10 U.S.C. § 8323
10 U.S.C. § 8323
| HISTORICAL AND REVISION NOTES 1956 ACT | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 6323(a), (b) | 34 U.S.C. 410b . | Feb. 21, 1946, ch. 34, §6, 60 Stat. 27. |
| 6323(c) | 34 U.S.C. 410b-1 . | Apr. 14, 1949, ch. 52, §1 (less applicability to Act of June 29, 1948, ch. 708, §301(b), 62 Stat. 1087), 63 Stat. 47. |
| 1958 ACT | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 6323(a), (b) | 34 App.:410b. | Aug. 4, 1955, ch. 553, §1, 69 Stat. 493; Aug. 9, 1955, ch. 678, §1(a), (b), 69 Stat. 614. |
| 6323(c), (e) | [No source]. | [No source]. |
| 6323(d) | [No source]. | [No source]. |
| 6323(f) | [No source]. | [No source]. |
EDITORIAL NOTES
REFERENCES IN TEXTSection 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat. 485), referred to in subsec. (f), was classified to section 933 of Title 50, War and National Defense, and was repealed by section 53 of act Aug. 10, 1956.
AMENDMENTS2021-Subsec. (c). Pub. L. 116-283 substituted "section 1370 or 1370a of this title, as applicable" for "section 1370 of this title".2018- Pub. L. 115-232, §807(b) (15), renumbered section 6323 of this title as this section. Subsec. (e). Pub. L. 115-232, §809(a), substituted "section 8333" for "section 6333".Subsec. (f). Pub. L. 115-232, §809(a), substituted "section 8327" for "section 6327". 2013-Subsec. (a)(2)(B). Pub. L. 112-239, §1076(e)(6), substituted "January 7, 2011," for "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011". Pub. L. 112-239, §505(b), substituted "September 30, 2018" for "September 30, 2013".2011-Subsec. (a)(2)(B). Pub. L. 111-383 substituted "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013" for "January 6, 2006, and ending on December 31, 2008".2006-Subsec. (a)(2). Pub. L. 109-364 struck out second comma after "subparagraph (B)" in subpar. (A) and substituted "January 6, 2006," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006" in subpar. (B). Pub. L. 109-163, §502(b), designated existing provisions as subpar. (A), substituted "during the period specified in subparagraph (B)," for "during the period beginning on October 1, 1990, and ending on December 31, 2001", and added subpar. (B).Subsec. (f). Pub. L. 109-163, §515(b)(1)(H), substituted "Navy Reserve" for "Naval Reserve". 2000-Subsec. (a)(2). Pub. L. 106-398 substituted "December 31, 2001" for "September 30, 2001". 1998-Subsec. (a)(2). Pub. L. 105-261 substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990". 1993-Subsec. (a)(2). Pub. L. 103-160 substituted "nine-year period" for "five-year period". 1990-Subsec. (a). Pub. L. 101-510 designated existing provisions as par. (1) and added par. (2). 1986-Subsec. (e). Pub. L. 99-348 substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of an officer 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 21/2 percent of the basic pay of the grade in which retired, or in the case of an officer 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 21/2 percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based.1980-Subsec. (c). Pub. L. 96-513, §503(47)(A), substituted provisions that the retired grade of an officer retired under this section is the grade determined under section 1370 of this title for provisions that had set the grade of officers retired under this section at the highest grade, permanent or temporary, in which he had served satisfactorily on active duty as determined by the Secretary of the Navy; or, if the Secretary determined that he had not served satisfactorily in his highest temporary grade, in the next lower grade in which he had served, but not lower than his permanent grade.Subsec. (e). Pub. L. 96-513, §513(17), substituted "September 8, 1980" for "the date of the enactment of the Department of Defense Authorization Act, 1981" wherever appearing.Pub. L. 96-342 designated existing provisions as par. (1), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2). 1963-Subsec. (e). Pub. L. 88-132 substituted "of" for "to which he would be entitled if serving on active duty in" after "21/2 percent of the basic pay".1958-Subsec. (a). Pub. L. 85-861 substituted "first day of any month" for "first day of the month".Subsec. (b). Pub. L. 85-861 inserted provisions in cl. (2).Subsecs. (c) to (f). Pub. L. 85-861 added subsecs. (c) to (e) and redesignated former subsec. (c) as (f).
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 1980 AMENDMENT Amendment by section 503(47) of Pub. L. 96-513 effective Sept. 15, 1981, and amendment by section 513(17) of Pub. L. 96-513 effective Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as a note under section 101 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.
TEMPORARY EARLY RETIREMENT AUTHORITY For provisions authorizing the Secretary of the Navy, during the period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this section to an officer with at least 15 but less than 20 years of service by substituting "at least 15 years" for "at least 20 years" in subsec. (a) of this section, see section 4403 of Pub. L. 102-484, set out as a note under section 1293 of this title.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONS Functions of President under subsec. (a) to approve application of an officer of Navy or Marine Corps for retirement after completion of more than 20 years of active service and to designate month in which such retirements shall become effective delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§1(e), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President. For delegation to Secretary of Homeland Security of authority vested in President, see section 2(g) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.