§ 9342. Higher grade for service in special positions

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. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8962 · 70A Stat. 554

   Enacted · 10 U.S.C. § 9342

   Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8962

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8962

2. 1958

   Pub. L. 85–861 § 1(197) · 72 Stat. 1437

   1. Redesignated · 10 U.S.C. § 9342(b); 10 U.S.C. § 9342(c)

      Pub. L. 85–861 redesignated subsec. (c) as (b)

   2. Struck · 10 U.S.C. § 9342(b); 10 U.S.C. § 9342(c)

      Pub. L. 85–861 struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under section 8071 of this title

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 85–861 redesignated subsec. (c) as (b), and struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under section 8071 of this title.

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

3. 1965

   Pub. L. 89–288 § 6 · 79 Stat. 1050

   Added · 10 U.S.C. § 9342(a)

   Pub. L. 89–288 added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–288 added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.

   Enacted provision · exact public law section
   Sec. 6. Section 8962(a) of title 10, United States Code, is amended to read as follows: “(a) Upon retirement, a commissioned officer of the Regular Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5) 70A Stat. 494. as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.”

4. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 13(b)(2) · 94 Stat. 1123

   Substituted · 10 U.S.C. § 9342

   Pub. L. 96–343, § 13(b)(2), substituted “positions” for “positions: regular commissioned officers” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 13(b)(2), substituted “positions” for “positions: regular commissioned officers” in section catchline.

   Enacted provision · exact public law section
   (2) The heading of section 8962 of such title is amended to read as 10 USC 8962. follows: “§8962. Higher grade for service in special positions”.

5. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 13(b)(1) · 94 Stat. 1123

   1. Substituted · 10 U.S.C. § 9342(a)

      Pub. L. 96–343, § 13(b)(1), substituted “Air Force who has” for “Regular Air Force who has”

   2. Substituted · 10 U.S.C. § 9342(a)

      Pub. L. 96–343, § 13(b)(1), substituted “in which he served on active duty” for “held by him at any time on the active list”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–343, § 13(b)(1), substituted “Air Force who has” for “Regular Air Force who has” and “in which he served on active duty” for “held by him at any time on the active list”.

   Enacted provision · exact public law section
   (1) Section 8962(a) of title 10, United States Code, relating to retirement in a higher grade for service in special positions, is amended by striking out “Regular” and by striking out “held by him at any time on the active list” and inserting in lieu thereof “in which he served on active duty”.

6. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 504(20) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 9342(a)

   Pub. L. 96–513 substituted “or (4)” for “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513 substituted “or (4)” for “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)”.

   Enacted provision · exact public law section
   (20) Section 8962(a) is amended by striking out “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)” and inserting in lieu thereof “or (4)”. Ante, p. 2878.

7. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title V § 502(c) · 110 Stat. 186

   1. Amended · 10 U.S.C. § 9342

      Pub. L. 104–106 designated subsec. (b) as entire section

   2. Struck · 10 U.S.C. § 9342

      Pub. L. 104–106 struck out subsec. (a) which read as follows: “Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.”

   Source evidence

   Code amendment note
   Pub. L. 104–106 designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: “Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.”

   Enacted provision · exact public law section
   SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL. (a) Applicability of Time-in-Grade Requirements.— Section 1370 of title 10, United States Code, is amended— (1) in subsection (a)(2)(A), by striking out “and below lieutenant general or vice admiral”; and (2) in the first sentence of subsection (d)(2)(B), as added effective October 1, 1996, by section 1641 of the Reserve Officer Personnel Management Act (title XVI of Public Law 103–337; 108 Stat. 2968), by striking out “and below lieutenant general or vice admiral”. (b) Retirement in Highest Grade Upon Certification of Satisfactory Service.— Subsection (c) of such section is amended to read as follows: “(c) Officers in O–9 and 0–10 Grades.— (1) An officer who is serving in or has served in the grade of general or admiral or lieutenant general or vice admiral may be retired in that grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and Congress that the officer served on active duty satisfactorily in that grade. “(2) In the case of an officer covered by paragraph (1), the three-year service-in-grade requirement in paragraph (2)(A) of subsection (a) may not be reduced or waived under that subsection— “(A) while the officer is under investigation for alleged misconduct; or “(B) while there is pending the disposition of an adverse personnel action against the officer for alleged misconduct.”, (c) Repeal Of Superseded Provisions.— Sections 3962(a), 5034, 5043(c), and 8962(a) of such title are repealed. (d) Technical and Clerical Amendments.— (1) Sections 3962(b) and 8962(b) of such title are amended by striking out “(b) Upon” and inserting in lieu thereof “Upon”. (2) The table of sections at the beginning of chapter 505 of such title is amended by striking out the item relating to section 5034. (e) Effective Date for Amendment to Provision Taking Effect in 1996.— 10 USC 1370 note. The amendment made by subsection (a)(2) shall take effect on October 1, 1996, immediately after subsection (d) of section 1370 of title 10, United States Code, takes effect under section 1691(b)(1) of the Reserve Officer Personnel Management Act (108 Stat. 3026). (f) Preservation of Applicability of Limitation.— Section 1370(a)(2)(C) of title 10, United States Code, is amended by striking out “The number of officers in an armed force in a grade” and inserting in lieu thereof “In the case of a grade below the grade of lieutenant general or vice admiral, the number of members of one of the armed forces in that grade”. (g) Stylistic Amendments.— Section 1370 of title 10, United States Code, is further amended— (1) in subsection (a), by striking out “(a)(1)” and inserting in lieu thereof “(a) Rule for Retirement in Highest Grade Held Satisfactorily.—(1)”; (2) in subsection (b), by inserting “Retirement in Next Lower Grade.—” after “(b)”; and (3) in subsection (d), as added effective October 1, 1996, by section 1641 of the Reserve Officer Personnel Management Act (title XVI of Public Law 103–337; 108 Stat. 2968), by striking out “(d)(1)” and inserting in lieu thereof “(d) Reserve Officers.—(1)”.

8. 2018

   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. § 9342

   Pub. L. 115–232 renumbered section 8962 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 8962 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.

10 of 11 references resolved to an enrolled provision · 1 partial