U.S. Code
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Title 10
» Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1223— RETIRED PAY FOR NON-REGULAR SERVICE
10 U.S.C. § 12735
Inactive status list
(a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.(b) While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.(c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).(Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1335; renumbered § 12735 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)Historical and Revision Notes |
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1335(a) 1335(b) | 10:1036g (1st sentence). 34:440o (1st sentence). 10:1036g (2d sentence, less last 41 words). 34:440o (2d sentence, less last 41 words). | June 29, 1948, ch. 708, § 308 (less last 41 words of 2d sentence), 62 Stat. 1090. |
1335(c) | 10:1036g (less 1st and 2d sentences). | |
| 34:440o (less 1st and 2d sentences). | |
In subsection (a), the words “would be eligible but for the fact that he is under 60 years of age” are substituted for the words “has not attained the age of sixty years but is eligible in all other respects”. The words “for members of his armed force, other than members of a regular component” are substituted for the words “for the reserve components of the Army of the United States or Air Force of the United States”, since the source statute applied to all members except members of the regular components. The words “as has been, or” and “by law or regulation” are omitted as surplusage.
In subsection (b), the words “after the effective date of such transfer” are omitted as surplusage.
In subsection (c), 10:1036g (last 32 words of last sentence) and 34:440o (last 32 words of last sentence) are omitted as surplusage.
Editorial NotesAmendments1994—Pub. L. 103–337 renumbered section 1335 of this title as this section and amended text generally, making changes in style.
Statutory Notes and Related SubsidiariesEffective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Notes of Decisions
United States v. Begani (N.M.C.C.A. 2020).
“For most of our Nation’s history, the Supreme Court took a “hands-off” approach to courts-martial.”
Henrikson v. United States (Fed. Cl. 2022).
“His transfer was effected pursuant to 10 U.S.C. § 12735 (a), which states that a service member “who would be eligible for retired pay .”
Henrikson v. United States (Fed. Cl. 2022).
“His transfer was effected pursuant to 10 U.S.C. § 12735 (a), which states that a service member “who would be eligible for retired pay .”
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