10 U.S.C. § 9329 — Computation of retired pay: law applica-

Page 3491 TITLE 10—ARMED FORCES § 9329 be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding— (1) all active service performed as a member of the Army, the Air Force, or the Space Force; and (2) all service in the Navy or Marine Corps that may be included in determining the eligi- bility of an officer of the Navy or Marine Corps for retirement. (b) For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under sub- section (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered. (c) For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under sub- section (a) all service as a contract dental sur- geon or acting dental surgeon. (d) Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section. (Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8926; Pub. L. 86–197, § 1(8), Aug. 25, 1959, 73 Stat. 426; Pub. L. 101–189, div. A, title VI, § 652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–106, div. A, title V, § 561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323; renum- bered § 9326 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(19), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8926(a) ..... 8926(b) ..... 8926(c) ..... 10:951 (less applicability to 10:166g(a)). 10:951a. 10:951b (less applicability to 10:166g(a)). [Uncodified June 18, 1878, ch. 263, § 7 (less applica- bility to 10:166g(a)), 20 Stat. 150.] 10:953a (1st sentence). 10:953a (less 1st sen- tence). June 3, 1916, ch. 134, § 127a (6th par., less 1st 13 words, and less ap- plicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended); added June 4, 1920, ch. 227, subch. I, § 51 (6th par., less 1st 13 words, and less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 41 Stat. 785. May 23, 1928, ch. 716, 45 Stat. 720. June 15, 1935, ch. 257 (less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amend- ed), 49 Stat. 377. June 18, 1878, ch. 263, § 7 (less applicability to § 108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 20 Stat. 150. May 29, 1928, ch. 902, 45 Stat. 996; Jan. 29, 1938, ch. 12, § 2, 52 Stat. 8. Subsection (a) consolidates the various service com- putation provisions applicable to voluntary retirement of commissioned officers. Clause (1) is substituted for 10:951. Clause (2) is substituted for 10:951b. The words ‘‘pay period and’’, in 10:951a, are omitted as superseded by section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words ‘‘longevity pay and’’, in section 7 of the Act of June 18, 1878, ch. 263, 20 Stat. 150, are omitted for the same reason. The last sen- tence of section 7 of that act is omitted, since the dis- tinction between limited and unlimited retired lists was abolished by section 201 of the Act of June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is inserted, since a per- son entitled to count service under section 8683 of this title might cease to be a nurse or woman medical spe- cialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section. In subsection (b), the words ‘‘as a member of the Med- ical Reserve Corps’’, in 10:953a, are omitted as covered by subsection (a)(1). The words ‘‘are computed by add- ing to his service under subsection (a)’’ are substituted for the words ‘‘shall be credited to the same extent as service under a Regular Army commission’’. Subsection (c) is substituted for 10:953a (less 1st sen- tence). Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 923(c)(19)(B), which directed amendment of subsec. (a) by substituting ‘‘the offi- cer’s’’ for ‘‘his’’ wherever appearing, was executed by making the substitution wherever appearing in this section to reflect the probable intent of Congress. Subsec. (a). Pub. L. 116–283, § 923(c)(19)(A)(i), inserted ‘‘or the Space Force’’ after ‘‘of the Air Force’’ in intro- ductory provisions. Subsec. (a)(1). Pub. L. 116–283, § 923(c)(19)(A)(ii), sub- stituted ‘‘, the Air Force, or the Space Force’’ for ‘‘or the Air Force’’. 2018—Pub. L. 115–232, § 806(b)(13), renumbered section 8926 of this title as this section. Subsecs. (a) to (c). Pub. L. 115–232, § 809(a), substituted ‘‘section 9311, 9318, or 9324’’ for ‘‘section 8911, 8918, or 8924’’. 1996—Subsec. (d). Pub. L. 104–106 added subsec. (d). 1989—Subsec. (a)(1). Pub. L. 101–189, § 652(a)(7)(A)(i), inserted ‘‘and’’ after semicolon at end. Subsec. (a)(2). Pub. L. 101–189, § 652(a)(7)(A)(ii), sub- stituted period for semicolon at end. Subsec. (a)(3), (4). Pub. L. 101–189, § 652(a)(7)(A)(iii), struck out pars. (3) and (4) which read as follows: ‘‘(3) all service computed under section 8683 of this title; and ‘‘(4) if an officer of the Regular Air Force, all active service performed as an officer of the Philippine Con- stabulary.’’ Subsec. (d). Pub. L. 101–189, § 652(a)(7)(B), struck out subsec. (d) which read as follows: ‘‘For the purpose of determining whether an Air Force nurse or medical specialist may be retired under section 8911 of this title, all service computed under section 8683 of this title, shall be treated as if it was service as a commis- sioned officer.’’ 1959—Subsec. (d). Pub. L. 86–197 added subsec. (d). 