10 U.S.C. § 12735 — Inactive status list

Page 3711 TITLE 10—ARMED FORCES § 12737 1962 ACT The change conforms section 1334(b) of title 10 to the source law, the last sentence of section 304 of the Army and Air Force Vitalization and Retirement Equali- zation Act of 1948 (62 Stat. 1089). Section 305 makes the change retroactive to August 10, 1956, the date of repeal of the source law by the original military codification act of that date. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1334 of this title as this section and amended text generally, chang- ing one section reference. 1962—Subsec. (b). Pub. L. 87–651 substituted ‘‘retire- ment (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation’’ for ‘‘retire- ment or transfer to the Retired Reserve may not be credited in any computation.’’ 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. EFFECTIVE DATE OF 1962 AMENDMENT Section 305 of Pub. L. 87–651 provided that: ‘‘Section 108 of this Act [amending this section] is effective as of August 10, 1956, for all purposes. Section 304 of this Act is effective as of February 6, 1959.’’ § 12735. Inactive status list (a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be trans- ferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular compo- nent. (b) While on an inactive status list under sub- section (a), a member is not required to partici- pate in any training or other program prescribed for his component. (c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1335; re- numbered § 12735 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1335(a) ..... 1335(b) ..... 10:1036g (1st sentence). 34:440o (1st sentence). 10:1036g (2d sentence, less last 41 words). 34:440o (2d sentence, less last 41 words). June 29, 1948, ch. 708, § 308 (less last 41 words of 2d sentence), 62 Stat. 1090. 1335(c) ..... 10:1036g (less 1st and 2d sentences). 34:440o (less 1st and 2d sentences). In subsection (a), the words ‘‘would be eligible but for the fact that he is under 60 years of age’’ are sub- stituted for the words ‘‘has not attained the age of sixty years but is eligible in all other respects’’. The words ‘‘for members of his armed force, other than members of a regular component’’ are substituted for the words ‘‘for the reserve components of the Army of the United States or Air Force of the United States’’, since the source statute applied to all members except members of the regular components. The words ‘‘as has been, or’’ and ‘‘by law or regulation’’ are omitted as surplusage. In subsection (b), the words ‘‘after the effective date of such transfer’’ are omitted as surplusage. In subsection (c), 10:1036g (last 32 words of last sen- tence) and 34:440o (last 32 words of last sentence) are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1335 of this title as this section and amended text generally, mak- ing changes in style. 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. § 12736. Service credited for retired pay benefits not excluded for other benefits No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employ- ment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it. (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1336; re- numbered § 12736 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1336 ......... 10:1036d (less 1st sen- tence). 34:440l (less 1st sentence). June 29, 1948, ch. 708, § 305 (less 1st sentence), 62 Stat. 1089. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1336 of this title as this section and restated catchline and text without change. 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. § 12737. Limitation on active duty A member of the armed forces may not be or- dered to active duty solely for the purpose of qualifying the member for retired pay under this chapter. (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1337; re- numbered § 12737 and amended Pub. L. 103–337,