
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: 10USC12734]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12734. Time not creditable toward years of service

    (a) Service in an inactive status may not be counted in any 
computation of years of service under this chapter.
    (b) Time spent after retirement (without pay) for failure to conform 
to standards and qualifications prescribed under section 12641 of this 
title may not be credited in a computation of years of service under 
this chapter.

(Aug. 10, 1956, ch. 1041, 70A Stat. 104, Sec. 1334; Pub. L. 87-651, 
title I, Sec. 108, Sept. 7, 1962, 76 Stat. 509; renumbered Sec. 12734 
and amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 
1994, 108 Stat. 2998, 3003.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1334(a)...............................  10:1036c (last sentence, as          Ju
ne 29, 1948, ch. 708, Secs.  304
                                         applicable to inactive status).      (
last sentence), 308 (last 41
                                        10:1036g (last 41 words of 2d         w
ords of 2d sentence), 62 Stat.
                                         sentence).                           1
088, 1090.
                                        34:440k (last sentence, as           Ju
ly 9, 1952, ch. 608, Sec.  211(b)
                                         applicable to inactive status).      (
less 1st 16 words), 66 Stat. 485.
                                        34:440o (last 41 words of 2d
                                         sentence).
                                        50:931(b) (less 1st 16 words).
1334(b)...............................  10:1036c (last sentence, less
                                         applicability to inactive status).
                                        34:440k (last sentence, less
                                         applicability to inactive status).
-------------------------------------------------------------------------------
---------------------------------

    Subsection (a) is substituted for 10:1036c (1st 17 words of last 
sentence, as applicable to inactive status), 10:1036g (last 41 words of 
2d sentence), 34:440k (last 17 words of last sentence, as applicable to 
inactive status), and 34:440o (last 41 words of 2d sentence). 10:1036c 
(proviso of last sentence, as applicable to inactive status) and 34:440k 
(proviso of last sentence, as applicable to inactive status) are omitted 
as executed. 10:1036c (last sentence, less 1st 17 words and less 
proviso, as applicable to inactive status) and 34:440k (last sentence, 
less 1st 17 words and less proviso, as applicable to inactive status) 
are omitted as surplusage.
    In subsection (b), 10:1036c (proviso of last sentence, less 
applicability to inactive status) and 34:440k (proviso of last sentence, 
less applicability to inactive status) are omitted as executed. 10:1036c 
(last sentence, less 1st 17 words and less proviso, less applicability 
to inactive status) and 34:440k (last sentence, less 1st 17 words and 
less proviso, less applicability to inactive status) are omitted as 
surplusage.

                            1962 Act

    The change conforms section 1334(b) of title 10 to the source law, 
the last sentence of section 304 of the Army and Air Force Vitalization 
and Retirement Equalization Act of 1948 (62 Stat. 1089). Section 305 
makes the change retroactive to August 10, 1956, the date of repeal of 
the source law by the original military codification act of that date.


                               Amendments

    1994--Pub. L. 103-337 renumbered section 1334 of this title as this 
section and amended text generally, changing one section reference.
    1962--Subsec. (b). Pub. L. 87-651 substituted ``retirement (without 
pay) for failure to conform to standards and qualifications prescribed 
under section 1001 of this title may not be credited in a computation'' 
for ``retirement or transfer to the Retired Reserve may not be credited 
in any computation.''


                    Effective Date of 1994 Amendment

    Amendment by 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 1962 Amendment

    Section 305 of Pub. L. 87-651 provided that: ``Section 108 of this 
Act [amending this section] is effective as of August 10, 1956, for all 
purposes. Section 304 of this Act is effective as of February 6, 1959.''

                  Section Referred to in Other Sections

    This section is referred to in section 10153 of this title.
