub. L. 108–136, div. A, title VI, § 641(d), (e)(2), Nov. 24, 2003, 117 Stat. 1516, 1517, struck out item 1413 ‘‘Special compensation for certain severely disabled uniformed services retirees’’, and substituted ‘‘Combat- related special compensation’’ for ‘‘Special compensa- tion for certain combat-related disabled uniformed services retirees’’ in item 1413a and ‘‘Members eligible for retired pay who are also eligible for veterans’ dis- ability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and vet- erans’ disability compensation’’ for ‘‘Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans’ disability com- pensation; contingent authority’’ in item 1414. 2002—Pub. L. 107–314, div. A, title VI, § 636(a)(3), Dec. 2, 2002, 116 Stat. 2576, added item 1413a. 2001—Pub. L. 107–107, div. A, title VI, § 641(c), Dec. 28, 2001, 115 Stat. 1150, added item 1414.