Title 10 — Armed Forces
Part II · Chapter 841 — Voluntary Retirement
§ 8330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay
Statutory text
The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section.
An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve.
Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under section 8333 of this title.
A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.
If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent.
For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)—
a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before ; and
an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before .
Subject to subparagraph (B), in determining a member’s years of active service for the computation of retainer pay under subsection (c)—
a completed minority enlistment of the member is counted as four years of active service; and
an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term.
In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after , service attributable under subparagraph (A) to time which, after , is not actually served by the member may not be counted.
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. 396, § 6330 · 70A Stat. 396
Enacted · 10 U.S.C. § 8330
Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6330
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6330Pub. L. 85–583 § 1(2) · 72 Stat. 480
Substituted · 10 U.S.C. § 8330(a)
Pub. L. 85–583, § 1(2), substituted “naval service” for “Regular Navy and the Regular Marine Corps, respectively,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–583, § 1(2), substituted “naval service” for “Regular Navy and the Regular Marine Corps, respectively,”.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.”Pub. L. 85–583 § 1(3) · 72 Stat. 480
Inserted · 10 U.S.C. § 8330(b)
Pub. L. 85–583, § 1(3), inserted “or the Naval Reserve” after “Regular Navy” and “or the Marine Corps Reserve” after “Regular Marine Corps”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–583, § 1(3), inserted “or the Naval Reserve” after “Regular Navy” and “or the Marine Corps Reserve” after “Regular Marine Corps”.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.”Pub. L. 90–207 § 3(4) · 81 Stat. 649
Inserted · 10 U.S.C. § 8330(c)
Pub. L. 90–207 inserted “, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer” after “armed forces”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–207 inserted “, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer” after “armed forces”.Enacted provision · exact public law section
(4) The first sentence of section 6330(c) is amended to read as follows: “Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled when not on active duty, to retainer pay at the rate of 2½ percent of the basic pay that he received at the time of transfer multiplied by the number of years of active service in the armed forces, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer.”Department of Defense Authorization Act, 1981
Pub. L. 96–342 title VIII § 813(d)(5) · 94 Stat. 1077
Amended · 10 U.S.C. § 8330(c)
Pub. L. 96–342 amended subsec. (c) generally
Amended · 10 U.S.C. § 8330(c)
Pub. L. 96–342 designating existing provisions as pars. (1) to (4) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated
Inserted · 10 U.S.C. § 8330(c)
Pub. L. 96–342 inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981
Inserted · 10 U.S.C. § 8330(c)
Pub. L. 96–342 added subpar. (B), in par. (2) inserted reference to section 1402a of this title, and in par. (4) added applicability to monthly retainer pay base
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–342 amended subsec. (c) generally, designating existing provisions as pars. (1) to (4) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B), in par. (2) inserted reference to section 1402a of this title, and in par. (4) added applicability to monthly retainer pay base.Enacted provision · exact public law section
(5) Subsection (c) of section 6330 of such title is amended to read as 10 USC 6330. follows: “(c) (1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay— “(A) in the case of a member who first became a member of a Ante, p. 1100. uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981, at the rate of 2½ percent of the basic pay that he received at the time of transfer or, in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer; or “(B) in the case of a member who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 214 percent of the monthly retainer pay base computed under section 1407(d) of this title; multiplied by the number of years of active service in the armed forces. “(2) A member may recompute his retainer pay under section 1402 10 USC 1402, ante, p. 1102. Extraordinary heroism. or 1402a of this title, as appropriate, to reflect active duty after transfer. “(3) If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent. “(4) In no case may a member’s retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which the computation of retainer pay is based.”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 513(17) · 94 Stat. 2835
Substituted · 10 U.S.C. § 8330(c)
Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981”
Substituted · 10 U.S.C. § 8330(c)
Pub. L. 96–513 substituted “master chief petty officer” for “senior enlisted advisor”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–513 substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing, and “master chief petty officer” for “senior enlisted advisor”.Enacted provision · exact public law section
