10 U.S.C. § 12736 — Service credited for retired pay benefits not excluded for other benefits

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 70 words · no verdicts yet

in plain englishAI-generated · not legal advice

Service that counts toward a person's retired pay under this chapter still counts for other benefits too. This includes any annuity, pension, or old-age benefit tied to civilian federal employment or other work. This applies as long as that service is otherwise properly creditable.

If a period of service is used — wholly or partly — to determine a person's right to retired pay (or its amount) under this chapter, that same period cannot be excluded when figuring the person's eligibility for any other annuity, pension, or old-age benefit under any other law — whether that other benefit is based on civilian federal employment or something else — or when figuring the amount payable under that other law. This protection applies as long as the service is otherwise properly creditable under that other law.

the actual law source: uscode.house.gov ↗public domain

No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1336; renumbered § 12736 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1994Amended · Pub. L. 103-337 · 108 Stat. 2998, 3003

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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