10 U.S.C. § 7341 — General rule

Page 3031 TITLE 10—ARMED FORCES § 7341 2018—Pub. L. 115–232, § 808(b)(12), renumbered section 3926 of this title as this section. Subsecs. (a) to (c). Pub. L. 115–232, § 809(a), substituted ‘‘section 7311, 7318, or 7324’’ for ‘‘section 3911, 3918, or 3924’’ in introductory provisions in subsec. (a) and in subsecs. (b) and (c). Subsec. (d). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7311’’ for ‘‘section 3911’’. 1996—Subsec. (e). Pub. L. 104–106 added subsec. (e). 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. § 7329. Computation of retired pay: law applica- ble A member of the Army retired under this chapter is entitled to retired pay computed under chapter 745 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3929; re- numbered § 7329 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3929 ......... [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 AMENDMENTS 2018—Pub. L. 115–232, § 809(a), substituted ‘‘chapter 745’’ for ‘‘chapter 371’’. Pub. L. 115–232, § 808(b)(12), renumbered section 3929 of this title as this section. 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 743—RETIRED GRADE Sec. 7341. General rule. 7342. Higher grade for service in special positions. 7343. Highest grade held satisfactorily: Reserve en- listed members reduced in grade not as a re- sult of the member’s misconduct. 7344. Higher grade after 30 years of service: war- rant officers and enlisted members. 7345. Restoration to former grade: retired warrant officers and enlisted members. Sec. 7346. Retired lists. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 369 of this title as this chapter and items 3961 to 3966 as 7341 to 7346, respectively. 1996—Pub. L. 104–201, div. A, title V, § 532(a)(2), Sept. 23, 1996, 110 Stat. 2518, added item 3963. 1988—Pub. L. 100–456, div. A, title XII, § 1233(i)(1)(B), Sept. 29, 1988, 102 Stat. 2058, substituted ‘‘retired’’ for ‘‘regular’’ in item 3965. 1987—Pub. L. 100–180, div. A, title V, § 512(e)(1), Dec. 4, 1987, 101 Stat. 1091, substituted ‘‘warrant officers and enlisted members’’ for ‘‘Army warrant officers; regular enlisted members’’ in item 3964. 1985—Pub. L. 99–145, title XIII, § 1301(b)(2)(B), Nov. 8, 1985, 99 Stat. 735, struck out item 3963 ‘‘Higher grade for service during certain periods: regular and reserve com- missioned officers’’. 1980—Pub. L. 96–343, § 13(a)(4), Sept. 8, 1980, 94 Stat. 1131, substituted ‘‘positions’’ for ‘‘positions: regular commissioned officers’’ in item 3962. § 7341. General rule (a)(1) The retired grade of a regular commis- sioned officer of the Army 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 Army 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 Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s re- tirement. (Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3961; Pub. L. 96–513, title V, § 502(18), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 103–337, div. A, title XVI, § 1672(c)(2), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 106–398, § 1 [[div. A], title V, § 506(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; renumbered § 7341, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–283, div. A, title V, § 508(b)(2), Jan. 1, 2021, 134 Stat. 3585.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3961 ......... 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). 10:1025. 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. 893, 902. 10:1026 (proviso). 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. June 3, 1916, ch. 134, § 4c (proviso); added June 29, 1945, ch. 197 (pro- viso); restated Aug. 7, 1947, ch. 512, § 513(c) (proviso), 61 Stat. 902. The applicability of the rule stated in the revised sec- tion to situations not expressly covered by the laws Page 3032 TITLE 10—ARMED FORCES § 7342 named in the source credits above is necessarily im- plied from laws providing for retirement in higher grade in those situations. Editorial Notes PRIOR PROVISIONS A prior section 7341, act Aug. 10, 1956, ch. 1041, 70A Stat. 453, related to authorized number of naval air- planes and lighter-than-air crafts, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 508(b)(2)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘The retired grade of a regular commis- sioned officer of the Army who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Army who retires other than for physical disability, is determined under sec- tion 1370 of this title.’’ Subsec. (b). Pub. L. 116–283, § 508(b)(2)(B), substituted ‘‘the member’’ for ‘‘he’’ and ‘‘the member’s’’ for ‘‘his’’. 2018—Pub. L. 115–232 renumbered section 3961 of this title as this section. 2000—Subsec. (a). Pub. L. 106–398 struck out ‘‘or for nonregular service under chapter 1223 of this title’’ be- fore ‘‘, is determined’’. 1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘chapter 1223’’ for ‘‘chapter 67’’. 1980—Pub. L. 96–513 added subsec. (a), designated ex- isting provisions as subsec. (b), and inserted ‘‘not cov- ered by subsection (a)’’ after ‘‘Regular or Reserve of the Army’’. 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 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title V, § 506(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and section 8961 of this title] shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996.’’ 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 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 7342. Higher grade for service in special posi- tions Upon retirement, any permanent professor of the United States Military Academy whose grade is below brigadier general, and whose serv- ice as such a professor has been long and distin- guished, may, in the discretion of the President, be retired in the grade of brigadier general. (Aug. 10, 1956, ch. 1041, 70A Stat. 230, § 3962; Pub. L. 85–861, § 1(99), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 89–288, § 2, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96–343, § 13(a)(1)–(3), Sept. 8, 1980, 94 Stat. 1131; Pub. L. 96–513, title V, § 502(19), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 97–22, § 10(a)(2)(B), July 10, 1981, 95 Stat. 136; Pub. L. 104–106, div. A, title V, § 502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293; renum- bered § 7342, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3962(a) ..... 3962(b) ..... 3962(c) ..... 3962(d) ..... 10:506b(d) (less 1st and last provisos). 10:156c (1st 6, and 9th through 43d, words). 10:1026 (less 24 words be- fore proviso, and less proviso). 10:166g(b) (1st 5, and 8th through 76th, words; and proviso). 10:316b(b) (1st 6, and 9th through 54th, words). 10:1079a(b) (less proviso). Aug. 4, 1947, ch. 459, § 102(c) (1st 6, and 9th through 43d, words), 61 Stat. 735. June 3, 1916, ch. 134, § 4c (less 24 words before proviso, and less pro- viso); added June 4, 1920, ch. 227, § 4 (less last 18 words of 4th sentence of 7th par.); June 6, 1924, ch. 275, § 2; July 2, 1926, ch. 721, § 7; Apr. 22, 1938, ch. 167; May 12, 1939, ch. 127 (less 75th through 91st words); Oct. 14, 1940, ch. 858, § 1 (less last 26 words); restated June 29, 1945, ch. 197 (less 24 words before proviso, and less proviso); re- stated Aug. 7, 1947, ch. 512, § 513(c) (less 24 words before proviso, and less proviso), 61 Stat. 902. Aug. 7, 1947, ch. 512, §§ 504(d) (less 1st and last provisos), 520(b) (less proviso), 61 Stat. 888, 912. Apr. 16, 1947, ch. 38, § 108(b) (1st 5, and 8th through 76th, words; and proviso); restated May 16, 1950, ch. 186, § 3(d)(b) (1st 5, and 8th through 76th, words; and proviso), 64 Stat. 161. June 12, 1948, ch. 449, § 103(b) (1st 6, and 9th through 54th, words), 62 Stat. 357. In subsection (a), the words ‘‘who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Army, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) in a position of importance and responsibility designated by the Presi- dent to carry the grade of general or lieutenant general under section 3066 of this title’’ are substituted for the words ‘‘while serving in accordance with the provisions of subsection (b) or (c) of this section’’. In subsection (b), or 10:156c (1st 6, and 9th through 43d, words) is omitted as covered by 10:1026 (less 24 words before proviso, and less proviso), since the Med- ical Service Corps is a branch of the Army. The ref- erences to the Commanding General of the General Headquarters Air Force are omitted as executed. In subsection (c), 10:166g(b) (proviso) is omitted as ex- ecuted. In subsection (d), the words ‘‘Upon retirement’’ are substituted for the words ‘‘When * * * is retired’’. The word ‘‘allowances’’ is omitted, since retired officers are not entitled to allowances. The words ‘‘grade is below brigadier general’’ are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under section 4335 of this title.