
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: 10USC12731]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12731. Age and service requirements

    (a) Except as provided in subsection (c), a person is entitled, upon 
application, to retired pay computed under section 12739 of this title, 
if the person--
        (1) is at least 60 years of age;
        (2) has performed at least 20 years of service computed under 
    section 12732 of this title;
        (3) performed the last eight years of qualifying service while a 
    member of any category named in section 12732(a)(1) of this title, 
    but not while a member of a regular component, the Fleet Reserve, or 
    the Fleet Marine Corps Reserve; and
        (4) is not entitled, under any other provision of law, to 
    retired pay from an armed force or retainer pay as a member of the 
    Fleet Reserve or the Fleet Marine Corps Reserve.

    (b) Application for retired pay under this section must be made to 
the Secretary of the military department, or the Secretary of 
Transportation, as the case may be, having jurisdiction at the time of 
application over the armed force in which the applicant is serving or 
last served.
    (c)(1) A person who, before August 16, 1945, was a Reserve of an 
armed force, or a member of the Army without component or other category 
covered by section 12732(a)(1) of this title except a regular component, 
is not eligible for retired pay under this chapter unless--
        (A) the person performed active duty during World War I or World 
    War II; or
        (B) the person performed active duty (other than for training) 
    during the Korean conflict, the Berlin crisis, or the Vietnam era.

    (2) In this subsection:
        (A) The term ``World War I'' means the period beginning on April 
    6, 1917, and ending on November 11, 1918.
        (B) The term ``World War II'' means the period beginning on 
    September 9, 1940, and ending on December 31, 1946.
        (C) The term ``Korean conflict'' means the period beginning on 
    June 27, 1950, and ending on July 27, 1953.
        (D) The term ``Berlin crisis'' means the period beginning on 
    August 14, 1961, and ending on May 30, 1963.
        (E) The term ``Vietnam era'' means the period beginning on 
    August 5, 1964, and ending on March 27, 1973.

    (d) The Secretary concerned shall notify each person who has 
completed the years of service required for eligibility for retired pay 
under this chapter. The notice shall be sent, in writing, to the person 
concerned within one year after the person completes that service. The 
notice shall include notice of the elections available to such person 
under the Survivor Benefit Plan established under subchapter II of 
chapter 73 of this title and the Supplemental Survivor Benefit Plan 
established under subchapter III of that chapter, and the effects of 
such elections.
    (e) Notwithstanding section 8301 of title 5, the date of entitlement 
to retired pay under this section shall be the date on which the 
requirements of subsection (a) have been completed.
    (f) In the case of a person who completes the service requirements 
of subsection (a)(2) during the period beginning on October 5, 1994, and 
ending on December 31, 2001, the provisions of subsection (a)(3) shall 
be applied by substituting ``the last six years'' for ``the last eight 
years''.