(17) The following sections are each amended by striking out “the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981” each place it appears and inserting in lieu thereof “September 8, 1980”: sections 6151(b), 6151(c), 6322(c), 6323(e), 6325(a)(2), 6325(b)(2), 6326(c)(2), 6330(0, and 6383(c)(2).Department of Defense Authorization Act, 1984
Pub. L. 98–94 title IX § 923(c)(3) · 97 Stat. 614
Substituted · 10 U.S.C. § 8330(d)
Pub. L. 98–94 substituted “For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “For the purposes of subsections (b) and (c), a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–94 substituted “For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “For the purposes of subsections (b) and (c), a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”.Pub. L. 99–348 § 203(b)(6)(A) · 100 Stat. 682
Substituted · 10 U.S.C. § 8330(c)(1)
Pub. L. 99–348, § 203(b)(6)(A), substituted provision that retainer pay be computed under section 6333 for provision that retainer pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 2½ percent of the basic pay that he received at the time of transfer or, in the case of a member who served as master chief petty officer of the Navy or sergeant major of the Marine Corps, of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer, or in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at the rate of 2½ percent of the monthly retainer pay base computed under section 1407(d), which rates were to be multiplied by the number of years of active service in the armed forces
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 99–348, § 203(b)(6)(A), substituted provision that retainer pay be computed under section 6333 for provision that retainer pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 2½ percent of the basic pay that he received at the time of transfer or, in the case of a member who served as master chief petty officer of the Navy or sergeant major of the Marine Corps, of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer, or in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at the rate of 2½ percent of the monthly retainer pay base computed under section 1407(d), which rates were to be multiplied by the number of years of active service in the armed forces.Enacted provision · exact public law section
(A) by striking out “retainer pay—” in paragraph (1) and all that follows in that paragraph and inserting in lieu thereof “retainer pay computed under section 6333 of this title.”; andPub. L. 99–348 § 203(b)(6)(B) · 100 Stat. 682
Struck · 10 U.S.C. § 8330(c)(4)
Pub. L. 99–348, § 203(b)(6)(B), struck out par. (4) which provided that in no case could a member’s retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which computation of retainer pay was based
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 99–348, § 203(b)(6)(B), struck out par. (4) which provided that in no case could a member’s retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which computation of retainer pay was based.Enacted provision · exact public law section
(B) by striking out paragraph (4).Pub. L. 99–348 § 305(a)(1) · 100 Stat. 682
Amended · 10 U.S.C. § 8330(d)
Pub. L. 99–348, § 305(a)(1), designated existing provisions as par. (1)
Struck · 10 U.S.C. § 8330(d)
Pub. L. 99–348, § 305(a)(1), struck out provision that a completed minority enlistment be counted as four years of active service and an enlistment terminated within three months before the end of the term be counted as active service for the full term
Added · 10 U.S.C. § 8330(d)
Pub. L. 99–348, § 305(a)(1), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–348, § 305(a)(1), designated existing provisions as par. (1), struck out provision that a completed minority enlistment be counted as four years of active service and an enlistment terminated within three months before the end of the term be counted as active service for the full term, and added pars. (2) and (3).Enacted provision · exact public law section
(1) Codification.— Section 6330(d) is amended— 10 USC 6330. (A) by inserting “(1)” after “(d)”; (B) by striking out the second sentence; and (C) by adding at the end the following:National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 div. A title VI § 652(a)(5) · 103 Stat. 1352
Substituted · 10 U.S.C. § 8330(a)
Pub. L. 101–189 substituted “under this section.” for “under—
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–189 substituted “under this section.” for “under—“(1) Title II of the Naval Reserve Act of 1938 (52 Stat. 1178), as amended; or “(2) this section.”
Enacted provision · exact public law section
(5) Section 6330(a) is amended by striking out “under—” and all that follows through “this section.” and inserting in lieu thereof “under this section.”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title V § 515(b)(1)(J) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8330(b)
Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.Enacted provision · exact public law section
(J) Section 6330(b).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. § 8330
Pub. L. 115–232, § 807(b)(15), renumbered section 6330 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 807(b)(15), renumbered section 6330 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.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. § 8330(c)(1)
Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.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.
