§ 1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions

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.

1. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 111 · 94 Stat. 2835

   Enacted · 10 U.S.C. § 1251

   Added Pub. L. 96–513, title I, § 111, Dec. 12, 1980, 94 Stat. 2875

   Source evidence

   Code source credit
   Added Pub. L. 96–513, title I, § 111, Dec. 12, 1980, 94 Stat. 2875

   Enacted provision · exact public law section
   Sec. 111. retirement of regular commissioned officers at age 62 Chapter 63, relating to retirement for age, is amended by inserting before section 1263 the following new section: “§ 1251. Age 62: regular commissioned officers; exceptions “(a) Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps (other than an officer who is a permanent professor, director of admissions, or registrar of the United States Military Academy or United States Air Force Academy or a commissioned warrant officer) shall be retired on the first day of the month following the month in which he becomes 62 years of age. An officer who is a permanent professor at the United States Military Academy or United States Air Force Academy, the director of admissions at the United States Military Academy, or the registrar of the United States Air Force Academy shall be retired on the first day of the month following the month in which he becomes 64 years of age. “(b) Notwithstanding subsection (a), the President may defer the Retirement, Presidential deferment. retirement of an officer serving in a position that carries a grade above major general or rear admired, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age. Not more than ten deferments of retirement under this subsection may be in effect at any one time.”.

2. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title VII § 719 · 101 Stat. 1019

   Added · 10 U.S.C. § 1251(c)

   Pub. L. 100–180 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–180 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 719. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF MEDICAL OFFICERS Section 1251 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) (1) The Secretary concerned may defer the retirement under subsection (a) of a health professions officer if during the period of the deferment the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties. “(2) A deferment under this subsection may not extend beyond the first day of the month following the month in which the officer becomes 67 years of age. “(3) For purposes of this subsection, a health professions officer is— “(A) a medical officer; “(B) a dental officer; or “(C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse.”

3. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title VII § 709 · 103 Stat. 1352

   1. Amended · 10 U.S.C. § 1251(c)(2)

      Pub. L. 101–189 designated existing provisions as subpar. (A)

   2. Substituted · 10 U.S.C. § 1251(c)(2)

      Pub. L. 101–189 substituted “Except as provided in subparagraph (B), a deferment” for “A deferment”

   3. Substituted · 10 U.S.C. § 1251(c)(2)

      Pub. L. 101–189 substituted “68 years of age” for “67 years of age”

   4. Added · 10 U.S.C. § 1251(c)(2)

      Pub. L. 101–189 added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 101–189 designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), a deferment” for “A deferment” and “68 years of age” for “67 years of age”, and added subpar. (B).

   Enacted provision · exact public law section
   SEC. 709. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF REGULAR OFFICERS IN A HEALTH-RELATED PROFESSION Section 1251(c)(2) of title 10, United States Code, is amended— (1) by striking out “A deferment” and inserting in lieu therof “(A) Except as provided in subparagraph (B), a deferment”; (2) by striking out “67 years of age” and inserting in lieu thereof “68 years of age”; and (3) by adding at the end the following new subparagraph: “(B) The Secretary concerned may extend a deferment under this subsection beyond the day referred to in subparagraph (A) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by-case basis and shall be for such period as the Secretary considers appropriate.”.

4. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 504(a) · 111 Stat. 1629

   1. Added · 10 U.S.C. § 1251(c)(2)(4)

      Pub. L. 105–85, § 504(a), added par. (2)

   2. Redesignated · 10 U.S.C. § 1251(c)(2)(4)

      Pub. L. 105–85, § 504(a), redesignated former pars. (2) and (3) as (3) and (4), respectively

   Source evidence

   Code amendment note
   Subsec. (c)(2) to (4). Pub. L. 105–85, § 504(a), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

   Enacted provision · exact public law section
   (a) Authority for Deferral of Retirement for Chaplains.— Subsection (c) of section 1251 of title 10, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): “(2) The Secretary concerned may defer the retirement under subsection (a) of an officer who is appointed or designated as a chaplain if the Secretary determines that such deferral is in the best interest of the military department concerned.”.

5. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 504(b) · 111 Stat. 1629

   Added · 10 U.S.C. § 1251(d)

   Pub. L. 105–85, § 504(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–85, § 504(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Authority for Deferral of Retirement for Chief and Deputy Chief of Chaplains.— Such section is further amended by adding at the end the following new subsection: “(d) The Secretary concerned may defer the retirement under subsection (a) of an officer who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force. Such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.”.

6. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 509(c)(3) · 119 Stat. 3136

   1. Inserted · 10 U.S.C. § 1251(a)

      Pub. L. 109–163 inserted “, a permanent professor at the United States Naval Academy,” after “Air Force Academy” in first sentence

   2. Struck · 10 U.S.C. § 1251(a)

      Pub. L. 109–163 struck out last sentence which read as follows: “An officer who is a permanent professor at the United States Military Academy or United States Air Force Academy, the director of admissions at the United States Military Academy, or the registrar of the United States Air Force Academy shall be retired on the first day of the month following the month in which he becomes 64 years of age.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–163 inserted “, a permanent professor at the United States Naval Academy,” after “Air Force Academy” in first sentence and struck out last sentence which read as follows: “An officer who is a permanent professor at the United States Military Academy or United States Air Force Academy, the director of admissions at the United States Military Academy, or the registrar of the United States Air Force Academy shall be retired on the first day of the month following the month in which he becomes 64 years of age.”

   Enacted provision · exact public law section
   (3) Conforming amendment.— Section 1251(a) of such title is amended— (A) in the first sentence, by inserting “, a permanent professor at the United States Naval Academy,” after “Air Force Academy”; and (B) by striking the second sentence.

7. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title V § 502(b) · 120 Stat. 2083

   1. Amended · 10 U.S.C. § 1251

      Pub. L. 109–364 amended section catchline and text generally

   2. Substituted · 10 U.S.C. § 1251

      Pub. L. 109–364 substituting provisions relating to retirement at age 62 of regular commissioned officers in grades below general and flag officer grades for provisions relating to retirement at age 62 of all regular commissioned officers

   Source evidence

   Code amendment note
   Pub. L. 109–364 amended section catchline and text generally, substituting provisions relating to retirement at age 62 of regular commissioned officers in grades below general and flag officer grades for provisions relating to retirement at age 62 of all regular commissioned officers.

   Enacted provision · exact public law section
   (b) Restatement and Modification of Current Age Limits for Other Officers.— Section 1251 of such title is amended to read as follows: “§ 1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions “(a) General Rule.— Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps (other than an officer covered by section 1252 of this title or a commissioned warrant officer) serving in a grade below brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. “(b) Deferred Retirement of Health Professions Officers.— (1) The Secretary of the military department concerned may, subject to subsection (d), defer the retirement under subsection (a) of a health professions officer if during the period of the deferment the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties. “(2) For purposes of this subsection, a health professions officer is— “(A) a medical officer; “(B) a dental officer; or “(C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse. “(c) Deferred Retirement of Chaplains.— The Secretary of the military department concerned may, subject to subsection (d), defer the retirement under subsection (a) of an officer who is appointed or designated as a chaplain if the Secretary determines that such deferral is in the best interest of the military department concerned. “(d) Limitation on Deferment of Retirements.— (1) Except as provided in paragraph (2), a deferment under subsection (b) or (c) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age. “(2) The Secretary of the military department concerned may extend a deferment under subsection (b) or (c) beyond the day referred to in paragraph (1) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by-case basis and shall be for such period as the Secretary considers appropriate.” .

8. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 501(b)(2) · 124 Stat. 4137

   1. Substituted · 10 U.S.C. § 1251(b)(1)

      Pub. L. 111–383, § 501(b)(2), substituted “the officer—” for “the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties.”

   2. Added · 10 U.S.C. § 1251(b)(1)

      Pub. L. 111–383, § 501(b)(2), added subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 111–383, § 501(b)(2), substituted “the officer—” for “the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties.” and added subpars. (A) and (B).

   Enacted provision · exact public law section
   (2) Conforming amendment.— Paragraph (1) of such section is amended by striking “the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties.” and inserting “the officer— “(A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; or “(B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subparagraph.” .

9. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 501(b)(1) · 124 Stat. 4137

   Added · 10 U.S.C. § 1251(b)(2)(D)

   Pub. L. 111–383, § 501(b)(1), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 111–383, § 501(b)(1), added subpar. (D).

   Enacted provision · exact public law section
   (1) Additional categories of officers eligible for deferral of mandatory retirement for age.— Paragraph (2) of section 1251(b) of such title is amended— (A) in subparagraph (B), by striking “or” at the end; (B) in subparagraph (C), by striking the period at the end and inserting “; or”; and (C) by adding at the end the following new subparagraph: “(D) an officer in a category of officers designated by the Secretary of the military department concerned for the purposes of this paragraph as consisting of officers whose duties consist primarily of— “(i) providing health care; “(ii) performing other clinical care; or “(iii) performing health care-related administrative duties.” .