(Aug. 10, 1956, ch. 1041, 70A Stat. 102, Sec. 1331; Pub. L. 85-704, Aug. 
21, 1958, 72 Stat. 702; Pub. L. 85-861, Sec. 33(a)(8), Sept. 2, 1958, 72 
Stat. 1564; Pub. L. 89-652, Sec. 1, Oct. 14, 1966, 80 Stat. 902; Pub. L. 
90-485, Sec. 2, Aug. 13, 1968, 82 Stat. 754; Pub. L. 95-397, title II, 
Sec. 206, Sept. 30, 1978, 92 Stat. 847; Pub. L. 96-513, title V, 
Sec. 511(47), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98-94, title IX, 
Sec. 924(a), Sept. 24, 1983, 97 Stat. 644; Pub. L. 101-189, div. A, 
title XIV, Sec. 1404(b)(1), Nov. 29, 1989, 103 Stat. 1586; renumbered 
Sec. 12731 and amended Pub. L. 103-337, div. A, title VI, Sec. 636, 
title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat. 2790, 2999; Pub. L. 
104-106, div. A, title XV, Sec. 1501(b)(20), Feb. 10, 1996, 110 Stat. 
497; Pub. L. 105-261, div. A, title V, Sec. 561(n)(1), Oct. 17, 1998, 
112 Stat. 2026; Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 571(n)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-135.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1331(a)...............................  10:1036a(a) (less last proviso).     Ju
ne 29, 1948, ch. 708, Secs.
                                        10:1036d (1st sentence).              3
02(a), (d), 305 (1st sentence),
                                        34:440i(a) (less last proviso).       6
2 Stat. 1087-1089; July 12, 1952,
                                        34:440l (1st sentence).               c
h. 698, 66 Stat. 590.
1331(b)...............................  10:1036a(d).
                                        34:440i(d).
1331(c)...............................  10:1036a(a) (last proviso).
                                        34:440i(a) (last proviso).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``is entitled'' are substituted for the 
words ``shall * * * be granted''. The words ``in the status of a 
commissioned officer, warrant officer, flight officer, or enlisted 
person'' and the references to reserve components are omitted as 
surplusage. Reference to the Army and the Air Force without component is 
inserted, since the words ``reserve component'', as used in 10:1036a(a), 
include all members of the Army and the Air Force except members of the 
regular components thereof. The words ``service, computed under section 
1332 of this title'' are substituted for the words ``satisfactory 
Federal service'' to make it clear that some service that is not 
normally covered by the latter term may be counted in determining rights 
to retired pay under this chapter. Section 311 of the source statute, 
which made title III of that act applicable to the Coast Guard, was 
expressly repealed by the Act of August 4, 1949, ch. 393, Sec. 20, 63 
Stat. 565, the act which codified Title 14 of the United States Code. 14 
U.S.C. 755(e) provides for Coast Guard Reservists the same retirement 
benefits as those prescribed by law for the Naval Reserve, and, for this 
purpose, confers upon the Secretary of the Treasury the same authority 
as that conferred upon the Secretary of the Navy, when the Coast Guard 
is operating under the Treasury Department. Accordingly, the revised 
chapter is made expressly applicable to the Coast Guard.
    In subsection (c), the words ``the Army without component or other 
category covered by section 1332(a)(1) of this title'' are inserted, 
since the words ``reserve component'', as used in 10:1036a(a), also 
cover members without component and members of the other special 
categories listed. The words ``annual training duty, or attendance at a 
school designated as a service school by law or by the Secretary of the 
appropriate military department'' are inserted since the words ``active 
Federal service'', as used in 10:1036a(a), also cover the additional 
service listed. The words ``active duty'' are substituted for the words 
``active Federal service'' for uniformity.

                            1958 Act

    The change makes clear that in the determination of eligibility for 
retired pay for non-regular service, the service of a Regular serving in 
a temporary grade (that is, without component) may not be counted. See 
opinion of the Judge Advocate General of the Army, JAGA 1957/4463, May 
13, 1957.


                               Amendments

    2000--Subsec. (f). Pub. L. 106-398 substituted ``December 31, 2001'' 
for ``September 30, 2001''.
    1998--Subsec. (f). Pub. L. 105-261 substituted ``September 30, 
2001'' for ``September 30, 1999''.
    1996--Subsec. (f). Pub. L. 104-106 substituted ``October 5, 1994,'' 
for ``the date of the enactment of this subsection''.
    1994--Pub. L. 103-337, Sec. 1662(j)(1), renumbered section 1331 of 
this title as this section and amended text generally, making changes in 
style and in references to other sections.
    Subsec. (f). Pub. L. 103-337, Sec. 636, added subsec. (f) which read 
as follows: ``In the case of a person who completes the service 
requirements of subsection (a)(2) during the period beginning on the 
date of the enactment of this subsection and ending on September 30, 
1999, the provisions of subsection (a)(3) shall be applied by 
substituting `the last six years' for `the last eight years'.''
    1989--Subsec. (d). Pub. L. 101-189 inserted ``and the Supplemental 
Survivor Benefit Plan established under subchapter III of that 
chapter,'' after ``this title''.
    1983--Subsec. (c). Pub. L. 98-94 substituted ``unless--
        ``(1) he performed active duty after April 5, 1917, and before 
    November 12, 1918, or after September 8, 1940, and before January 1, 
    1947; or
        ``(2) he performed active duty (other than for training) after 
    June 26, 1950, and before July 28, 1953, after August 13, 1961, and 
    before May 31, 1963, or after August 4, 1964, and before March 28, 
    1973.'',
for ``unless he performed active duty after April 5, 1917, and before 
November 12, 1918, or after September 8, 1940, and before January 1, 
1947, or unless he performed active duty (other than for training) after 
June 26, 1950, and before July 28, 1953''.
    1980--Subsec. (b). Pub. L. 96-513, Sec. 511(47)(A), substituted 
``Secretary of Transportation'' for ``Secretary of the Treasury''.
    Subsec. (e). Pub. L. 96-513, Sec. 511(47)(B), struck out ``United 
States Code,'' after ``title 5,''.
    1978--Subsec. (d). Pub. L. 95-397 inserted provisions requiring that 
notice include notification of elections available under the Survivor 
Benefit Plan and the effects thereof.
    1968--Subsec. (e). Pub. L. 90-485 added subsec. (e).
    1966--Subsec. (d). Pub. L. 89-652 added subsec. (d).
    1958--Subsec. (a)(3). Pub. L. 85-861 struck out provisions which 
related to service as a member of the Army or the Air Force without 
component.
    Subsec. (c). Pub. L. 85-704 made persons who performed active duty 
(other than for training) after June 26, 1950, and before July 28, 1953, 
eligible for retired pay under this chapter.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 1662(j)(1) of Pub. L. 103-337 effective Dec. 1, 
1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, 
set out as an Effective Date note under section 10001 of this title.


