10 U.S.C. § 1305 — Thirty years or more: regular warrant of-

Page 1280 TITLE 10—ARMED FORCES § 1305 ‘‘(e) COMPUTATION OF RETIRED PAY.—Retired or re- tainer pay of a member retired (or transferred to the Fleet Reserve or Fleet Marine Corps Reserve) under a provision of title 10, United States Code, by reason of eligibility pursuant to subsection (b) shall be reduced by 1⁄12th of 1 percent for each full month by which the number of months of active service of the member are less than 240 as of the date of the member’s retirement (or transfer to the Fleet Reserve or Fleet Marine Corps Reserve). ‘‘(f) FUNDING.—(1) Notwithstanding section 1463 of title 10, United States Code, and subject to the avail- ability of appropriations for this purpose, the Secretary of each military department shall provide in accord- ance with this section for the payment of retired pay payable during the fiscal years covered by the other provisions of this subsection to members of the Armed Forces under the jurisdiction of that Secretary who are being retired under the authority of this section. ‘‘(2) In each fiscal year in which the Secretary of a military department retires a member of the Armed Forces under the authority of this section, the Sec- retary shall credit to a subaccount (which the Sec- retary shall establish) within the appropriation ac- count for that fiscal year for pay and allowances of ac- tive duty members of the Armed Forces under the ju- risdiction of that Secretary such amount as is nec- essary to pay the retired pay payable to such member for the entire initial period (determined under para- graph (3)) of the entitlement of that member to receive retired pay. ‘‘(3) The initial period applicable under paragraph (2) in the case of a retired member referred to in that para- graph is the number of years (and any fraction of a year) that is equal to the difference between 20 years and the number of years (and any fraction of a year) of service that were completed by the member (as com- puted under the provision of law used for determining the member’s years of service for eligibility to retire- ment) before being retired under the authority of this section. ‘‘(4) The Secretary shall pay the member’s retired pay for such initial period out of amounts credited to the subaccount under paragraph (2). The amounts so credited with respect to that member shall remain available for payment for that period. ‘‘(5) For purposes of this subsection— ‘‘(A) the transfer of an enlisted member of the Navy or Marine Corps to the Fleet Reserve or Fleet Marine Corps Reserve shall be treated as a retirement; and ‘‘(B) the term ‘retired pay’ shall be treated as in- cluding retainer pay. ‘‘(g) COORDINATION WITH OTHER SEPARATION PROVI- SIONS.—(1) A member of the Armed Forces retired under the authority of this section is not entitled to benefits under section 1174 or 1175a of title 10, United States Code. ‘‘(2) [Amended section 638a(b)(4)(C) [now 638a(b)(3)(C)] of this title.] ‘‘(h) MEMBERS RECEIVING SSB, VSI, OR VSP.—The Secretary of a military department may retire (or transfer to the Fleet Reserve or Fleet Marine Corps Re- serve) pursuant to the authority provided by this sec- tion a member of a reserve component who before the date of the enactment of this Act [Oct. 23, 1992] was sep- arated from active duty pursuant to an agreement en- tered into under section 1174a or 1175 of title 10, United States Code or who before December 31, 2011, was sepa- rated from active duty pursuant to an agreement en- tered into under section 1175a of such title. The retired or retainer pay of any such member so retired (or transferred) by reason of the authority provided in this section shall be reduced by the amount of any payment to such member before the date of such retirement under the provisions of such agreement. ‘‘(i) ACTIVE FORCE DRAWDOWN PERIOD.—For purposes of this section, the active force drawdown period is (1) the period beginning on the date of the enactment of this Act and ending on September 1, 2002, and (2) the period beginning on December 31, 2011, and ending on December 31, 2025.’’ [Pub. L. 107–314, div. A, title V, § 554, Dec. 2, 2002, 116 Stat. 2553, provided that the amendment made by that section to section 4403 of Pub. L. 102–484, set out above, is effective Jan. 1, 2002.] § 1305. Thirty years or more: regular warrant of- ficers (a)(1) Subject to paragraphs (2) and (3), a reg- ular warrant officer who has at least 30 years of active service that could be credited to the offi- cer under section 511 of the Career Compensa- tion Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which the of- ficer completes that service, except as provided by section 8301 of title 5. (2) In the case of a regular Army warrant offi- cer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer. (3) In the case of a regular Navy warrant offi- cer in the grade of chief warrant officer, W–5, or a Marine Corps Marine Gunner warrant officer in such grade, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service. (b) The Secretary concerned may defer, for not more than four months, the retirement 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 the warrant officer would otherwise be required to retire under this section. (c) Under such regulations as the Secretary concerned may prescribe, the Secretary con- cerned may defer the retirement under sub- section (a) of any warrant officer upon the rec- ommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after the warrant officer becomes 62 years of age. (Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 102–190, div. A, title XI, § 1116, Dec. 5, 1991, 105 Stat. 1503; Pub. L. 109–364, div. A, title V, § 505(c), Oct. 17, 2006, 120 Stat. 2179; Pub. L. 110–417, [div. A], title V, § 501, Oct. 14, 2008, 122 Stat. 4432; Pub. L. 112–239, div. A, title V, § 504, Jan. 2, 2013, 126 Stat. 1715; Pub. L. 118–31, div. A, title V, § 509A, Dec. 22, 2023, 137 Stat. 243.