10 U.S.C. § 12646 — Commissioned officers: retention of after

Page 3694 TITLE 10—ARMED FORCES § 12646 1 See References in Text note below. XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by sections 1627 and 1675(d)(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service (a) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be cred- ited with at least 18, but less than 19, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, with- out his consent before the earlier of the fol- lowing dates— (1) the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or (2) the third anniversary of the date on which he would otherwise be discharged or transferred from an active status. (b) If on the date prescribed for the discharge or transfer from an active status of a reserve commissioned officer he is entitled to be cred- ited with at least 19, but less than 20, years of service computed under section 12732 of this title, he may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title or chapter 21 1 of title 14, with- out his consent before the earlier of the fol- lowing dates— (1) the date on which he is entitled to be credited with 20 years of service computed under section 12732 of this title; or (2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status. (c) An officer who is retained in an active sta- tus under subsection (a) or (b) is an additional number to those otherwise authorized. (d) Subsections (a) and (b) do not apply to— (1) officers who are discharged or transferred from an active status for physical disability, for cause, or because they have reached the age at which transfer from an active status or discharge is required by law; or (2) commissioned warrant officers. (e)(1) A reserve commissioned officer on active duty (other than for training) or full-time Na- tional Guard duty (other than full-time Na- tional Guard duty for training only) who, on the date on which the officer would otherwise be re- moved from an active status under section 8373, 14513, or 14514 of this title or section 740 1 of title 14, is within two years of qualifying for retire- ment under section 7311, 8323, or 9311 of this title may, in the discretion of the Secretary con- cerned and subject to paragraph (2), be retained on that duty for a period of not more than two years. (2) An officer may be retained on active duty or full-time National Guard duty under para- graph (1) only if— (A) at the end of the period for which the of- ficer is retained the officer will be qualified for retirement under section 7311, 8323, or 9311 of this title; and (B) the officer will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. (3) An officer who is retained on active duty or full-time National Guard duty under this sec- tion may not be removed from an active status while on that duty. (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1444, § 1006; amended Pub. L. 86–559, § 1(3)(A), June 30, 1960, 74 Stat. 264; Pub. L. 87–651, title I, § 105, Sept. 7, 1962, 76 Stat. 508; Pub. L. 90–130, § 1(4), Nov. 8, 1967, 81 Stat. 374; Pub. L. 93–586, § 3, Jan. 2, 1975, 88 Stat. 1920; Pub. L. 96–322, § 2, Aug. 4, 1980, 94 Stat. 1015; Pub. L. 96–513, title V, § 511(30), Dec. 12, 1980, 94 Stat. 2922; renumbered § 12646 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(3), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) HISTORICAL AND REVISION NOTES 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1006(a) ..... 1006(b) ..... 1006(c) ..... 1006(d) ..... 50:1195(a) (less last 30 words). 50:1195(b) (less last 30 words). 50:1227(c). 50:1333(c). 50:1181(1) (as applicable to 50:1195). Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 205), 205, 307(c), 503(c), 68 Stat. 1149, 1151, 1155, 1173; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218. 50:1195(a) (last 30 words). 50:1195(b) (last 30 words). 1006(e) ..... 50:1195(c). In subsections (a) and (b), the words ‘‘Notwith- standing any other provisions of this chapter, except as provided in sections 1265 and 1279 of this title’’ and ‘‘has been credited with, or’’ are omitted as surplusage. The words ‘‘entitled to be’’ in clause (1) are inserted for clarity. In subsection (e), the words ‘‘at the end of that pe- riod’’ are substituted for the word ‘‘then’’ for clarity. The words ‘‘before the end of that period’’ are sub- stituted for the word ‘‘earlier’’ for clarity. 1962 ACT The change reflects the repeal of section 611 of the Reserve Officer Personnel Act of 1954, ch. 1257 (68 Stat. 1186), formerly section 1391 of title 50, and its restate- ment in section 787 of title 14 (see sections 5(2) and 36A of the Act of September 2, 1958, Pub. L. 85–861 (72 Stat. 1547 and 1569)). Editorial Notes REFERENCES IN TEXT Chapter 21 of title 14, referred to in subsecs. (a) and (b), was comprised of sections 701 to 713 and 720 to 746 prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter ‘‘1’’ in chapter anal- ysis) of title 14. Section 740 of title 14, referred to in subsec. (e)(1), was redesignated section 3751 of title 14 by Pub. L. 115–282, Page 3695 TITLE 10—ARMED FORCES § 12647 title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2018—Subsecs. (a), (b). Pub. L. 115–232 substituted ‘‘under chapter 843,’’ for ‘‘under chapter 573,’’ in intro- ductory provisions. Subsec. (e)(1). Pub. L. 115–232 substituted ‘‘under sec- tion 8373,’’ for ‘‘under section 6389,’’ and ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911, 6323, or 8911’’. Subsec. (e)(2)(A). Pub. L. 115–232 substituted ‘‘section 7311, 8323, or 9311’’ for ‘‘section 3911, 6323, or 8911’’. 