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 924(b)(3)(T) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 1251(a)

    Pub. L. 116–283, § 924(b)(3)(T), substituted “Marine Corps, or Space Force” for “or Marine Corps”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 924(b)(3)(T), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

    Enacted provision · exact public law section
    (T) Section 1251(a).

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 507(a)(2) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 1251(a)

    Pub. L. 116–283, § 507(a)(2), inserted “or separated, as specified in subsection (e),” after “shall be retired”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 507(a)(2), inserted “or separated, as specified in subsection (e),” after “shall be retired”.

    Enacted provision · exact public law section
    (2) by inserting “or separated, as specified in subsection (e),” after “shall be retired”.

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 507(a)(1) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 1251(a)

    Pub. L. 116–283, § 507(a)(1), which directed substitution of “Marine Corps, or Space Force” for “or Marine Corps,”, could not be executed because “or Marine Corps,” did not appear in text. Similar amendment was made by Pub. L. 116–283, § 924(b)(3)(T), see above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 507(a)(1), which directed substitution of “Marine Corps, or Space Force” for “or Marine Corps,”, could not be executed because “or Marine Corps,” did not appear in text. Similar amendment was made by Pub. L. 116–283, § 924(b)(3)(T), see above.

    Enacted provision · exact public law section
    (1) by striking “or Marine Corps,” and inserting “Marine Corps, or Space Force”; and

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 507(b)(1) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 1251(b)

    Pub. L. 116–283, § 507(b)(1), inserted “or Separation” after “Retirement” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 507(b)(1), inserted “or Separation” after “Retirement” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading, by inserting “or Separation” after “Retirement”; and

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 507(b)(2) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 1251(b)(1)

    Pub. L. 116–283, § 507(b)(2), inserted “or separation” after “retirement” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283, § 507(b)(2), inserted “or separation” after “retirement” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (1), by inserting “or separation” after “retirement”.

15. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 507(c) · 134 Stat. 3388

    1. Substituted · 10 U.S.C. § 1251(c)

       Pub. L. 116–283, § 507(c), in heading, substituted “or Separation of Other Officers” for “of Chaplains” and, in text

    2. Inserted · 10 U.S.C. § 1251(c)

       Pub. L. 116–283, § 507(c), in heading, inserted “or separation” after “retirement”

    3. Substituted · 10 U.S.C. § 1251(c)

       Pub. L. 116–283, § 507(c), in heading, substituted “any officer other than a health professions officer described in subsection (b)(2)” for “an officer who is appointed or designated as a chaplain”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 507(c), in heading, substituted “or Separation of Other Officers” for “of Chaplains” and, in text, inserted “or separation” after “retirement” and substituted “any officer other than a health professions officer described in subsection (b)(2)” for “an officer who is appointed or designated as a chaplain”.

    Enacted provision · exact public law section
    (c) Deferred Retirement or Separation of Other Officers.— Subsection (c) of such section is amended— (1) in the subsection heading, by striking “of Chaplains” and inserting “or Separation of Other Officers”; (2) by inserting “or separation” after “retirement”; and (3) by striking “an officer who is appointed or designated as a chaplain” and inserting “any officer other than a health professions officer described in subsection (b)(2)”.

16. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 507(d) · 134 Stat. 3388

    Added · 10 U.S.C. § 1251(e)

    Pub. L. 116–283, § 507(d), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–283, § 507(d), added subsec. (e).

    Enacted provision · exact public law section
    (d) Retirement or Separation Based on Years of Creditable Service.— Such section is further amended by adding at the end the following new subsection: “(e) Retirement or Separation Based on Years of Creditable Service.— (1) The following rules shall apply to a regular commissioned officer who is to be retired or separated under subsection (a): “(A) If the officer has at least 6 but fewer than 20 years of creditable service, the officer shall be separated, with separation pay computed under section 1174(d)(1) of this title. “(B) If the officer has fewer than 6 years of creditable service, the officer shall be separated under subsection (a). “(2) Notwithstanding paragraph (1), in the case of a regular commissioned officer who was added to the retired list before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the officer shall be retired, with retired pay computed under section 1401 of this title.” .

25 of 25 references resolved to an enrolled provision