10 USC Ch. 63: RETIREMENT FOR AGE
From Title 10—ARMED FORCESSubtitle A—General Military LawPART II—PERSONNEL
CHAPTER 63 —RETIREMENT FOR AGE
Sec.
1251.
Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions.
1252.
Age 64: permanent professors at academies.
1253.
Age 64: regular commissioned officers in general and flag officer grades; exceptions.
[1255.
Repealed.]
1263.
Age 62: warrant officers.
1275.
Computation of retired pay: law applicable.
Editorial Notes
Amendments
2015—Pub. L. 114–92, div. A, title V, §504(b)(2), Nov. 25, 2015, 129 Stat. 807, substituted "Age 64: regular commissioned officers in general and flag officer grades; exceptions" for "Age 64: regular commissioned officers in general and flag officer grades; exception" in item 1253.
2006—Pub. L. 109–364, div. A, title V, §502(c), Oct. 17, 2006, 120 Stat. 2177, inserted "in grades below general and flag officer grades" after "officers" in item 1251 and added item 1253.
Pub. L. 109–163, div. A, title V, §509(c)(2), Jan. 6, 2006, 119 Stat. 3231, added item 1252.
1980—Pub. L. 96–513, title V, §501(18), Dec. 12, 1980, 94 Stat. 2908, added item 1251.
1967—Pub. L. 90–130, §1(6), Nov. 8, 1967, 81 Stat. 374, struck out item 1255 "Age 55: female regular warrant officers".
§1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions
(a)
(b)
(A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; or
(B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subparagraph.
(2) For purposes of this subsection, a health professions officer is—
(A) a medical officer;
(B) a dental officer;
(C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse; or
(D) an officer in a category of officers designated by the Secretary of the military department concerned for the purposes of this paragraph as consisting of officers whose duties consist primarily of—
(i) providing health care;
(ii) performing other clinical care; or
(iii) performing health care-related administrative duties.
(c)
(d)
(2) The Secretary of the military department concerned may extend a deferment under subsection (b) or (c) beyond the day referred to in paragraph (1) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by-case basis and shall be for such period as the Secretary considers appropriate.
(e)
(A) If the officer has at least 6 but fewer than 20 years of creditable service, the officer shall be separated, with separation pay computed under
(B) If the officer has fewer than 6 years of creditable service, the officer shall be separated under subsection (a).
(2) Notwithstanding paragraph (1), in the case of a regular commissioned officer who was added to the retired list before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the officer shall be retired, with retired pay computed under
(Added Pub. L. 96–513, title I, §111, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 100–180, div. A, title VII, §719, Dec. 4, 1987, 101 Stat. 1115; Pub. L. 101–189, div. A, title VII, §709, Nov. 29, 1989, 103 Stat. 1476; Pub. L. 105–85, div. A, title V, §504(a), (b), Nov. 18, 1997, 111 Stat. 1725; Pub. L. 109–163, div. A, title V, §509(c)(3), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 109–364, div. A, title V, §502(b), Oct. 17, 2006, 120 Stat. 2176; Pub. L. 111–383, div. A, title V, §501(b), Jan. 7, 2011, 124 Stat. 4206; Pub. L. 116–283, div. A, title V, §507, title IX, §924(b)(3)(T), Jan. 1, 2021, 134 Stat. 3573, 3821.)
Editorial Notes
References in Text
The date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (e)(2), is the date of enactment of
Amendments
2021—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
Subsec. (e).
2011—Subsec. (b)(1).
Subsec. (b)(2)(D).
2006—
Subsec. (a).
1997—Subsec. (c)(2) to (4).
Subsec. (d).
1989—Subsec. (c)(2).
1987—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of
Deferral of Retirement Date for Chairman of the Joint Chiefs of Staff
Pub. L. 100–456, div. A, title VII, §704, Sept. 29, 1988, 102 Stat. 1996, provided that the President could defer until Oct. 1, 1989, the retirement of the officer serving as Chairman of the Joint Chiefs of Staff for the term which began on October 1, 1987, notwithstanding the limitation contained in former
Transition Provisions Under Defense Officer Personnel Management Act
For provision that this section not apply to any officer who on the effective date of this Act [Sept. 15, 1981] was on active duty in a grade above general, see section 632 of
§1252. Age 64: permanent professors at academies
(a)
(b)
(1) An officer who is a permanent professor or the director of admissions of the United States Military Academy.
(2) An officer who is a permanent professor at the United States Naval Academy.
(3) An officer who is a permanent professor or the registrar of the United States Air Force Academy.
(Added Pub. L. 109–163, div. A, title V, §509(c)(1), Jan. 6, 2006, 119 Stat. 3230; amended Pub. L. 116–283, div. A, title IX, §924(b)(3)(U), Jan. 1, 2021, 134 Stat. 3821.)
