Title 10 — Armed Forces
Part II · Chapter 943 — Retired Grade
§ 9341. General rule
Statutory text
The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability is determined under section 1370 of this title.
The retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability is determined under section 1370a of this title.
Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member’s retirement.
Space Force.—
The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.
Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member’s retirement.
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. 554, § 8961 · 70A Stat. 554
Enacted · 10 U.S.C. § 9341
Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8961
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8961Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 504(19) · 94 Stat. 2835
Added · 10 U.S.C. § 9341
Pub. L. 96–513 added subsec. (a)
Amended · 10 U.S.C. § 9341
Pub. L. 96–513 designated existing provisions as subsec. (b)
Inserted · 10 U.S.C. § 9341
Pub. L. 96–513 inserted “not covered by subsection (a)” after “a Regular or Reserve of the Air Force”
Source evidence
Code amendment note
Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted “not covered by subsection (a)” after “a Regular or Reserve of the Air Force”.Enacted provision · exact public law section
(19) The text of section 8961 is amended to read as follows: “(a) The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability or for nonregular service under chapter 67 of this title, is determined under section 1370 of this title. 10 USC 1331 et seq. Ante, p. 2876. “(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.”.Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1674(c)(2) · 108 Stat. 2663
Substituted · 10 U.S.C. § 9341(a)
Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”.Enacted provision · exact public law section
(2) Section 8961(a) is amended by striking out “chapter 67” and inserting in lieu thereof “chapter 1223”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Struck · 10 U.S.C. § 9341(a)
Pub. L. 106–398 struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–398 struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 806(b)(14) · 132 Stat. 1636
Changed · 10 U.S.C. § 9341
Pub. L. 115–232 renumbered section 8961 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 8961 of this title as this section.Enacted provision · exact public law section
(14) Chapter 869.— Sections 8961, 8962, 8963, 8964, 8965, and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively.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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 508(b)(4)(A) · 134 Stat. 3388
Added · 10 U.S.C. § 9341(a)
Pub. L. 116–283, § 508(b)(4)(A), added subsec. (a)
Struck · 10 U.S.C. § 9341(a)
Pub. L. 116–283, § 508(b)(4)(A), struck out former subsec. (a) which read as follows: “The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 508(b)(4)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title.”Enacted provision · exact public law section
(A) by striking subsection (a) and inserting the following new subsection (a): “(a) (1) The retired grade of a regular commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370 of this title. “(2) The retired grade of a reserve commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370a of this title.” ; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 508(b)(4)(B) · 134 Stat. 3388
Inserted · 10 U.S.C. § 9341(b)
Pub. L. 116–283, § 508(b)(4)(B), inserted “or a Regular or Reserve of the Space Force” after “Air Force”
Substituted · 10 U.S.C. § 9341(b)
Pub. L. 116–283, § 508(b)(4)(B), substituted “the member” for “he”
Substituted · 10 U.S.C. § 9341(b)
Pub. L. 116–283, § 508(b)(4)(B), substituted “the member’s” for “his”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 508(b)(4)(B), inserted “or a Regular or Reserve of the Space Force” after “Air Force” and substituted “the member” for “he” and “the member’s” for “his”.Enacted provision · exact public law section
(B) in subsection (b)— (i) by inserting “or a Regular or Reserve of the Space Force” after “Air Force”; (ii) by striking “he” and inserting “the member”; and (iii) by striking “his” and inserting “the member’s”.Space Force Personnel Management Act
Pub. L. 118–31 § 1719A(b)(2)(A) · 137 Stat. 136
Struck · 10 U.S.C. § 9341(a)
Pub. L. 118–31, § 1719A(b)(2)(A), struck out “or the Space Force” after “Air Force” in pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–31, § 1719A(b)(2)(A), struck out “or the Space Force” after “Air Force” in pars. (1) and (2).Enacted provision · exact public law section
(A) by striking “or the Space Force” both places it appears in subsection (a);Space Force Personnel Management Act
Pub. L. 118–31 § 1719A(b)(2)(B) · 137 Stat. 136
Struck · 10 U.S.C. § 9341(b)
Pub. L. 118–31, § 1719A(b)(2)(B), struck out “or a Regular or Reserve of the Space Force” after “Air Force”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–31, § 1719A(b)(2)(B), struck out “or a Regular or Reserve of the Space Force” after “Air Force”.Enacted provision · exact public law section
(B) by striking “or a Regular or Reserve of the Space Force” in subsection (b); andSpace Force Personnel Management Act
Pub. L. 118–31 § 1719A(b)(2)(C) · 137 Stat. 136
Added · 10 U.S.C. § 9341(c)
Pub. L. 118–31, § 1719A(b)(2)(C), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–31, § 1719A(b)(2)(C), added subsec. (c).Enacted provision · exact public law section
(C) by adding at the end the following new subsection: “(c) Space Force.— (1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer. “(2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member’s retirement.” .
14 of 15 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 8961 | 10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).10:947a (last 11 words). | Aug. 7, 1947, ch. 512, §§ 514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 902, 905. |
| 10:1025. | Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504. | |
| R.S. 1254. | ||
The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.
Editorial Notes
Prior Provisions
Prior sections 9341 and 9341a were renumbered sections 9441 and 9441a of this title, respectively.
Amendments1980–2023 · 6 rounds
2023
Subsec. (a). Pub. L. 118–31, § 1719A(b)(2)(A), struck out “or the Space Force” after “Air Force” in pars. (1) and (2).
Subsec. (b). Pub. L. 118–31, § 1719A(b)(2)(B), struck out “or a Regular or Reserve of the Space Force” after “Air Force”.
Subsec. (c). Pub. L. 118–31, § 1719A(b)(2)(C), added subsec. (c).
2021
Subsec. (a). Pub. L. 116–283, § 508(b)(4)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title.”
Subsec. (b). Pub. L. 116–283, § 508(b)(4)(B), inserted “or a Regular or Reserve of the Space Force” after “Air Force” and substituted “the member” for “he” and “the member’s” for “his”.
2018
Pub. L. 115–232 renumbered section 8961 of this title as this section.
2000
Subsec. (a). Pub. L. 106–398 struck out “or for nonregular service under chapter 1223 of this title” before “, is determined”.
1994
Subsec. (a). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”.
1980
Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted “not covered by subsection (a)” after “a Regular or Reserve of the Air Force”.
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 2000 Amendment
Amendment by Pub. L. 106–398 applicable to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after , see section 1 [[div. A], title V, § 506(c)] of Pub. L. 106–398, set out as a note under section 7341 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Credits
1956–2023 · 7 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8961
- 1980Pub. L. 96–513, title V, § 504(19), , 94 Stat. 2917
- 1994Pub. L. 103–337, div. A, title XVI, § 1674(c)(2), , 108 Stat. 3016
- 2000Pub. L. 106–398, § 1 [[div. A], title V, § 506(b)], , 114 Stat. 1654, 1654A–102
- 2018renumbered § 9341, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), , 132 Stat. 1833
- 2021Pub. L. 116–283, div. A, title V, § 508(b)(4), , 134 Stat. 3585
- 2023Pub. L. 118–31, div. A, title XVII, § 1719A(b)(2), , 137 Stat. 664.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8961; Pub. L. 96–513, title V, § 504(19), , 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, § 1674(c)(2), , 108 Stat. 3016; Pub. L. 106–398, § 1 [[div. A], title V, § 506(b)], , 114 Stat. 1654, 1654A–102; renumbered § 9341, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), , 132 Stat. 1833; Pub. L. 116–283, div. A, title V, § 508(b)(4), , 134 Stat. 3585; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(2), , 137 Stat. 664.)