
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: 10USC1293]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 65--RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE
 
Sec. 1293. Twenty years or more: warrant officers

    The Secretary concerned may, upon the warrant officer's request, 
retire a warrant officer of any armed force under his jurisdiction 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).

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87-649, Sec. 6(f)(3), 
Sept. 7, 1962, 76 Stat. 494.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
1293..................................  10:600(d) (as applicable to          Ma
y 29, 1954, ch. 249, Secs.  2(d)
                                         10:600l(a)).                         (
as applicable to Sec.  14(a)),
                                        10:600l(a).                           1
4(a), 68 Stat. 157, 162.
                                        34:135(d) (as applicable to
                                         34:430(a)).
                                        34:430(a).
-------------------------------------------------------------------------------
---------------------------------

    The words, ``The Secretary concerned may * * * retire'' are 
substituted for the words ``may * * * and in the discretion of the 
Secretary, be retired''. 10:600l(a) (last 14 words) and 34:430(a) (last 
14 words) are omitted as covered by section 1315 of this title.

                       References in Text

    Section 511 of the Career Compensation Act of 1949, referred to in 
text, is set out as a note under section 580 of this title.


                               Amendments

    1962--Pub. L. 87-649 substituted ``section 511 of the Career 
Compensation Act of 1949, as amended (70 Stat. 114)'' for ``section 311 
of title 37.''


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 
of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, 
Pay and Allowances of the Uniformed Services.


                  Temporary Early Retirement Authority

    Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, 
Sec. 8053], Sept. 30, 1996, 110 Stat. 3009-71, 3009-99, provided that: 
``During the current fiscal year and hereafter, appropriations available 
for the pay and allowances of active duty members of the Armed Forces 
shall be available to pay the retired pay which is payable pursuant to 
section 4403 of Public Law 102-484 (10 U.S.C. 1293 note) under the terms 
and conditions provided in section 4403.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 104-61, title VIII, Sec. 8066, Dec. 1, 1995, 109 Stat. 664.
    Pub. L. 103-335, title VIII, Sec. 8077, Sept. 30, 1994, 108 Stat. 
2636.
    Pub. L. 103-139, title VIII, Sec. 8095, Nov. 11, 1993, 107 Stat. 
1461.

