10-U.S.C.-1209
§1209 – Transfer to Inactive Status List Instead of Separation
Pathway
Title 10 > Subtitle A > Part II > Chapter 61 > Section 1209
Details
- Reference: Section 1209
- Legend: §1209 – Transfer to Inactive Status List Instead of Separation
- USCode Year: 2013
Provision Content
Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age.
(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, §1501(c)(14), Feb. 10, 1996, 110 Stat. 499.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1209 | 37:272(g). | Oct. 12, 1949, ch. 681, §402(g), 63 Stat. 820. |
The words Notwithstanding the foregoing provisions of this section, satisfactory Federal, and and receiving disability severance pay are omitted as surplusage. The words at the time of the determination are substituted for the word current. The word otherwise is substituted for the words in all other respects.
Amendments
1996—Pub. L. 104–106 substituted section 12732 for section 1332, section 12735 for section 1335, and section 12739 for chapter 71.
1989—Pub. L. 101–189 substituted Department of Veterans Affairs for Veterans’ Administration.
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title XV, §1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1187 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1187, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1181 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-1181, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
Part C – Occupational Safety and Health Act of 1970 in the Legal Encyclopedia: Disabilities
In this entry about Part C – Occupational Safety and Health Act of 1970, find legal reference material, bibliographies and premiere content related to disabilities in the American Encyclopedia of Law, presenting a comprehensive view of the United States disabilities-specific issues, written by authorities in the field.
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