1994—Pub. L. 103–337, § 1662(h)(2), renumbered section 1006 of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 1675(d)(3)(B), sub- stituted ‘‘573, 1407, or 1409’’ for ‘‘337, 361, 363, 573, 837, 861, or 863’’. Pub. L. 103–337, § 1675(d)(3)(A), substituted ‘‘12732’’ for ‘‘1332’’ wherever appearing. Subsec. (e). Pub. L. 103–337, § 1675(d)(3)(C), added sub- sec. (e) and struck out former subsec. (e) which read as follows: ‘‘A reserve commissioned officer on active duty (other than for training) who, on the date on which he would otherwise be removed from an active status under section 3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 740 of title 14, and who is within two years of qualifying for retire- ment under section 3911, 6323, or 8911 of this title, may, in the discretion of the Secretary concerned, be re- tained on active duty for a period of not more than two years, if at the end of that period he will be qualified for retirement under one of those sections and will not, before the end of that period, reach the age at which transfer from an active status or discharge is required by this title or title 14. An officer who is retained on active duty under this section may not be removed from an active status while he is on that duty. For offi- cers covered by section 3846, 3848, 3851, or 3852 of this title, the ages at which transfer from an active status or discharge is required are those set forth in section 3843, 3844, or 3845 of this title, or section 21(e) of Public Law 85–861, as the case may be.’’ 1980—Subsec. (e). Pub. L. 96–513 substituted ‘‘Public Law 85–861’’ for ‘‘the Act enacting this section’’. Pub. L. 96–322 substituted ‘‘section 740 of title 14’’ for ‘‘section 787 of title 14’’. 1975—Subsecs. (a), (b). Pub. L. 93–586, § 3(1), inserted reference to chapter 21 of title 14. Subsec. (c). Pub. L. 93–586, § 3(2), substituted ‘‘An offi- cer who is retained’’ for ‘‘An officer of the Army or the Air Force who is retained’’. Subsec. (e). Pub. L. 93–586, § 3(3), substituted ‘‘dis- charge is required by this title or title 14’’ for ‘‘dis- charge is required by this title’’. 1967—Subsec. (e). Pub. L. 90–130 struck out references to sections 3847 and 8847 of this title. 1962—Subsec. (e). Pub. L. 87—651 substituted ‘‘section 787 of title 14’’ for ‘‘section 1391 of title 50’’. 1960—Subsec. (e). Pub. L. 86–559 struck out references to sections 3849 and 8849 of this title. Statutory Notes and Related Subsidiaries REFERENCES TO SECTIONS OF TITLE 14 AS REDESIGNATED BY PUB. L. 115–282 Section 740 of title 14 redesignated section 3751 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to section 740 of title 14 deemed to refer to such redesignated section, see sec- tion 123(b)(1) of Pub. L. 115–282, set out as a note pre- ceding section 101 of Title 14, Coast Guard. 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 1994 AMENDMENT Amendment by sections 1662(h)(2) and 1675(d)(3)(A) of Pub. L. 103–337 effective Dec. 1, 1994, except as other- wise provided, and amendment by section 1675(d)(3)(B), (C) of Pub. L. 103–337 effective Oct. 1, 1996, 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 Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 12647. Commissioned officers: retention in ac- tive status while assigned to Selective Serv- ice System or serving as United States prop- erty and fiscal officers Notwithstanding chapters 843, 1407, and 1409 of this title, a reserve commissioned officer, other than a commissioned warrant officer, who is as- signed to the Selective Service System or who is a property and fiscal officer appointed, des- ignated, or detailed under section 708 of title 32, may be retained in an active status in that as- signment or position until he becomes 62 years of age. (Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1445, § 1007; amended Pub. L. 86–559, § 1(3)(B), June 30, 1960, 74 Stat. 265; renumbered § 12647 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(4), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 110–417, [div. A], title V, § 514(a), Oct. 14, 2008, 122 Stat. 4441; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1007 ......... 50:1181(1) (as applicable to 50:1202). 50:1202. Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 212), 212, 68 Stat. 1149, 1153. The words ‘‘this title’’ are substituted for the words ‘‘this chapter’’, since the provisions of this title requir- ing transfer from an active status are based on the source statute for this section (the Reserve Officer Per- sonnel Act of 1954). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘chapters 843, 1407, and 1409’’ for ‘‘chapters 573, 1407, and 1409’’. 2008—Pub. L. 110–417 substituted ‘‘62 years’’ for ‘‘60 years’’. 1994—Pub. L. 103–337, § 1675(d)(4), substituted ‘‘573, 1407, and 1409’’ for ‘‘337, 363, 573, 837, and 863’’. Pub. L. 103–337, § 1662(h)(2), renumbered section 1007 of this title as this section. 1960—Pub. L. 86–559 inserted ‘‘or serving as United States property and fiscal officers’’ in section catch- line, and inserted provisions in text authorizing reten- tion of reserve commissioned officers who are property and fiscal officers, appointed, designated, or detailed under section 708 of title 32. 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