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10 USC CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR

LENGTH OF SERVICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE

.

-HEAD-

CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE

-MISC1-

Sec.

1293. Twenty years or more: warrant officers.

1305. Thirty years or more: regular warrant officers.

1315. Computation of retired pay: law applicable.

AMENDMENTS

1980 - Pub. L. 96-513, title V, Sec. 501(19), Dec. 12, 1980, 94

Stat. 2908, substituted ''RETIREMENT OF WARRANT OFFICERS FOR LENGTH

OF SERVICE'' for ''RETIREMENT FOR LENGTH OF SERVICE'' as chapter

heading.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 12741 of this title.

-CITE-

10 USC Sec. 1293 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE

-HEAD-

Sec. 1293. Twenty years or more: warrant officers

-STATUTE-

The Secretary concerned may, upon the warrant 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).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87-649, Sec.

6(f)(3), Sept. 7, 1962, 76 Stat. 494.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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1293 10:600(d) (as May 29, 1954, ch.

applicable to 249, Sec. 2(d) (as

10:600l(a)). applicable to Sec.

10:600l(a). 14(a)), 14(a), 68

34:135(d) (as Stat. 157, 162.

applicable to

34:430(a)).

34:430(a).

-------------------------------

The words, ''The Secretary concerned may * * * retire'' 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.

-REFTEXT-

REFERENCES IN TEXT

Section 511 of the Career Compensation Act of 1949, referred to

in text, is set out as a note under section 580 of this title.

-MISC2-

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.''

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 preceding section 101 of

Title 37, Pay and Allowances of the Uniformed Services.

TEMPORARY EARLY RETIREMENT AUTHORITY

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8053), Sept. 30, 1996, 110 Stat. 3009-71, 3009-99, provided that:

''During the current fiscal year and hereafter, appropriations

available for the pay and allowances of active duty members of the

Armed Forces shall be available to pay the retired pay which is

payable pursuant to section 4403 of Public Law 102-484 (10 U.S.C.

1293 note) under the terms and conditions provided in section

4403.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 104-61, title VIII, Sec. 8066, Dec. 1, 1995, 109 Stat.

664.

Pub. L. 103-335, title VIII, Sec. 8077, Sept. 30, 1994, 108 Stat.

2636.

Pub. L. 103-139, title VIII, Sec. 8095, Nov. 11, 1993, 107 Stat.

1461.

Pub. L. 104-106, div. A, title V, Sec. 566(c), Feb. 10, 1996,

110 Stat. 328, as amended by Pub. L. 107-372, title II, Sec.

272(b), Dec. 19, 2002, 116 Stat. 3094, provided that: ''Section

4403 (other than subsection (f)) of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106

Stat. 2702; 10 U.S.C. 1293 note) shall apply to the commissioned

officer corps of the National Oceanic and Atmospheric

Administration in the same manner and to the same extent as that

section applies to the Department of Defense. The Secretary of

Commerce shall implement the provisions of that section with

respect to such commissioned officer corps and shall apply the

provisions of that section to the provisions of the National

Oceanic and Atmospheric Administration Commissioned Officer Corps

Act of 2002 (33 U.S.C. 3001 et seq.) relating to the retirement of

members of such commissioned officer corps.''

(Pub. L. 104-106, div. A, title V, Sec. 566(d), Feb. 10, 1996,

110 Stat. 328, provided that: ''This section (amending former

section 857a of Title 33, Navigation and Navigable Waters, and

enacting provisions set out as a note above) shall apply only to

members of the commissioned officer corps of the National Oceanic

and Atmospheric Administration who are separated after September

30, 1995.'')

Pub. L. 103-337, div. A, title V, Sec. 542(d), Oct. 5, 1994, 108

Stat. 2769, as amended by Pub. L. 107-296, title XVII, Sec.

