
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1164]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 59--SEPARATION
 
Sec. 1164. Warrant officers: separation for age

    (a) Unless retired or separated on or before the expiration of that 
period, each warrant officer shall be retired or separated from his 
armed force not later than 60 days after the date when he becomes 62 
years of age, except as provided by section 8301 of title 5.
    (b) The Secretary concerned may defer, for not more than four 
months, the separation 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 be retired or separated under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 89-718, Sec. 3, Nov. 2, 
1966, 80 Stat. 1115; Pub. L. 90-130, Sec. 1(5), Nov. 8, 1967, 81 Stat. 
374; Pub. L. 96-513, title V, Sec. 511(41), Dec. 12, 1980, 94 Stat. 
2923; Pub. L. 97-295, Sec. 1(16), Oct. 12, 1982, 96 Stat. 1290.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1164(a)...............................  10:600l(c) (as applicable to men).   Ma
y 29, 1954, ch. 249, Secs.
                                        10:600r(c) (as applicable to          1
4(c), (e) (as applicable to (c)),
                                         10:600l(c)).                         2
1(c) (as applicable to Sec.
                                        34:430(c) (as applicable to men).     1
4(c)), 68 Stat. 163, 168.
                                        34:430c (as applicable to
                                         34:430(c)).
1164(b)...............................  10:600l(c) (less applicability to
                                         men).
                                        34:430(c) (less applicability to
                                         men).
1164(c)...............................  10:600l(e) (as applicable to
                                         10:600l(c)).
                                        34:430(e) (as applicable to
                                         34:430(c)).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), the words ``Except as provided in clause 
(3) of subsection (b) of this section and in subsection (g) of this 
section'' are omitted as covered by section 46 of the bill and section 
14(g) of the source statute. The words ``Unless retired or separated on 
or before the expiration of that period'' are inserted for clarity. The 
words ``becomes 62[55] years of age'' are substituted for the words 
``attains the age of sixty-two * * * or the age of fifty-five''.
    In subsection (c), the words ``The Secretary concerned may defer'' 
are substituted for the words ``may, in the discretion of the Secretary, 
be deferred''. The words ``not more than'' are substituted for the words 
``a period not to exceed''. The words ``determination of his'' are 
inserted for clarity. The words ``he would otherwise be required to be 
separated under this section'' are substituted for the words 
``separation would otherwise be required''. The words ``proper'', 
``which is required'', ``possible'', and ``a period of'' are omitted as 
surplusage.


                               Amendments

    1982--Pub. L. 97-295, Sec. 1(16), substituted a colon for a 
semicolon after ``officers'' in section catchline.
    1980--Subsec. (b). Pub. L. 96-513 redesignated former subsec. (c) as 
(b).
    Subsec. (c). Pub. L. 96-513 redesignated former subsec. (c) as (b).
    1967--Subsec. (a). Pub. L. 90-130 struck out ``male'' before 
``warrant officer''.
    Subsec. (b). Pub. L. 90-130 struck out subsec. (b) which made 
special provisions for female warrant officers.
    Subsec. (c). Pub. L. 90-130 struck out reference to subsec. (b) of 
this section.
    1966--Pub. L. 89-718 substituted ``8301'' for ``47a'' wherever 
appearing.


                    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.


Deferment of Separation With Completion of 20 Years of Service or at Age 
                                   60

    Section 46 of act Aug. 10, 1956, provided that:
    ``(a) The separation of any person who, on November 1, 1954, was a 
male permanent warrant officer of a regular component of an armed force, 
and who upon attaining the age of 62 has completed less than 20 years of 
active service that could be credited to him under section 511 of the 
Career Compensation Act of 1949 (37 U.S.C. 311) [act Oct. 12, 1949, ch. 
681, title V, Sec. 511, 63 Stat. 829, set out as a note under section 
580 of this title] may be deferred by the Secretary concerned until he 
completes 20 years of that service, but not later than that date which 
is 60 days after the date on which he attains the age of 64.
    ``(b) The separation of any person who, on November 1, 1954, was a 
female permanent warrant officer of a regular component of an armed 
force, and who upon attaining the age of 55 has completed less than 20 
years of active service that could be credited to her under section 511 
of the Career Compensation Act of 1949 (37 U.S.C. 311) [act Oct. 12, 
1949, ch. 681, title V, Sec. 511, 63 Stat. 829, set out as a note under 
section 580 of this title] may be deferred by the Secretary concerned 
until she completes 20 years of that service, but not later than that 
date which is 60 days after the date on which she attains the age of 
60.''
