10 U.S.C. § 1263 — Age 62: warrant officers

Page 1277 TITLE 10—ARMED FORCES § 1263 DEFERRAL OF RETIREMENT DATE FOR CHAIRMAN OF THE JOINT CHIEFS OF STAFF Pub. L. 100–456, div. A, title VII, § 704, Sept. 29, 1988, 102 Stat. 1996, provided that the President could defer until Oct. 1, 1989, the retirement of the officer serving as Chairman of the Joint Chiefs of Staff for the term which began on October 1, 1987, notwithstanding the limitation contained in former section 1251(b) of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provision that this section not apply to any offi- cer who on the effective date of this Act [Sept. 15, 1981] was on active duty in a grade above general, see section 632 of Pub. L. 96–513, set out as a note under section 611 of this title. § 1252. Age 64: permanent professors at acad- emies (a) MANDATORY RETIREMENT FOR AGE.—Unless retired or separated earlier, each regular com- missioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force covered by sub- section (b) shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (b) COVERED OFFICERS.—This section applies to the following officers: (1) An officer who is a permanent professor or the director of admissions of the United States Military Academy. (2) An officer who is a permanent professor at the United States Naval Academy. (3) An officer who is a permanent professor or the registrar of the United States Air Force Academy. (Added Pub. L. 109–163, div. A, title V, § 509(c)(1), Jan. 6, 2006, 119 Stat. 3230; amended Pub. L. 116–283, div. A, title IX, § 924(b)(3)(U), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. § 1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions (a) GENERAL RULE.—Unless retired or sepa- rated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force serving in a general or flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSITIONS.—In the case of an officer serving in a position that carries a grade above major general or rear admiral, the retirement under subsection (a) of that officer may be de- ferred— (1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the offi- cer becomes 68 years of age; or (2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. (c) DEFERRED RETIREMENT OF CHAPLAINS.—(1) The Secretary of the military department con- cerned may defer the retirement under sub- section (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force. (2) A deferment of the retirement of an officer referred to in paragraph (1) may not extend be- yond the first day of the month following the month in which the officer becomes 68 years of age. (Added Pub. L. 109–364, div. A, title V, § 502(a), Oct. 17, 2006, 120 Stat. 2176; amended Pub. L. 114–92, div. A, title V, § 504(a), (b)(1), Nov. 25, 2015, 129 Stat. 807; Pub. L. 116–92, div. A, title V, § 508, Dec. 20, 2019, 133 Stat. 1346; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(V), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2019—Subsec. (c)(3). Pub. L. 116–92 struck out par. (3) which read as follows: ‘‘The authority to defer the re- tirement of an officer referred to in paragraph (1) ex- pires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.’’ 2015—Pub. L. 114–92, § 504(b)(1), substituted ‘‘Age 64: regular commissioned officers in general and flag offi- cer grades; exceptions’’ for ‘‘Age 64: regular commis- sioned officers in general and flag officer grades; excep- tion’’ in section catchline. Subsec. (c). Pub. L. 114–92, § 504(a), added subsec. (c). [§ 1255. Repealed. Pub. L. 90–130, § 1(6), Nov. 8, 1967, 81 Stat. 374] Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 100; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, covered the re- tirement of female permanent regular warrant officers with 20 years of active service upon attaining age 55. § 1263. Age 62: warrant officers (a) Unless retired under section 1305 of this title, a permanent regular warrant officer who has at least 20 years of active service that could be credited to him under section 511 of the Ca- reer Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 580 note), and who is at least 62 years of age, shall be retired 60 days after he becomes that age, except as provided by section 8301 of title 5. (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 he would otherwise be required to re- tire under this section. (Aug. 10, 1956 ch. 1041, 70A Stat. 101; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(6), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, § 511(46), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 102–484, div. A, title X, § 1052(17), Oct. 23, 1992, 106 Stat. 2500.) Page 1278 TITLE 10—ARMED FORCES § 1275 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1263(a) ..... 10:600(d) (as applicable to 10:600l(b) (less (1)–(3))). 10:600l(b) (less (1)–(3)). 10:600r(c) (as applicable to 10:600l(b) (less (1)–(3))). 34:135(d) (as applicable to 34:430(b) (less (1)–(3))). 34:430(b) (less (1)–(3)). May 29, 1954, ch. 249, §§ 2(d) (as applicable to § 14(b) (less (1)–(3))), 14(b) (less (1)–(3)), 14(e) (as applicable to (b) (less (1)–(3))), 21(c) (as applicable to 14(b) (less (1)–(3))), 68 Stat. 157, 162, 163, 168. 34:430c (as applicable to 34:430(b) (less (1)–(3))). 1263(b) ..... 10:600l(e) (as applicable to 10:600l(b) (less (1)–(3))). 34:430(e) (as applicable to 34:430(b) (less (1)–(3))). In subsection (a), the words ‘‘has at least’’ are sub- stituted for the words ‘‘has attained’’. The words ‘‘has at least’’ are substituted for the words ‘‘having com- pleted not less than’’. The words ‘‘on that date which’’ are omitted as surplusage. 10:600l(b) (15 words before (1)) and 34:430(b) (15 words before (1)) are omitted as covered by section 1275 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. Editorial Notes REFERENCES IN TEXT Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a), 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 1992—Subsec. (a). Pub. L. 102–484 substituted ‘‘580 note’’ for ‘‘564 note’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘511 of the Career Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 564 note)’’ for ‘‘311 of title 37’’. 1967—Subsec. (a). Pub. L. 90–130 struck out reference to section 1255 of this title. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘8301’’ for ‘‘47a’’. Statutory Notes and Related Subsidiaries 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. § 1275. 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) 1275 ......... [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 65—RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE Sec. 1293. Twenty years or more: warrant officers. 1305. Thirty years or more: regular warrant offi- cers. 1315. Computation of retired pay: law applicable. Editorial Notes AMENDMENTS 1980—Pub. L. 96–513, title V, § 501(19), Dec. 12, 1980, 94 Stat. 2908, substituted ‘‘RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE’’ for ‘‘RETIRE- MENT FOR LENGTH OF SERVICE’’ as chapter head- ing. § 1293. Twenty years or more: warrant officers The Secretary concerned may, upon the war- rant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114). (Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1293 ......... 10:600(d) (as applicable to 10:600l(a)). 10:600l(a). 34:135(d) (as applicable to 34:430(a)). 34:430(a). May 29, 1954, ch. 249, §§ 2(d) (as applicable to § 14(a)), 14(a), 68 Stat. 157, 162. The words, ‘‘The Secretary concerned may * * * re- tire’’ are substituted for the words ‘‘may * * * and in the discretion of the Secretary, be retired’’. 10:600l(a) (last 14 words) and 34:430(a) (last 14 words) are omitted as covered by section 1315 of this title. Editorial Notes REFERENCES IN TEXT Section 511 of the Career Compensation Act of 1949, referred to in text, 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 1962—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 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. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY Pub. L. 112–213, title II, § 219, Dec. 20, 2012, 126 Stat. 1558, as amended by Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8213, Jan. 1, 2021, 134 Stat. 4650, provided that: ‘‘For fiscal years 2019 through 2025— ‘‘(1) notwithstanding subsection (c)(1) of section 4403 of the National Defense Authorization Act for