    Pub. L. 104-106, div. A, title V, Sec. 566(c), Feb. 10, 1996, 110 
Stat. 328, provided that: ``Section 4403 (other than subsection (f)) of 
the National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall apply to the 
commissioned officer corps of the National Oceanic and Atmospheric 
Administration in the same manner and to the same extent as that section 
applies to the Department of Defense. The Secretary of Commerce shall 
implement the provisions of that section with respect to such 
commissioned officer corps and shall apply the provisions of that 
section to the provisions of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 [act June 3, 1948, see Short Title note set out 
under section 853a of Title 33, Navigation and Navigable Waters] 
relating to the retirement of members of such commissioned officer 
corps.''
    [Section 566(c) of Pub. L. 104-106, set out above, applicable only 
to members of commissioned officer corps of National Oceanic and 
Atmospheric Administration separated after Sept. 30, 1995, see section 
566(d) of Pub. L. 104-106, set out as an Effective Date of 1996 
Amendment note under section 857a of Title 33, Navigation and Navigable 
Waters.]
    Pub. L. 103-337, div. A, title V, Sec. 542(d), Oct. 5, 1994, 108 
Stat. 2769, provided that: ``Section 4403 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2702; 10 U.S.C. 1293 note) shall apply to the Coast Guard in the same 
manner and to the same extent as that provision applies to the 
Department of Defense. The Secretary of Transportation shall implement 
the provisions of that section with respect to the Coast Guard and apply 
the applicable provisions of title 14, United States Code, relating to 
retirement of Coast Guard personnel.''
    Pub. L. 102-484, div. D, title XLIV, Sec. 4403, Oct. 23, 1992, 106 
Stat. 2702, as amended by Pub. L. 103-160, div. A, title V, Sec. 561(a), 
Nov. 30, 1993, 107 Stat. 1667; Pub. L. 104-106, div. A, title XV, 
Sec. 1504(c)(3), Feb. 10, 1996, 110 Stat. 514; Pub. L. 105-261, div. A, 
title V, Sec. 561(a), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106-398, 
Sec. 1 [[div. A], title V, Sec. 571(a)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-134, provided that:
    ``(a) Purpose.--The purpose of this section is to provide the 
Secretary of Defense a temporary additional force management tool with 
which to effect the drawdown of military forces during the active force 
drawdown period.
    ``(b) Retirement for 15 to 20 Years of Service.--(1) During the 
active force drawdown period, the Secretary of the Army may--
        ``(A) apply the provisions of section 3911 of title 10, United 
    States Code, to a regular or reserve commissioned officer with at 
    least 15 but less than 20 years of service by substituting `at least 
    15 years' for `at least 20 years' in subsection (a) of that section;
        ``(B) apply the provisions of section 3914 of such title to an 
    enlisted member with at least 15 but less than 20 years of service 
    by substituting `at least 15' for `at least 20'; and
        ``(C) apply the provisions of section 1293 of such title to a 
    warrant officer with at least 15 but less than 20 years of service 
    by substituting `at least 15 years' for `at least 20 years'.
    ``(2) During the active force drawdown period, the Secretary of the 
Navy may--
        ``(A) apply the provisions of section 6323 of title 10, United 
    States Code, to an officer with at least 15 but less than 20 years 
    of service by substituting `at least 15 years' for `at least 20 
    years' in subsection (a) of that section;
        ``(B) apply the provisions of section 6330 of such title to an 
    enlisted member of the Navy or Marine Corps with at least 15 but 
    less than 20 years of service by substituting `15 or more years' for 
    `20 or more years' in the first sentence of subsection (a)[(b)], in 
    the case of an enlisted member of the Navy, and in the second 
    sentence of subsection (b), in the case of an enlisted member of the 
    Marine Corps; and
        ``(C) apply the provisions of section 1293 of such title to a 
    warrant officer with at least 15 but less than 20 years of service 
    by substituting `at least 15 years' for `at least 20 years'.
    ``(3) During the active force drawdown period, the Secretary of the 
Air Force may--
        ``(A) apply the provisions of section 8911 of title 10, United 
    States Code, to a regular or reserve commissioned officer with at 
    least 15 but less than 20 years of service by substituting `at least 
    15 years' for `at least 20 years' in subsection (a) of that section; 
    and
        ``(B) apply the provisions of section 8914 of such title to an 
    enlisted member with at least 15 but less than 20 years of service 
    by substituting `at least 15' for `at least 20'.
    ``(c) Additional Eligibility Requirement.--In order to be eligible 
for retirement by reason of the authority provided in subsection (b), a 
member of the Armed Forces shall--
        ``(1) register on the registry maintained under section 1143a(b) 
    of title 10, United States Code (as added by section 4462(a)); and
        ``(2) receive information regarding public and community service 
    job opportunities from the Secretary of Defense or another source 
    approved by the Secretary and be afforded, on request, counseling on 
    such job opportunities.
    ``(d) Regulations.--The Secretary of each military department may 
prescribe regulations and policies regarding the criteria for 
eligibility for early retirement by reason of eligibility pursuant to 
this section and for the approval of applications for such retirement. 
Such criteria may include factors such as grade, years of service, and 
skill.
    ``(e) Computation of Retired Pay.--Retired or retainer pay of a 
member retired (or transferred to the Fleet Reserve or Fleet Marine 
Corps Reserve) under a provision of title 10, United States Code, by 
reason of eligibility pursuant to subsection (b) shall be reduced by \1/
12\th of 1 percent for each full month by which the number of months of 
active service of the member are less than 240 as of the date of the 
member's retirement (or transfer to the Fleet Reserve or Fleet Marine 
Corps Reserve).
    ``(f) Funding.--(1) Notwithstanding section 1463 of title 10, United 
States Code, and subject to the availability of appropriations for this 
purpose, the Secretary of each military department shall provide in 
accordance with this section for the payment of retired pay payable 
during the fiscal years covered by the other provisions of this 
subsection to members of the Armed Forces under the jurisdiction of that 
Secretary who are being retired under the authority of this section.
    ``(2) In each fiscal year in which the Secretary of a military 
department retires a member of the Armed Forces under the authority of 
this section, the Secretary shall credit to a subaccount (which the 
Secretary shall establish) within the appropriation account for that 
fiscal year for pay and allowances of active duty members of the Armed 
Forces under the jurisdiction of that Secretary such amount as is 
necessary to pay the retired pay payable to such member for the entire 
initial period (determined under paragraph (3)) of the entitlement of 
that member to receive retired pay.
    ``(3) The initial period applicable under paragraph (2) in the case 
of a retired member referred to in that paragraph is the number of years 
(and any fraction of a year) that is equal to the difference between 20 
years and the number of years (and any fraction of a year) of service 
that were completed by the member (as computed under the provision of 
law used for determining the member's years of service for eligibility 
to retirement) before being retired under the authority of this section.
    ``(4) The Secretary shall pay the member's retired pay for such 
initial period out of amounts credited to the subaccount under paragraph 
(2). The amounts so credited with respect to that member shall remain 
available for payment for that period.
    ``(5) For purposes of this subsection--
        ``(A) the transfer of an enlisted member of the Navy or Marine 
    Corps to the Fleet Reserve or Fleet Marine Corps Reserve shall be 
    treated as a retirement; and
        ``(B) the term `retired pay' shall be treated as including 
    retainer pay.
    ``(g) Coordination With Other Separation Provisions.--(1) A member 
of the Armed Forces retired under the authority of this section is not 
entitled to benefits under section 1174, 1174a, or 1175 of title 10, 
United States Code.
    ``(2) [Amended section 638a(b)(4)(C) of this title.]
    ``(h) Members Receiving SSB or VSI.--The Secretary of a military 
department may retire (or transfer to the Fleet Reserve or Fleet Marine 
Corps Reserve) pursuant to the authority provided by this section a 
member of a reserve component who before the date of the enactment of 
this Act [Oct. 23, 1992] was separated from active duty pursuant to an 
agreement entered into under section 1174a or 1175 of title 10, United 
States Code. The retired or retainer pay of any such member so retired 
(or transferred) by reason of the authority provided in this section 
shall be reduced by the amount of any payment to such member before the 
date of such retirement under the provisions of such agreement under 
section 1174a or 1175 of title 10, United States Code.
    ``(i) Active Force Drawdown Period.--For purposes of this section, 
the active force drawdown period is the period beginning on the date of 
the enactment of this Act and ending on December 31, 2001.''

                  Section Referred to in Other Sections

    This section is referred to in sections 580, 688, 1401, 1406 of this 
title; title 14 section 334.