1704(e)(5), Nov. 25, 2002, 116 Stat. 2315, provided that: ''Section

4403 of the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall

apply to the Coast Guard in the same manner and to the same extent

as that provision applies to the Department of Defense. The

Secretary of Homeland Security shall implement the provisions of

that section with respect to the Coast Guard and apply the

applicable provisions of title 14, United States Code, relating to

retirement of Coast Guard personnel.''

Pub. L. 102-484, div. D, title XLIV, Sec. 4403, Oct. 23, 1992,

106 Stat. 2702, as amended by Pub. L. 103-160, div. A, title V,

Sec. 561(a), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 104-106, div.

A, title XV, Sec. 1504(c)(3), Feb. 10, 1996, 110 Stat. 514; Pub. L.

105-261, div. A, title V, Sec. 561(a), Oct. 17, 1998, 112 Stat.

2025; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 107-314, div. A,

title V, Sec. 554, Dec. 2, 2002, 116 Stat. 2553, provided that:

''(a) Purpose. - The purpose of this section is to provide the

Secretary of Defense a temporary additional force management tool

with which to effect the drawdown of military forces during the

active force drawdown period.

''(b) Retirement for 15 to 20 Years of Service. - (1) During the

active force drawdown period, the Secretary of the Army may -

''(A) apply the provisions of section 3911 of title 10, United

States Code, to a regular or reserve commissioned officer with at

least 15 but less than 20 years of service by substituting 'at

least 15 years' for 'at least 20 years' in subsection (a) of that

section;

''(B) apply the provisions of section 3914 of such title to an

enlisted member with at least 15 but less than 20 years of

service by substituting 'at least 15' for 'at least 20'; and

''(C) apply the provisions of section 1293 of such title to a

warrant officer with at least 15 but less than 20 years of

service by substituting 'at least 15 years' for 'at least 20

years'.

''(2) During the active force drawdown period, the Secretary of

the Navy may -

''(A) apply the provisions of section 6323 of title 10, United

States Code, to an officer with at least 15 but less than 20

years of service by substituting 'at least 15 years' for 'at

least 20 years' in subsection (a) of that section;

''(B) apply the provisions of section 6330 of such title 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)((b)), in the case of an enlisted member of the Navy, and in

the second sentence of subsection (b), in the case of an enlisted

member of the Marine Corps; and

''(C) apply the provisions of section 1293 of such title to a

warrant officer with at least 15 but less than 20 years of

service by substituting 'at least 15 years' for 'at least 20

years'.

''(3) During the active force drawdown period, the Secretary of

the Air Force may -

''(A) apply the provisions of section 8911 of title 10, United

States Code, to a regular or reserve commissioned officer with at

least 15 but less than 20 years of service by substituting 'at

least 15 years' for 'at least 20 years' in subsection (a) of that

section; and

''(B) apply the provisions of section 8914 of such title to an

enlisted member with at least 15 but less than 20 years of

service by substituting 'at least 15' for 'at least 20'.

''(c) Additional Eligibility Requirement. - In order to be

eligible for retirement by reason of the authority provided in

subsection (b), a member of the Armed Forces shall -

''(1) register on the registry maintained under section

1143a(b) of title 10, United States Code (as added by section

4462(a)); and

''(2) receive information regarding public and community

service job opportunities from the Secretary of Defense or

another source approved by the Secretary and be afforded, on

request, counseling on such job opportunities.

''(d) Regulations. - The Secretary of each military department

may prescribe regulations and policies regarding the criteria for

eligibility for early retirement by reason of eligibility pursuant

to this section and for the approval of applications for such

retirement. Such criteria may include factors such as grade, years

of service, and skill.

''(e) Computation of Retired Pay. - Retired or retainer 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 availability of

appropriations for this purpose, the Secretary of each military

department shall provide in accordance 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 Secretary shall credit to a subaccount (which

the Secretary shall establish) within the appropriation account for

that fiscal year for pay and allowances of active duty members of

the Armed Forces under the jurisdiction of that Secretary such

amount as is necessary to pay the retired pay payable to such

member for the entire initial period (determined under paragraph

(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 paragraph 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 computed under the provision of law used for determining the

member's years of service for eligibility to retirement) 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 including

retainer pay.