                    Effective Date of 1989 Amendment

    Section 1404(b)(3) of Pub. L. 101-189, as amended by Pub. L. 101-
510, div. A, title VI, Sec. 631(1), Nov. 5, 1990, 104 Stat. 1580, 
provided that: ``The amendments made by paragraphs (1) and (2) [amending 
this section and section 3101 [now 5301] of Title 38, Veterans' 
Benefits] shall take effect on April 1, 1992.''


                    Effective Date of 1983 Amendment

    Section 924(b) of Pub. L. 98-94 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
retired pay payable for months beginning after September 30, 1983, or 
the date of the enactment of this Act [Sept. 24, 1983], whichever is 
later.''


                    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 1978 Amendment

    Amendment by Pub. L. 95-397 applicable to notifications after Sept. 
30, 1978, see section 210(b) of Pub. L. 95-397, set out as a note under 
section 1447 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-485 effective Aug. 13, 1968, see section 6 
of Pub. L. 90-485, set out as a note under section 1431 of this title.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.


              Reserve Retirement System; Report to Congress

    Pub. L. 99-348, title III, Sec. 302, July 1, 1986, 100 Stat. 702, 
directed Secretary of Defense to submit to Congress, not later than Feb. 
1, 1988, a report on the retirement system provided under chapter 67 of 
this title for members of Armed Forces performing non-regular-service, 
including in the report any proposals of the Secretary for modifications 
to such system.


                   Survivor Annuities; Effective Date

    Pub. L. 94-448, Sec. 1, Oct. 1, 1976, 90 Stat. 1499, provided: 
``That for the purposes of survivor annuities under subchapter I of 
chapter 73 of title 10, United States Code [section 1431 et seq. of this 
title], and under prior corresponding provisions of law, the provisions 
of section 1331(e) [now 12731(e)] of such title 10, relating to the date 
of entitlement to retired pay under chapter 67 [now 1223] of such title 
10, shall be effective as of November 1, 1953.''


     Payment of Survivor Annuities Benefits Prior to October 1, 1976

    Pub. L. 94-448, Sec. 2, Oct. 1, 1976, 90 Stat. 1499, provided that: 
``No benefits shall be paid to any person for any period prior to the 
date of enactment of this Act [Oct. 1, 1976] as a result of the 
enactment of this Act.''


  Entitlement to Retirement Pay After October 14, 1966; Conclusiveness

    Notification of completion of requisite years of service as 
conclusive for entitlement to retirement pay if made after Oct. 14, 
1966, see section 3 of Pub. L. 89-652, set out as a note under section 
1406 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1331, 1370, 1405, 1406, 
1407, 1408, 1447, 1448, 1482, 12731a, 12731b, 12732, 12738, 12741 of 
this title.
