
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1209]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
 
Sec. 1209. Transfer to inactive status list instead of 
        separation
        
    Any member of the armed forces who has at least 20 years of service 
computed under section 12732 of this title, and who would be qualified 
for retirement under this chapter but for the fact that his disability 
is less than 30 percent under the standard schedule of rating 
disabilities in use by the Department of Veterans Affairs at the time of 
the determination, may elect, instead of being separated under this 
chapter, to be transferred to the inactive status list under section 
12735 of this title and, if otherwise eligible, to receive retired pay 
under section 12739 of this title upon becoming 60 years of age.

(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101-189, div. A, title 
XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104-106, 
div. A, title XV, Sec. 1501(c)(14), Feb. 10, 1996, 110 Stat. 499.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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1209..................................  37:272(g).                           Oc
t. 12, 1949, ch. 681, Sec.
                                                                              4
02(g), 63 Stat. 820.
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---------------------------------

    The words ``Notwithstanding the foregoing provisions of this 
section'', ``satisfactory Federal'', and ``and receiving disability 
severance pay'' are omitted as surplusage. The words ``at the time of 
the determination'' are substituted for the word ``current''. The word 
``otherwise'' is substituted for the words ``in all other respects''.


                               Amendments

    1996--Pub. L. 104-106 substituted ``section 12732'' for ``section 
1332'', ``section 12735'' for ``section 1335'', and ``section 12739'' 
for ``chapter 71''.
    1989--Pub. L. 101-189 substituted ``Department of Veterans Affairs'' 
for ``Veterans' Administration''.


                    Effective Date of 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.

                  Section Referred to in Other Sections

    This section is referred to in sections 1203, 1206 of this title.