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 1996 AMENDMENT Amendment by Pub. L. 104–106 effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title. § 9329. Computation of retired pay: law applica- ble A member of the Air Force or the Space Force retired under this chapter is entitled to retired pay computed under chapter 945 of this title. Page 3492 TITLE 10—ARMED FORCES § 9341 (Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8929; re- numbered § 9329 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(20), Jan. 1, 2021, 134 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8929 ......... [No source]. [No source]. The revised section is based on the various retire- ment provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retire- ment. Editorial Notes PRIOR PROVISIONS Prior sections 9331 to 9336 were renumbered sections 9431 to 9436 of this title, respectively. A prior section 9337, act Aug. 10, 1956, ch. 1041, 70A Stat. 562; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513, related to United States Air Force Academy chaplain, prior to repeal by Pub. L. 114–328, div. A, title V, § 591(a), Dec. 23, 2016, 130 Stat. 2152. A prior section 9338 was renumbered section 9438 of this title. AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232 renumbered section 8929 of this title as this section and substituted ‘‘chapter 945’’ for ‘‘chapter 871’’. 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 943—RETIRED GRADE Sec. 9341. General rule. 9342. Higher grade for service in special positions. 9343. Highest grade held satisfactorily: Reserve en- listed members reduced in grade not as a re- sult of the member’s misconduct. 9344. Higher grade after 30 years of service: war- rant officers and enlisted members. 9345. Restoration to former grade: retired warrant officers and enlisted members. 9346. Retired lists. Editorial Notes PRIOR PROVISIONS A prior chapter 943, consisting of sections 9681 to 9686, related to disposal of obsolete or surplus material, prior to renumbering as chapter 973 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 869 of this title as this chapter and items 8961 to 8966 as 9341 to 9346, respectively. 1996—Pub. L. 104–201, div. A, title V, § 532(c)(2), Sept. 23, 1996, 110 Stat. 2520, added item 8963. 1988—Pub. L. 100–456, div. A, title XII, § 1233(i)(2)(B), Sept. 29, 1988, 102 Stat. 2058, substituted ‘‘retired’’ for ‘‘Regular Air Force’’ in item 8965. 1987—Pub. L. 100–180, div. A, title V, § 512(e)(3), Dec. 4, 1987, 101 Stat. 1091, substituted ‘‘warrant officers and enlisted members’’ for ‘‘Air Force warrant officers; reg- ular enlisted members’’ in item 8964. 1985—Pub. L. 99–145, title XIII, § 1301(d)(2)(B), Nov. 8, 1985, 99 Stat. 736, struck out item 8963 ‘‘Higher grade for service during certain periods: regular and reserve com- missioned officers’’. 1980—Pub. L. 96–343, § 13(b)(3), Sept. 8, 1980, 94 Stat. 1131, substituted ‘‘positions’’ for ‘‘positions: regular commissioned officers’’ in item 8962. § 9341. General rule (a)(1) The retired grade of a regular commis- sioned officer of the Air Force who retires other than for physical disability is determined under section 1370 of this title. (2) The retired grade of a reserve commis- sioned officer of the Air Force who retires other than for physical disability is determined under section 1370a of this title. (b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by sub- section (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the mem- ber’s retirement. (c) SPACE FORCE.—(1) The retired grade of a commissioned officer of the Space Force who re- tires other than for physical disability is deter- mined under section 1370 or 1370a of this title, as applicable to the officer. (2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability re- tires in the grade that the member holds on the date of the member’s retirement. (Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8961; Pub. L. 96–513, title V, § 504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, § 1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 106–398, § 1 [[div. A], title V, § 506(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; renumbered § 9341, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title V, § 508(b)(4), Jan. 1, 2021, 134 Stat. 3585; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(2), Dec. 22, 2023, 137 Stat. 664.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8961 ......... 10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade). 10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applica- ble to retired grade). 10:947a (last 11 words). Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to re- tired grade), 61 Stat. 902, 905. 10:1025. Feb. 14, 1885, ch. 67 (43d through 53d words); re- stated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504. R.S. 1254. The applicability of the rule stated in the revised sec- tion to situations not expressly covered by the laws named in the source credits above is necessarily im- plied from laws providing for retirement in higher grade in those situations.