''(g) Coordination With Other Separation Provisions. - (1) A

member of the Armed Forces retired under the authority of this

section is not entitled to benefits under section 1174, 1174a, or

1175 of title 10, United States Code.

''(2) (Amended section 638a(b)(4)(C) of this title.)

''(h) Members Receiving SSB or VSI. - The Secretary of a military

department may retire (or transfer to the Fleet Reserve or Fleet

Marine Corps Reserve) pursuant to the authority provided by this

section a member of a reserve component who before the date of the

enactment of this Act (Oct. 23, 1992) was separated from active

duty pursuant to an agreement entered into under section 1174a or

1175 of title 10, United States Code. 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 under section 1174a or 1175

of title 10, United States Code.

''(i) Active Force Drawdown Period. - For purposes of this

section, the active force drawdown period is the period beginning

on the date of the enactment of this Act and ending on September 1,

2002.''

(Pub. L. 107-314, div. A, title V, Sec. 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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 580, 688, 1401, 1406 of

this title; title 14 section 334.

-CITE-

10 USC Sec. 1305 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE

-HEAD-

Sec. 1305. Thirty years or more: regular warrant officers

-STATUTE-

(a)(1) 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) who has at least 30 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) shall be

retired 60 days after he completes that service, except as provided

by section 8301 of title 5.

(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 Compensation 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 officer grade

below the grade of chief warrant officer, W-5, who completes 24

years of active service as a warrant 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

warrant officer, 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 entitlement to

retirement or separation for physical disability require

hospitalization or medical observation that cannot be completed

before the date when he would otherwise be required to retire under

this section.

(c) Under such regulations as he may prescribe, the Secretary

concerned may defer the retirement under subsection (a) of any

warrant officer upon the recommendation of a board of officers and

with the consent of the warrant officer, but not later than 60 days

after he becomes 62 years of age.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87-649, Sec.

6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89-718, Sec. 3, Nov.

2, 1966, 80 Stat. 1115; Pub. L. 102-190, div. A, title XI, Sec.

1116, Dec. 5, 1991, 105 Stat. 1503.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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1305(a) 10:600(d) (as May 29, 1954, ch.

applicable to 249, Sec. 2(d) (as

10:600l(b)(2)). applicable to Sec.

10:600l(b)(2) (last 14(b)(2)),

sentence). 14(b)(2), (e) (as

10:600r(c) (as applicable to

applicable to (b)(2)), 21(c) (as

10:600l(b)(2)). applicable to Sec.

34:135(d) (as 14(b)(2)), 68 Stat.

applicable to 157, 163, 168.

34:430(b)(2)).

34:430(b)(2) (last

sentence).

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 sentence).

34:430(b)(2) (less

last sentence).

-------------------------------

In subsection (a), the words ''has at least'' are substituted 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 section 1315 of this title.

In subsection (b), the words ''The Secretary concerned 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 otherwise 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 continued on active service''. The words

''but not later than'' are substituted for the words ''but not

beyond that date which is''.

-REFTEXT-

REFERENCES IN TEXT

Section 511 of the Career Compensation Act of 1949, referred to

in subsec. (a), is set out as a note under section 580 of this

title.

-MISC2-

AMENDMENTS

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 warrant 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.''

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 preceding section 101 of

Title 37, Pay and Allowances of the Uniformed Services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1263, 1401, 1406 of this

title; title 14 section 334.

-CITE-

10 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE

-HEAD-

Sec. 1315. Computation of retired pay: law applicable

-STATUTE-

A member of the armed forces retired under this chapter is

entitled to retired pay computed under chapter 71 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 101.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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1315 (No source). (No source).

-------------------------------

The revised section is based on the various retirement provisions

in this chapter and is inserted to make explicit the entitlement to

retired pay upon retirement.

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