10-U.S.C.-1305
§1305 – Thirty Years Or More: Regular Warrant officers
Pathway
Title 10 > Subtitle A > Part II > Chapter 65 > Section 1305
Details
- Reference: Section 1305
- Legend: §1305 – Thirty Years Or More: Regular Warrant officers
- USCode Year: 2013
Provision Content
(a)(1) Subject to paragraphs (2) and (3), a regular warrant officer who has at least 30 years of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which the officer completes that service, except as provided by section 8301 of title 5.
(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.
(3) In the case of a regular Navy warrant officer in the grade of chief warrant officer, W–5, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.
(b) The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to retire under this section.
(c) Under such regulations as he may prescribe, the Secretary concerned may defer the retirement under subsection (a) of any warrant officer upon the recommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after he becomes 62 years of age.
(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, §6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–718, §3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 102–190, div. A, title XI, §1116, Dec. 5, 1991, 105 Stat. 1503; Pub. L. 109–364, div. A, title V, §505(c), Oct. 17, 2006, 120 Stat. 2179; Pub. L. 110–417, [div. A], title V, §501, Oct. 14, 2008, 122 Stat. 4432; Pub. L. 112–239, div. A, title V, §504, Jan. 2, 2013, 126 Stat. 1715.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1305(a) | 10:600(d) (as applicable to 10:600l(b)(2)). 10:600 l(b)(2) (last sentence). l(b)(2)). |
May 29, 1954, ch. 249, §§2(d) (as applicable to §14(b)(2)), 14(b)(2), (e) (as applicable to (b)(2)), 21(c) (as applicable to §14(b)(2)), 68 Stat. 157, 163, 168. |
| 34:430(b)(2) (last sentence). | ||
| 34:430c (as applicable to 34:430(b)(2)). | ||
| 1305(b) | 10:600l(e) (as applicable to 10:600l(b)(2)). | |
| 34:430(e) (as applicable to 34:430(b)(2)). | ||
| 1305(c) | 10:600l(b)(2) (less last sentence). | |
| 34:430(b)(2) (less last sentence). |
In subsection (a), the words has at least are substituted for the words has completed. The words and is not so continued on active service and on that date which are omitted as surplusage. 10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 words of last sentence) are omitted as covered by section 1315 of this title.
In subsection (b), the words The Secretary concerned may defer are substituted for the words may, in the discretion of the Secretary, be deferred. The words determination of his are inserted for clarity. The words not more than are substituted for the words a period not to exceed. The words he would otherwise be required to retire under this section are substituted for the words retirement * * * would otherwise be required. The words which is required, possible, proper, and a period of are omitted as surplusage.
In subsection (c), the words the Secretary concerned may defer the retirement are substituted for the words in the discretion of the Secretary * * * be continued on active service. The words but not later than are substituted for the words but not beyond that date which is.
References in Text
Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(1), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title.
Amendments
2013—Subsec. (a)(1). Pub. L. 112–239, §504(1), substituted Subject to paragraphs (2) and (3), a regular warrant officer for A regular warrant officer (other than a regular Army warrant officer) and date on which the officer for date on which he.
Subsec. (a)(3). Pub. L. 112–239, §504(2), added par. (3).
2008—Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1), substituted A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer for A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him, and added par. (2).
2006—Subsec. (a). Pub. L. 109–364 substituted A regular warrant officer for (1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5), inserted as a warrant officer after years of active service and the date on which after 60 days after, and struck out par. (2) which read as follows:
(2)(A) A regular Army warrant officer in the grade of chief warrant officer, W–5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5.
(B) A regular Army warrant officer in a warrant officer grade below the grade of chief warrant officer, W–5, who completes 24 years of active service as a warrant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a warrant officer, except as provided by section 8301 of title 5.
1991—Subsec. (a). Pub. L. 102–190 designated existing provisions as par. (1), substituted Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W–5) for A permanent regular warrant officer, and added par. (2).
1966—Subsec. (a). Pub. L. 89–718 substituted 8301 for 47a.
1962—Subsec. (a). Pub. L. 87–649 substituted section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114) for section 311 of title 37.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1219 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1219, 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.-1251 in the Legal Encyclopedia: Retirement
In this entry about 10-U.S.C.-1251, find legal reference material, bibliographies and premiere content related to retirement in the American Encyclopedia of Law, presenting a comprehensive view of the United States retirement-specific issues, written by authorities in the field.
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