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1305(a) ..... 10:600(d) (as applicable to 10:600l(b)(2)). 10:600l(b)(2) (last sen- tence). 10:600r(c) (as applicable to 10:600l(b)(2)). 34:135(d) (as applicable to 34:430(b)(2)). May 29, 1954, ch. 249, §§ 2(d) (as applicable to § 14(b)(2)), 14(b)(2), (e) (as applicable to (b)(2)), 21(c) (as appli- cable to § 14(b)(2)), 68 Stat. 157, 163, 168. 34:430(b)(2) (last sen- tence). 34:430c (as applicable to 34:430(b)(2)). 1305(b) ..... 10:600l(e) (as applicable to 10:600l(b)(2)). 34:430(e) (as applicable to 34:430(b)(2)). 1305(c) ..... 10:600l(b)(2) (less last sen- tence). 34:430(b)(2) (less last sen- tence). Page 1281 TITLE 10—ARMED FORCES § 1331 In subsection (a), the words ‘‘has at least’’ are sub- stituted for the words ‘‘has completed’’. The words ‘‘and is not so continued on active service’’ and ‘‘on that date which’’ are omitted as surplusage. 10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 words of last sentence) are omitted as covered by sec- tion 1315 of this title. In subsection (b), the words ‘‘The Secretary con- cerned may defer’’ are substituted for the words ‘‘may, in the discretion of the Secretary, be deferred’’. The words ‘‘determination of his’’ are inserted for clarity. The words ‘‘not more than’’ are substituted for the words ‘‘a period not to exceed’’. The words ‘‘he would otherwise be required to retire under this section’’ are substituted for the words ‘‘retirement * * * would oth- erwise be required’’. The words ‘‘which is required’’, ‘‘possible’’, ‘‘proper’’, and ‘‘a period of’’ are omitted as surplusage. In subsection (c), the words ‘‘the Secretary concerned may defer the retirement’’ are substituted for the words ‘‘in the discretion of the Secretary * * * be con- tinued on active service’’. The words ‘‘but not later than’’ are substituted for the words ‘‘but not beyond that date which is’’. Editorial Notes REFERENCES IN TEXT Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(1), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title. AMENDMENTS 2023—Subsec. (a)(3). Pub. L. 118–31, § 509A(1), inserted ‘‘or a Marine Corps Marine Gunner warrant officer in such grade,’’ after ‘‘chief warrant officer, W–5,’’. Subsec. (b). Pub. L. 118–31, § 509A(2), substituted ‘‘when the warrant officer’’ for ‘‘when he’’. Subsec. (c). Pub. L. 118–31, § 509A(3), substituted ‘‘as the Secretary concerned’’ for ‘‘as he’’ and ‘‘after the warrant officer’’ for ‘‘after he’’. 2013—Subsec. (a)(1). Pub. L. 112–239, § 504(1), sub- stituted ‘‘Subject to paragraphs (2) and (3), a regular warrant officer’’ for ‘‘A regular warrant officer (other than a regular Army warrant officer)’’ and ‘‘date on which the officer’’ for ‘‘date on which he’’. Subsec. (a)(3). Pub. L. 112–239, § 504(2), added par. (3). 2008—Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1), substituted ‘‘A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer’’ for ‘‘A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him’’, and added par. (2). 2006—Subsec. (a). Pub. L. 109–364 substituted ‘‘A reg- ular warrant officer’’ for ‘‘(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief war- rant officer, W–5)’’, inserted ‘‘as a warrant officer’’ after ‘‘years of active service’’ and ‘‘the date on which’’ after ‘‘60 days after’’, and struck out par. (2) which read as follows: ‘‘(2)(A) A regular Army warrant officer in the grade of chief warrant officer, W–5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Com- pensation Act of 1949, as amended (70 Stat. 114), shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5. ‘‘(B) A regular Army warrant officer in a warrant of- ficer grade below the grade of chief warrant officer, W–5, who completes 24 years of active service as a war- rant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a war- rant officer, except as provided by section 8301 of title 5.’’ 1991—Subsec. (a). Pub. L. 102–190 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5)’’ for ‘‘A permanent regular war- rant officer’’, and added par. (2). 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘8301’’ for ‘‘47a’’. 1962—Subsec. (a). Pub. L. 87–649 substituted ‘‘section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)’’ for ‘‘section 311 of title 37.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note pre- ceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. § 1315. Computation of retired pay: law applica- ble A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 101.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1315 ......... [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. CHAPTER 67—RETIRED PAY FOR NON- REGULAR SERVICE Sec. 1331. Reference to chapter 1223. PRIOR PROVISIONS A prior chapter 67 was transferred to part II of sub- title E of this title and renumbered chapter 1223. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106, div. A, title XV, § 1503(a)(13), Feb. 10, 1996, 110 Stat. 511, substituted ‘‘NON-REG- ULAR’’ for ‘‘NONREGULAR’’ in chapter heading. § 1331. Reference to chapter 1223 Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731). (Added Pub. L. 103–337, div. A, title XVI, § 1662(j)(7), Oct. 5, 1994, 108 Stat. 3005.) Editorial Notes PRIOR PROVISIONS Prior sections 1331 to 1338 were renumbered sections 12731 to 12738 of this title, respectively. CHAPTER 69—RETIRED GRADE Sec. 1370. Regular commissioned officers.