Title 10 — Armed Forces
Part II · Chapter 61 — Retirement or Separation for Physical Disability
§ 1209. Transfer to inactive status list instead of separation
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 95 · 70A Stat. 95
Enacted · 10 U.S.C. § 1209
Aug. 10, 1956, ch. 1041, 70A Stat. 95
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 95National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 div. A title XVI § 1621(a)(1) · 103 Stat. 1352
Substituted · 10 U.S.C. § 1209
Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”
Source evidence
Code amendment note
Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.Enacted provision · exact public law section
(1) The following sections are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 176(a)(3), 772(g), 1174(h)(2), 1201(3)(B), 1203(4)(A), 1203(4)(B), 1203(4)(C), 1204(4)(B), 1206(4), 1209, 1210(c), 1210(d), 1210(e), 1212(c), 1218(a)(1), 1431(b)(1), 1433 (in two places), 1441, 1449, 1450(h), 1452(g)(1), 1452(g)(5), 1476(b), 2641(a), 2641(b)(1) (in two places), 2641(d)(2), 4342(a)(1), 4621(d), 4683(a)(1), 4713(c), 6954(a)(1), 7603, 9342(a)(1), 9621(d), and 9713(c).National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1501(c)(14) · 110 Stat. 186
Substituted · 10 U.S.C. § 1209
Pub. L. 104–106 substituted “section 12732” for “section 1332”
Substituted · 10 U.S.C. § 1209
Pub. L. 104–106 substituted “section 12735” for “section 1335”
Substituted · 10 U.S.C. § 1209
Pub. L. 104–106 substituted “section 12739” for “chapter 71”
Source evidence
Code amendment note
Pub. L. 104–106 substituted “section 12732” for “section 1332”, “section 12735” for “section 1335”, and “section 12739” for “chapter 71”.Enacted provision · exact public law section
(14) Section 1209 is amended by striking out “section 1332”, “section 1335”, and “chapter 71” and inserting in lieu thereof “section 12732”, “section 12735”, and “section 12739”, respectively.Effective date note
Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, 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.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1209 | 37:272(g). | Oct. 12, 1949, ch. 681, § 402(g), 63 Stat. 820. |
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”.
Editorial Notes
Amendments1989–1996 · 2 rounds
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title XV, § 1501(c), , 110 Stat. 498, provided that the amendment made by that section is effective as of , 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.
Credits
1956–1996 · 3 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 95
- 1989Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), , 103 Stat. 1602
- 1996Pub. L. 104–106, div. A, title XV, § 1501(c)(14), , 110 Stat. 499.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), , 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, § 1501(c)(14), , 110 Stat. 499.)