§ 8327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay

Statutory text

A member of the Navy Reserve or the Marine Corps Reserve may be transferred to the Retired Reserve upon his request if he has completed—

at least 30 years of active service in the armed forces, other than active duty for training; or

at least 20 years of active service in the armed forces other than active duty for training, the last 10 of which he served in the 11-year period immediately preceding his transfer to the Retired Reserve.

Each member who is transferred to the Retired Reserve under subsection (a) is entitled, when not on active duty, to retired pay at the rate of 50 percent of the basic pay of the grade in which retired.

This section applies only to persons who were members of the Navy Reserve or the Marine Corps Reserve on January 1, 1953.

This section terminates on January 1, 1973. However, its termination will not affect any accrued rights to retired pay.

A member who is eligible for retirement under this section, and who is also eligible for retirement under another provision or for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title, is entitled to elect which of these benefits he is to receive.

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.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327 · 70A Stat. 395
Enacted · 10 U.S.C. § 8327
Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327
1958
Pub. L. 85–583 § 1(1) · 72 Stat. 480
Changed · 10 U.S.C. § 8327(e)
Pub. L. 85–583 entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve
Source evidence
Code amendment note
Subsec. (e). Pub. L. 85–583 entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve.
Enacted provision · exact public law section
(1) Section 6327 (e) is amended to read as follows: “(e) A member who is eligible for retirement under this section, and who is also eligible for retirement under another provision or for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve 70A Stat. 396. under section 6330 of this title, is entitled to elect which of these benefits he is to receive.”
1963
Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 5(h)(5) · 77 Stat. 194
Substituted · 10 U.S.C. § 8327(b)
Pub. L. 88–132 substituted “of the grade in which retired” for “to which he would be entitled if on active duty” after “50 percent of the basic pay”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 88–132 substituted “of the grade in which retired” for “to which he would be entitled if on active duty” after “50 percent of the basic pay”.
Enacted provision · exact public law section
(5) Section 6327(b) is amended by striking out the words “to which he would be entitled if on active duty” and inserting in place thereof the words “of the grade in which retired”.
2006
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 515(b)(3)(B) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8327
Pub. L. 109–163, § 515(b)(3)(B), substituted “Navy Reserve” for “Naval Reserve” in section catchline
Source evidence
Code amendment note
Pub. L. 109–163, § 515(b)(3)(B), substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Enacted provision · exact public law section
(B) The heading of section 6327 is amended to read as follows: “§ 6327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay” .
2006
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 515(b)(1)(I) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8327(a); 10 U.S.C. § 8327(c)
Pub. L. 109–163, § 515(b)(1)(I), substituted “Navy Reserve” for “Naval Reserve”
Source evidence
Code amendment note
Subsecs. (a), (c). Pub. L. 109–163, § 515(b)(1)(I), substituted “Navy Reserve” for “Naval Reserve”.
Enacted provision · exact public law section
(I) Section 6327.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 807(b)(15) · 132 Stat. 1636
Changed · 10 U.S.C. § 8327
Pub. L. 115–232, § 807(b)(15), renumbered section 6327 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 807(b)(15), renumbered section 6327 of this title as this section.
Enacted provision · exact public law section
(15) Chapter 571.— Each section in chapter 571 10 USC 8321–8336. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000.
Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 8327(e)
Pub. L. 115–232, § 809(a), substituted “section 8330” for “section 6330”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–232, § 809(a), substituted “section 8330” for “section 6330”.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6327	50 U.S.C. 1052(a), (b), (d), (e), (f).	July 9, 1952, ch. 608, § 413(a), (b), (d), (e), (f), 66 Stat. 499.

In subsection (a) the word “Federal” is omitted and the words “in the armed forces, other than active duty for training” are inserted. The words “active Federal service” are not defined in 50 U.S.C. 1052. Section 310 of the Naval Reserve Act of 1938, which 50 U.S.C. 1052 replaced, specifies active service in the “Army, Navy, Marine Corps, Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia in Federal status, National Naval Volunteers, Naval Reserve, Marine Corps Reserve Force, and Marine Corps Reserve.” 50 U.S.C. 1052 was intended to preserve the rights of persons who, on January 1, 1953, were members of reserve components, so that they would not be prejudiced by the repeal of § 310 of the Naval Reserve Act of 1938 (U.S. Code Congressional and Administrative News, 1952, p. 3584). To effect that purpose, the service that was creditable under the 1938 Act must be creditable under 50 U.S.C. 1052. The words “active service in the armed forces, other than active duty for training” cover all creditable service. The Judge Advocate General of the Navy, in an opinion dated August 27, 1954 (JAG II:2:WGA:CA:mk), held that active duty for training was not creditable under the 1938 Act and is, therefore, not creditable under the 1952 Act.

Editorial Notes

Amendments1958–2018 · 4 rounds

2018

Pub. L. 115–232, § 807(b)(15), renumbered section 6327 of this title as this section.

Subsec. (e). Pub. L. 115–232, § 809(a), substituted “section 8330” for “section 6330”.

2006

Pub. L. 109–163, § 515(b)(3)(B), substituted “Navy Reserve” for “Naval Reserve” in section catchline.

Subsecs. (a), (c). Pub. L. 109–163, § 515(b)(1)(I), substituted “Navy Reserve” for “Naval Reserve”.

1963

Subsec. (b). Pub. L. 88–132 substituted “of the grade in which retired” for “to which he would be entitled if on active duty” after “50 percent of the basic pay”.

1958

Subsec. (e). Pub. L. 85–583 entitled eligible members of Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet Reserve or Fleet Marine Corps Reserve.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Credits

1956–2018 · 5 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327
1958Pub. L. 85–583, § 1(1), Aug. 1, 1958, 72 Stat. 480
1963Pub. L. 88–132, § 5(h)(5), Oct. 2, 1963, 77 Stat. 214
2006Pub. L. 109–163, div. A, title V, § 515(b)(1)(I), (3)(B), Jan. 6, 2006, 119 Stat. 3233, 3234
2018renumbered § 8327 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 395, § 6327; Pub. L. 85–583, § 1(1), Aug. 1, 1958, 72 Stat. 480; Pub. L. 88–132, § 5(h)(5), Oct. 2, 1963, 77 Stat. 214; Pub. L. 109–163, div. A, title V, § 515(b)(1)(I), (3)(B), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8327 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)