18 of 20 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 6330 | 34 U.S.C. 854 (less proviso). | June 25, 1938, ch. 690, § 201 (less proviso), 52 Stat. 1178. |
| 34 U.S.C. 854 (note). | July 9, 1952, ch. 608, § 803 (2d sentence of 1st par.), 66 Stat. 505. | |
| 34 U.S.C. 854c (less 4th, 5th, 6th (as applicable to 34 U.S.C. 854b) and 7th provisos). | June 25, 1938, ch. 690, § 204 (less 4th, 5th, 6th (as applicable to § 203 of the Naval Reserve Act of 1938), and 7th provisos), 52 Stat. 1170; Aug. 10, 1946, ch. 952, § 2, 60 Stat. 993. | |
| 34 U.S.C. 854a (less provisos). | June 25, 1938, ch. 690, § 202 (less provisos), 52 Stat. 1178. | |
In subsection (a) the words “officers” and “assigned” are omitted, since they are applicable only to the proviso in 34 U.S.C. 854, which is recommended for repeal as obsolete. (See Table 2A.) The words “including (a) those former members of the Fleet Reserve who were transferred * * * but before the expiration of three months following discharge”, appearing in § 803 of the Armed Forces Reserve Act of 1952, 66 Stat. 505 (34 U.S.C. 854 (note)) are omitted as surplusage. These words merely illustrate the class of persons transferred to the Fleet Reserve under the Naval Reserve Act of 1938, 52 Stat. 1178, as referred to in the section from which these words were taken, and in no way limit that class or impose a citizenship requirement for membership in it. (See the opinion of the Judge Advocate General of the Navy, JAG:II:1:JFG:imz of .)
In subsection (b) reference to the date , is omitted, since members who were in the naval service on or before that date may, if they are qualified and so elect, be transferred to the Fleet Reserve or to the Fleet Marine Corps Reserve under 34 U.S.C. 854c instead of under 34 U.S.C. 854b, as provided in the fifth proviso of 34 U.S.C. 854c. That proviso and the provisions of 34 U.S.C. 854b, which are applicable only to persons who were in the naval service in 1925, are not codified because they relate to a small closed class and are therefore of limited interest. They are not repealed, however. (See Table 2D.)
In subsections (b) and (c) the term “active service in the armed forces” is substituted for the term “active Federal service” to execute the definition in the last sentence of 34 U.S.C. 854c.
In subsection (c) the words “is entitled, when not on active duty, to retainer pay at the rate of 2½ percent of the basic pay that he received at the time of transfer” are substituted for the words “except when on active duty, shall be paid at the annual rate of 2½ per centum of the annual base and longevity pay they are receiving at the time of transfer” to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).
Subsection (d) states the rule as to the method of counting minority and short-term enlistments, in connection with determining active service, in accordance with White v. United States, 97 F. Supp. 698.
Editorial Notes
Amendments1958–2018 · 8 rounds
2018
Pub. L. 115–232, § 807(b)(15), renumbered section 6330 of this title as this section.
Subsec. (c)(1). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.
2006
Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
1989
Subsec. (a). Pub. L. 101–189 substituted “under this section.” for “under—
“(1) Title II of the Naval Reserve Act of 1938 (52 Stat. 1178), as amended; or
“(2) this section.”
1986
Subsec. (c)(1). Pub. L. 99–348, § 203(b)(6)(A), substituted provision that retainer pay be computed under section 6333 for provision that retainer pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before , be at the rate of 2½ percent of the basic pay that he received at the time of transfer or, in the case of a member who served as master chief petty officer of the Navy or sergeant major of the Marine Corps, of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer, or in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after , be at the rate of 2½ percent of the monthly retainer pay base computed under section 1407(d), which rates were to be multiplied by the number of years of active service in the armed forces.
Subsec. (c)(4). Pub. L. 99–348, § 203(b)(6)(B), struck out par. (4) which provided that in no case could a member’s retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which computation of retainer pay was based.
Subsec. (d). Pub. L. 99–348, § 305(a)(1), designated existing provisions as par. (1), struck out provision that a completed minority enlistment be counted as four years of active service and an enlistment terminated within three months before the end of the term be counted as active service for the full term, and added pars. (2) and (3).
1983
Subsec. (d). Pub. L. 98–94 substituted “For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “For the purposes of subsections (b) and (c), a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”.
1980
Subsec. (c). Pub. L. 96–513 substituted “” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing, and “master chief petty officer” for “senior enlisted advisor”.
Pub. L. 96–342 amended subsec. (c) generally, designating existing provisions as pars. (1) to (4) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B), in par. (2) inserted reference to section 1402a of this title, and in par. (4) added applicability to monthly retainer pay base.
1967
Subsec. (c). Pub. L. 90–207 inserted “, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer” after “armed forces”.
