ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 1251Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions

submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 584 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section generally requires certain regular commissioned officers to retire or separate when they reach age 62. It allows deferments for health-professions officers and others, limits deferments, and bases the result on creditable service.

(a) Unless earlier retired or separated, a covered regular commissioned Army, Navy, Air Force, Marine Corps, or Space Force officer below brigadier general, or Navy rear admiral (lower half), must retire or separate under (e) on the first day of the month after turning 62. Officers covered by section 1252 and commissioned warrant officers are excluded. (b)(1) Subject to (d), the military-department Secretary may defer a health-professions officer if the officer will primarily provide patient care or clinical duties, or belongs to a designated category whose primary duties are those in (2)(D). (2) Such officers are medical officers, dental officers, Army or Navy Nurse Corps officers, Air Force nurses, and designated categories primarily providing health care, clinical care, or related administration. (c) Subject to (d), the Secretary may defer another officer if deferral is in the department’s best interest. (d)(1) A deferment normally cannot extend beyond the first day of the month after age 68. (2) The Secretary may extend it further when necessary for department needs, case by case and for an appropriate period. (e)(1) An officer with at least six but fewer than 20 years of creditable service is separated with pay under section 1174(d)(1); one with fewer than six years is separated under (a). (2) A covered officer placed on the retired list before enactment of the 2021 National Defense Authorization Act is retired with pay under section 1401.
the actual law source: uscode.house.gov ↗public domain
(a)General Rule.—

Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force (other than an officer covered by section 1252 of this title or a commissioned warrant officer) serving in a grade below brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired or separated, as specified in subsection (e), on the first day of the month following the month in which the officer becomes 62 years of age.

(b)Deferred Retirement or Separation of Health Professions Officers.—
(1)

The Secretary of the military department concerned may, subject to subsection (d), defer the retirement or separation under subsection (a) of a health professions officer if during the period of the deferment the officer—

(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)Deferred Retirement or Separation of Other Officers.—

The Secretary of the military department concerned may, subject to subsection (d), defer the retirement or separation under subsection (a) of any officer other than a health professions officer described in subsection (b)(2) if the Secretary determines that such deferral is in the best interest of the military department concerned.

(d)Limitation on Deferment of Retirements.—
(1)

Except as provided in paragraph (2), a deferment under subsection (b) or (c) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.

(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)Retirement or Separation Based on Years of Creditable Service.—
(1)

The following rules shall apply to a regular commissioned officer who is to be retired or separated under subsection (a):

(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 section 1174(d)(1) of this title.

(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 section 1401 of this title.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-513 · 94 Stat. 2875
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1115
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1476
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1725
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3231
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2176
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4206
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3573, 3821

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case