Volume 80 · 903
Public Law 89–652
To amend title 10, United States Code, to limit the revocation of retired pay of members of the armed forces, and for other purposes.
Approved October 14, 1966
Statutory text
AN ACT
To amend title 10, United States Code, to limit the revocation of retired pay of members of the armed forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1331 of title 10, United States Code, is amended by adding the following new subsection at the end thereof:
“(d) The Secretary concerned shall provide for notifying each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice must be sent, in writing, to .the person concerned within one year after he has completed that service.”
Sec. 2.
Chapter 71 of title 10, United States Code, is amended as follows:
By adding the following new section at the end thereof:
Ҥ 1406. Limitations on revocation of retired pay
“After a person has been granted retired pay under chapter 67 of this title, or has been notified in accordance with section 1331(d) of this title that he has completed the years of service required for eligibility for retired pay under chapter 67 of this title, the person’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 1331 (a) (2) of this title, unless it resulted directly from the fraud or misrepresentation of the person. The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date he is granted retired pay.”; and
By adding the following new item at the end of the analysis:
Sec. 3.
Notwithstanding section 1406 of title 10, United States Code, as added by this Act—
the granting of retired pay to a person under chapter 67 of that title is conclusive as to that person’s entitlement to such pay only if the payment of that retired pay is begun after the effective date of this Act; and
a notification that a person has completed the years of service required for eligibility for retired pay under chapter 67 of that title is conclusive as to the person’s subsequent entitlement to such pay only if the notification is made after the effective date of this Act.
Approved October 14, 1966.