Editorial Notes
Amendments
2021—Subsec. (a).
§1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions
(a)
(b)
(1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or
(2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.
(c)
(2) A deferment of the retirement of an officer referred to in paragraph (1) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.
(Added Pub. L. 109–364, div. A, title V, §502(a), Oct. 17, 2006, 120 Stat. 2176; amended Pub. L. 114–92, div. A, title V, §504(a), (b)(1), Nov. 25, 2015, 129 Stat. 807; Pub. L. 116–92, div. A, title V, §508, Dec. 20, 2019, 133 Stat. 1346; Pub. L. 116–283, div. A, title IX, §924(b)(3)(V), Jan. 1, 2021, 134 Stat. 3821.)
Editorial Notes
Amendments
2021—Subsec. (a).
2019—Subsec. (c)(3).
2015—
Subsec. (c).
[§1255. Repealed. Pub. L. 90–130, §1(6), Nov. 8, 1967, 81 Stat. 374]
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 100; Nov. 2, 1966, Pub. L. 89–718, §3, 80 Stat. 1115, covered the retirement of female permanent regular warrant officers with 20 years of active service upon attaining age 55.
§1263. Age 62: warrant officers
(a) Unless retired under
(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 circ*mstances, 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.
(Aug. 10, 1956 ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1263(a) | 10:600(d) (as applicable to 10:600l(b) (less (1)–(3))). 10:600 l(b) (less (1)–(3)).10:600r(c) (as applicable to 10:600 l(b) (less (1)–(3))).34:135(d) (as applicable to 34:430(b) (less (1)–(3))). 34:430(b) (less (1)–(3)). | May 29, 1954, ch. 249, §§2(d) (as applicable to §14(b) (less (1)–(3))), 14(b) (less (1)–(3)), 14(e) (as applicable to (b) (less (1)–(3))), 21(c) (as applicable to 14(b) (less (1)–(3))), 68 Stat. 157, 162, 163, 168. |
34:430c (as applicable to 34:430(b) (less (1)–(3))). | ||
1263(b) | 10:600l(e) (as applicable to 10:600l(b) (less (1)–(3))). | |
34:430(e) (as applicable to 34:430(b) (less (1)–(3))). |
In subsection (a), the words "has at least" are substituted for the words "has attained". The words "has at least" are substituted for the words "having completed not less than". The words "on that date which" are omitted as surplusage. 10:600l(b) (15 words before (1)) and 34:430(b) (15 words before (1)) are omitted as covered by
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.
Editorial Notes
References in Text
Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under
Amendments
1992—Subsec. (a).
1980—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§1275. Computation of retired pay: law applicable
A member of the armed forces retired under this chapter is entitled to retired pay computed under
(Aug. 10, 1956, ch. 1041, 70A Stat. 101.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1275 | [No source]. | [No source]. |
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.
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10 USC Ch. 63: Retirement for Age
Subtitle A: General Military Law
PART II: PERSONNEL
CHAPTER 63: RETIREMENT FOR AGE
-
Sec. 1251: Age 62 - Regular Commissioned Officers Below General and Flag Officer Grades; Exceptions
- Regular commissioned officers below the rank of brigadier general or rear admiral (lower half) must retire at the age of 62, with exceptions outlined in subsequent sections.
- Health professions officers may have their retirement deferred under certain circ*mstances.
- Other officers may also have their retirement deferred based on the best interest of the military department.
- There are limitations on the deferment of retirements, generally not extending beyond the first day of the month following the month in which the officer becomes 68 years of age.
-
Sec. 1252: Age 64 - Permanent Professors at Academies
- Regular commissioned officers at military academies in certain positions, such as permanent professors or directors of admissions, must retire at the age of 64.
-
Sec. 1253: Age 64 - Regular Commissioned Officers in General and Flag Officer Grades; Exceptions
- Regular commissioned officers serving in general or flag officer grades must retire at the age of 64.
- Exceptions are provided for officers serving in specific positions above major general or rear admiral, allowing for deferment under certain conditions.
-
Sec. 1263: Age 62 - Warrant Officers
- Permanent regular warrant officers with at least 20 years of active service and at least 62 years of age must retire, with some provisions for deferment.
- The Secretary concerned may defer retirement for up to four months under certain circ*mstances.
-
Sec. 1275: Computation of Retired Pay: Law Applicable
- Members retired under Chapter 63 are entitled to retired pay computed under Chapter 71 of Title 10.
The provided information outlines the age-specific retirement requirements for various categories of military personnel, with considerations for exceptions and deferments. The legal framework ensures a structured and equitable approach to military retirements based on age and service.