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10 USC CHAPTER 63 - RETIREMENT FOR AGE 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 63 - RETIREMENT FOR AGE

.

-HEAD-

CHAPTER 63 - RETIREMENT FOR AGE

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Sec.

1251. Age 62: regular commissioned officers; exceptions.

(1255. Repealed.)

1263. Age 62: warrant officers.

1275. Computation of retired pay: law applicable.

AMENDMENTS

1980 - Pub. L. 96-513, title V, Sec. 501(18), Dec. 12, 1980, 94

Stat. 2908, added item 1251.

1967 - Pub. L. 90-130, Sec. 1(6), Nov. 8, 1967, 81 Stat. 374,

struck out item 1255 ''Age 55: female regular warrant officers''.

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10 USC Sec. 1251 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 63 - RETIREMENT FOR AGE

-HEAD-

Sec. 1251. Age 62: regular commissioned officers; exceptions

-STATUTE-

(a) Unless retired or separated earlier, each regular

commissioned officer of the Army, Navy, Air Force, or Marine Corps

(other than an officer who is a permanent professor, director of

admissions, or registrar of the United States Military Academy or

United States Air Force Academy or a commissioned warrant officer)

shall be retired on the first day of the month following the month

in which he becomes 62 years of age. An officer who is a permanent

professor at the United States Military Academy or United States

Air Force Academy, the director of admissions at the United States

Military Academy, or the registrar of the United States Air Force

Academy shall be retired on the first day of the month following

the month in which he becomes 64 years of age.

(b) Notwithstanding subsection (a), the President may defer the

retirement of an officer serving in a position that carries a grade

above major general or rear admiral, but such a deferment may not

extend beyond the first day of the month following the month in

which the officer becomes 64 years of age. Not more than ten

deferments of retirement under this subsection may be in effect at

any one time.

(c)(1) The Secretary concerned may defer the retirement under

subsection (a) of a health professions officer if during the period

of the deferment the officer will be performing duties consisting

primarily of providing patient care or performing other clinical

duties.

(2) The Secretary concerned may defer the retirement under

subsection (a) of an officer who is appointed or designated as a

chaplain if the Secretary determines that such deferral is in the

best interest of the military department concerned.

(3)(A) Except as provided in subparagraph (B), a deferment under

this subsection may not extend beyond the first day of the month

following the month in which the officer becomes 68 years of age.

(B) The Secretary concerned may extend a deferment under this

subsection beyond the day referred to in subparagraph (A) if the

Secretary determines that extension of the deferment is necessary

for the needs of the military department concerned. Such an

extension shall be made on a case-by-case basis and shall be for

such period as the Secretary considers appropriate.

(4) For purposes of this subsection, a health professions officer

is -

(A) a medical officer;

(B) a dental officer; or

(C) an officer in the Army Nurse Corps, an officer in the Navy

Nurse Corps, or an officer in the Air Force designated as a

nurse.

(d) The Secretary concerned may defer the retirement under

subsection (a) of an officer who is the Chief of Chaplains or

Deputy Chief of Chaplains of that officer's armed force. Such a

deferment may not extend beyond the first day of the month

following the month in which the officer becomes 68 years of age.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 111, Dec. 12, 1980, 94 Stat.

2875; amended Pub. L. 100-180, div. A, title VII, Sec. 719, Dec.

4, 1987, 101 Stat. 1115; Pub. L. 101-189, div. A, title VII, Sec.

709, Nov. 29, 1989, 103 Stat. 1476; Pub. L. 105-85, div. A, title

V, Sec. 504(a), (b), Nov. 18, 1997, 111 Stat. 1725.)

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AMENDMENTS

1997 - Subsec. (c)(2) to (4). Pub. L. 105-85, Sec. 504(a), added

par. (2) and redesignated former pars. (2) and (3) as (3) and (4),

respectively.

Subsec. (d). Pub. L. 105-85, Sec. 504(b), added subsec. (d).

1989 - Subsec. (c)(2). Pub. L. 101-189 designated existing

provisions as subpar. (A), substituted ''Except as provided in

subparagraph (B), a deferment'' for ''A deferment'' and ''68 years

of age'' for ''67 years of age'', and added subpar. (B).

1987 - Subsec. (c). Pub. L. 100-180 added subsec. (c).

EFFECTIVE DATE

Section effective Sept. 15, 1981, but the authority to prescribe

regulations under this section effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

DEFERRAL OF RETIREMENT DATE FOR CHAIRMAN OF THE JOINT CHIEFS OF

STAFF

Pub. L. 100-456, div. A, title VII, Sec. 704, Sept. 29, 1988,

102 Stat. 1996, provided that: ''Notwithstanding the limitation

contained in the first sentence of subsection (b) of section 1251

of title 10, United States Code, the President may defer until

October 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.''

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provision that this section not apply to any officer 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. 96-615, set

out as a note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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10 USC Sec. 1255 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 63 - RETIREMENT FOR AGE

-HEAD-

(Sec. 1255. Repealed. Pub. L. 90-130, Sec. 1(6), Nov. 8, 1967, 81

Stat. 374)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 100; Nov. 2,

1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, covered the retirement

of female permanent regular warrant officers with 20 years of

active service upon attaining age 55.

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10 USC Sec. 1263 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 63 - RETIREMENT FOR AGE

-HEAD-

Sec. 1263. Age 62: warrant officers

-STATUTE-

(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 Career

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 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.

-SOURCE-

(Aug. 10, 1956 ch. 1041, 70A Stat. 101; Pub. L. 89-718, Sec. 3,

Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90-130, Sec. 1(6), Nov. 8,

1967, 81 Stat. 374; Pub. L. 96-513, title V, Sec. 511(46), Dec. 12,

1980, 94 Stat. 2924; Pub. L. 102-484, div. A, title X, Sec.

1052(17), Oct. 23, 1992, 106 Stat. 2500.)

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Historical and Revision Notes

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

Large)

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1263(a) 10:600(d) (as May 29, 1954, ch.

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

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

(1)-(3))). 14(b) (less (1)-

10:600l(b) (less (3))), 14(b) (less

(1)-(3)). (1)-(3)), 14(e) (as

10:600r(c) (as applicable to (b)

applicable to (less (1)-(3))),

10:600l(b) (less 21(c) (as

(1)-(3))). applicable to 14(b)

34:135(d) (as (less (1)-(3))), 68

applicable to Stat. 157, 162,

34:430(b) (less (1)- 163, 168.

(3))). 34:430(b)

(less (1)-(3)).

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))).

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In subsection (a), the words ''has at least'' are substituted for

the words ''has attained''. The words ''has at least'' are

substituted for the words ''having completed 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 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.

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''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title 14 section 334.

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10 USC Sec. 1275 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 63 - RETIREMENT FOR AGE

-HEAD-

Sec. 1275. 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.)

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Historical and Revision Notes

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

Large)

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1275 (No source). (No source).

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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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