10 U.S.C. § 8331 — Members of the Fleet Reserve and Fleet

Page 3235 TITLE 10—ARMED FORCES § 8331 section 6333 for provision that retainer pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 21⁄2 percent of the basic pay that he received at the time of transfer or, in the case of a member who served as master chief petty officer of the Navy or sergeant major of the Marine Corps, of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer, or in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at the rate of 21⁄2 percent of the monthly re- tainer pay base computed under section 1407(d), which rates were to be multiplied by the number of years of active service in the armed forces. Subsec. (c)(4). Pub. L. 99–348, § 203(b)(6)(B), struck out par. (4) which provided that in no case could a mem- ber’s retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which computa- tion of retainer pay was based. Subsec. (d). Pub. L. 99–348, § 305(a)(1), designated ex- isting provisions as par. (1), struck out provision that a completed minority enlistment be counted as four years of active service and an enlistment terminated within three months before the end of the term be counted as active service for the full term, and added pars. (2) and (3). 1983—Subsec. (d). Pub. L. 98–94 substituted ‘‘For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded’’ for ‘‘For the purposes of subsections (b) and (c), a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded’’. 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Sep- tember 8, 1980’’ for ‘‘the date of the enactment of the Department of Defense Authorization Act, 1981’’ wher- ever appearing, and ‘‘master chief petty officer’’ for ‘‘senior enlisted advisor’’. Pub. L. 96–342 amended subsec. (c) generally, desig- nating existing provisions as pars. (1) to (4) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision lim- iting applicability to persons who became members of the uniformed services before the date of the enact- ment of the Department of Defense Authorization Act, 1981, and added subpar. (B), in par. (2) inserted reference to section 1402a of this title, and in par. (4) added appli- cability to monthly retainer pay base. 1967—Subsec. (c). Pub. L. 90–207 inserted ‘‘, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer’’ after ‘‘armed forces’’. 1958—Subsec. (a). Pub. L. 85–583, § 1(2), substituted ‘‘naval service’’ for ‘‘Regular Navy and the Regular Ma- rine Corps, respectively,’’. Subsec. (b). Pub. L. 85–583, § 1(3), inserted ‘‘or the Naval Reserve’’ after ‘‘Regular Navy’’ and ‘‘or the Ma- rine Corps Reserve’’ after ‘‘Regular Marine Corps’’. 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 1983 AMENDMENT Amendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any in- dividual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 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. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uni- formed Services. TEMPORARY EARLY RETIREMENT AUTHORITY For provisions authorizing the Secretary of the Navy, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an enlisted member of the Navy or Marine Corps with at least 15 but less than 20 years of service by substituting ‘‘15 or more years’’ for ‘‘20 or more years’’ in the first sentence of subsection (a) [probably should be (b)] of this section and in the second sentence of subsec. (b) of this section, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title. TRANSFER OF FORMER MEMBERS OF NAVY OR MARINE CORPS TO FLEET RESERVE OR FLEET MARINE CORPS RESERVE; TRANSFER TO RETIRED LIST Act July 24, 1956, ch. 683, 70 Stat. 626, provided: ‘‘Upon application by any former member of the Navy or Ma- rine Corps— ‘‘(1) who was discharged prior to August 10, 1946, under honorable conditions, and ‘‘(2) who, at the time of his discharge, had at least twenty years’ active Federal service, the Secretary of the Navy shall appoint such former member in the Fleet Reserve or Fleet Marine Corps Re- serve, as may be appropriate, in the rank held by him at the time of such discharge. ‘‘SEC. 2. Each person appointed to the Fleet Reserve or Fleet Marine Corps Reserve under the first section of this Act shall be transferred to the appropriate retired list (1) on the first day of the first calendar month be- ginning after such appointment, if his last discharge occurred ten or more years prior to the date of such ap- pointment, and (2) in the case of individuals appointed under such section before the expiration of ten years from their last discharge, on the first day of the first calendar month, beginning after the expiration of ten years from the date of such discharge. ‘‘SEC. 3. Each former member transferred to a retired list under clauses (1) and (2) of section 2 shall receive retired pay at the annual rate of 21⁄2 per centum of the annual base and longevity pay he was receiving at the time of his last discharge, multiplied by the number of his years of active Federal service at such time (not to exceed thirty), and adjusted to reflect the percentage increases made since such discharge in the retired pay of persons retired from the Armed Forces prior to Octo- ber 12, 1949. ‘‘SEC. 4. For the purposes of this Act, all active serv- ice in the Army of the United States, the Navy, the Ma- rine Corps, the Coast Guard, or any component thereof, shall be deemed to be active Federal service. ‘‘SEC. 5. No pay shall accrue to the benefit of any per- son appointed under the provisions of this Act prior to the date such person is actually appointed under the provisions of this Act and in no event prior to the first day of the first month following enactment of this Act [July 24, 1956].’’ § 8331. Members of the Fleet Reserve and Fleet Marine Corps Reserve: transfer to the retired list; retired pay (a) When he has completed 30 years of service, or when he is found not physically qualified in Page 3236 TITLE 10—ARMED FORCES § 8332 an examination under section 8385 of this title, a member of the Fleet Reserve or the Fleet Ma- rine Corps Reserve shall be transferred— (1) to the retired list of the Regular Navy or the Regular Marine Corps, as appropriate, if he was a member of the Regular Navy or the Regular Marine Corps at the time of his trans- fer to the Fleet Reserve or the Fleet Marine Corps Reserve; or (2) to the appropriate Retired Reserve, if he was a member of the Navy Reserve or the Ma- rine Corps Reserve at the time of his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve. (b) For the purpose of subsection (a), a mem- ber’s years of service are computed by adding— (1) the years of service credited to him upon his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve; (2) his years of active and inactive service in the armed forces before his transfer to the Fleet Reserve or the Fleet Marine Corps Re- serve not credited to him upon that transfer; and (3) his years of service, active and inactive, in the Fleet Reserve or the Fleet Marine Corps Reserve. (c) Unless otherwise entitled to higher pay, each member transferred to the retired list or the Retired Reserve under this section is enti- tled to retired pay at the same rate as the re- tainer pay to which he was entitled at the time of his transfer to the retired list or the Retired Reserve. (Aug. 10, 1956, ch. 1041, 70A Stat. 397, § 6331; Pub. L. 85–583, § 1(4–6), Aug. 1, 1958, 72 Stat. 480; Pub. L. 109–163, div. A, title V, § 515(b)(1)(K), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8331 and amend- ed Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6331 ......... 34 U.S.C. 854c (4th pro- viso). June 25, 1938, ch. 690, § 204 (4th proviso), 52 Stat. 1179; Aug. 10, 1946, ch. 952, § 2, 60 Stat. 993. 34 U.S.C. 854e (2d and 4th provisos). June 25, 1938, ch. 690, § 206 (2d and 4th provisos), 52 Stat. 1179; Apr. 25, 1940, ch. 153, 54 Stat. 162. 34 U.S.C. 854 (note). July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. In subsection (a) the words ‘‘transferred * * * in ac- cordance with the provisions of this section and of sec- tions 853 and 854b of this title’’, in the fourth proviso of 34 U.S.C. 854c, and the words ‘‘transferred after sixteen years’ or more service in the Regular Navy’’, and ‘‘men coming under the cognizance of sections 853 and 854b of this title’’, in the second proviso of 34 U.S.C. 854e, are omitted as surplusage since the classes designated by these phrases comprise all members of the Fleet Re- serve and Fleet Marine Corps Reserve. Subsection (b) is worded so as to cover all members of the Fleet Reserve and the Fleet Marine Corps Re- serve regardless of the law under which they attained that status. A member transferring under 34 U.S.C. 854b may count only active naval service in computing the service required for that transfer, but in determining his eligibility for retirement he may add to his active naval service all previous active or inactive service in the Army, Navy, Marine Corps, Air Force, or Coast Guard, and his time in the Fleet Reserve. A member transferring to the Fleet Reserve under 34 U.S.C. 854c may count active service in any armed force toward that transfer, and he determines his eligibility for re- tirement by adding to the service credited to him at the time of transfer any previous inactive service in the armed forces and his time in the Fleet Reserve. As to the latter member the words ‘‘active service’’ in clause (2) are superfluous, since such service would have been credited to him upon his transfer to the Fleet Reserve, but they are needed in the case of a member transferred under 34 U.S.C. 854b. In subsection (c) references to the ‘‘allowances to which enlisted men of the Navy are entitled on retire- ment after thirty years’ service’’, in the second and fourth provisos of 34 U.S.C. 854e, are omitted because of the repeal, by § 19 of the Pay Readjustment Act of 1942, 56 Stat. 369, of the laws authorizing such allowances. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(15), renumbered section 6331 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8385’’ for ‘‘section 6485’’ in introductory provisions. 2006—Subsec. (a)(2). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1958—Subsec. (a). Pub. L. 85–583, § 1(4), provided for the transfer to the appropriate Retired Reserve of those members of the Fleet Reserve or the Fleet Marine Corps Reserve who had transferred thereto from the Naval Reserve or the Marine Corps Reserve. Subsec. (b). Pub. L. 85–583, § 1(5), struck out ‘‘of clause (2)’’. Subsec. (c). Pub. L. 85–583, § 1(6), inserted ‘‘or the Re- tired Reserve’’ after ‘‘retired list’’ wherever appearing. 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. § 8332. Conclusiveness of transfers When a member of the naval service is trans- ferred by the Secretary of the Navy— (1) to the Fleet Reserve; (2) to the Fleet Marine Corps Reserve; (3) from the Fleet Reserve to the retired list of the Regular Navy or the Retired Reserve; or (4) from the Fleet Marine Corps Reserve to the retired list of the Regular Marine Corps or the Retired Reserve; the transfer is conclusive for all purposes. Each member so transferred is entitled, when not on active duty, to retainer pay or retired pay from the date of transfer in accordance with his grade and number of years of creditable service as de- termined by the Secretary. The Secretary may correct any error or omission in his determina- tion as to a member’s grade and years of cred- itable service. When such a correction is made, the member is entitled, when not on active duty, to retainer pay or retired pay in accord- ance with his grade and number of years of cred- itable service, as corrected, from the date of transfer. (Aug. 10, 1956, ch. 1041, 70A Stat. 397, § 6332; Pub. L. 85–583, § 1(7), Aug. 1, 1958, 72 Stat. 480; Pub. L.