1958
Subsec. (a). Pub. L. 85–583, § 1(2), substituted “naval service” for “Regular Navy and the Regular Marine Corps, respectively,”.
Subsec. (b). Pub. L. 85–583, § 1(3), inserted “or the Naval Reserve” after “Regular Navy” and “or the Marine Corps Reserve” after “Regular Marine Corps”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , 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 1983 Amendment
Amendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after , see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90–207 effective , see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.
Temporary Early Retirement Authority
For provisions authorizing the Secretary of the Navy, during the period beginning , and ending , to apply this section 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) [probably should be (b)] of this section and in the second sentence of subsec. (b) of this section, see section 4403 of Pub. L. 102–484, set out as a note under section 1293 of this title.
Transfer of Former Members of Navy or Marine Corps to Fleet Reserve or Fleet Marine Corps Reserve; Transfer to Retired List
Act July 24, 1956, ch. 683, 70 Stat. 626, provided:
“Upon application by any former member of the Navy or Marine Corps—
“(1) who was discharged prior to , under honorable conditions, and
“(2) who, at the time of his discharge, had at least twenty years’ active Federal service,
the Secretary of the Navy shall appoint such former member in the Fleet Reserve or Fleet Marine Corps Reserve, as may be appropriate, in the rank held by him at the time of such discharge.
“Sec. 2.
Each person appointed to the Fleet Reserve or Fleet Marine Corps Reserve under the first section of this Act shall be transferred to the appropriate retired list (1) on the first day of the first calendar month beginning after such appointment, if his last discharge occurred ten or more years prior to the date of such appointment, and (2) in the case of individuals appointed under such section before the expiration of ten years from their last discharge, on the first day of the first calendar month, beginning after the expiration of ten years from the date of such discharge.
“Sec. 3.
Each former member transferred to a retired list under clauses (1) and (2) of section 2 shall receive retired pay at the annual rate of 2½ per centum of the annual base and longevity pay he was receiving at the time of his last discharge, multiplied by the number of his years of active Federal service at such time (not to exceed thirty), and adjusted to reflect the percentage increases made since such discharge in the retired pay of persons retired from the Armed Forces prior to .
“Sec. 4.
For the purposes of this Act, all active service in the Army of the United States, the Navy, the Marine Corps, the Coast Guard, or any component thereof, shall be deemed to be active Federal service.
“Sec. 5.
No pay shall accrue to the benefit of any person appointed under the provisions of this Act prior to the date such person is actually appointed under the provisions of this Act and in no event prior to the first day of the first month following enactment of this Act [].”
Credits
1956–2018 · 10 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6330
- 1958Pub. L. 85–583, § 1(2), (3), , 72 Stat. 480
- 1967Pub. L. 90–207, § 3(4), , 81 Stat. 653
- 1980Pub. L. 96–342, title VIII, § 813(d)(5), , 94 Stat. 1105
- 1980Pub. L. 96–513, title V, § 513(17), (19), , 94 Stat. 2932
- 1983Pub. L. 98–94, title IX, § 923(c)(3), , 97 Stat. 643
- 1986Pub. L. 99–348, title II, § 203(b)(6), title III, § 305(a)(1), , 100 Stat. 696, 704
- 1989Pub. L. 101–189, div. A, title VI, § 652(a)(5), , 103 Stat. 1461
- 2006Pub. L. 109–163, div. A, title V, § 515(b)(1)(J), , 119 Stat. 3233
- 2018renumbered § 8330 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), , 132 Stat. 1836, 1840.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6330; Pub. L. 85–583, § 1(2), (3), , 72 Stat. 480; Pub. L. 90–207, § 3(4), , 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(d)(5), , 94 Stat. 1105; Pub. L. 96–513, title V, § 513(17), (19), , 94 Stat. 2932; Pub. L. 98–94, title IX, § 923(c)(3), , 97 Stat. 643; Pub. L. 99–348, title II, § 203(b)(6), title III, § 305(a)(1), , 100 Stat. 696, 704; Pub. L. 101–189, div. A, title VI, § 652(a)(5), , 103 Stat. 1461; Pub. L. 109–163, div. A, title V, § 515(b)(1)(J), , 119 Stat. 3233; renumbered § 8330 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), , 132 Stat. 1836, 1840.)