10 U.S.C. § 1331
Reference to chapter 1223
Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).
Notes of Decisions
Cited in 61
cases (1 in the last 5 years), 1961–2025 · leading case: Cooper v. United States, 203 Ct. Cl. 300 (Ct. Cl. 1973).
Cooper v. United States, 203 Ct. Cl. 300 (Ct. Cl. 1973). “Plaintiff was retired as a lieutenant colonel, USAR, on June 1, 1967, pursuant to 10 U.S.C. § 1331 . He contends that he should have been retired in the higher grade since his original appointment as captain did not reflect n.”
Kirby v. United States, 201 Ct. Cl. 527 (Ct. Cl. 1973). “§8914 provides: “* * * a regular enlisted member of the Air Force who has at least 20, but less than 30, years of service computed under section 8925 of this title may, upon his request, be retired.”
Alexander v. Fioto, 430 U.S. 634 (1977). “1 However, under 10 U. S. C. § 1331 (c), those who had been in the Reserves before World War II are not eligible for benefits unless they performed active duty during wartime.”
Montilla v. United States, 198 Ct. Cl. 48 (Ct. Cl. 1972). “The opinion of the court follows: The question to be decided by the court in this case is whether the plaintiff, who has been a commissioned officer in the Army Eeserve since March 1934 and who has been 60 years of age since March 1966, is entitled to receive retired pay from…”
Garcia v. United States, 223 Ct. Cl. 110 (Ct. Cl. 1980). “, filed suit in this court on May 12, 1978, seeking military retirement pay under 10 U.S.C. § 1331 1 for the period from October 6, 1967, to *112 October 18,1970.”
United States v. Allen, 33 M.J. 209 (1991). “Appellant’s brief erroneously asserts that he was retired under 10 USC § 1331 , the statute establishing the payment of reserve annuities.”
Mayer v. United States, 201 Ct. Cl. 105 (Ct. Cl. 1973). “The question before the court is whether plaintiff is entitled to military retirement pay under the terms of 10 U.S.C. §§ 1331 and 1332. Specifically, the question is whether plaintiff, notwithstanding the fact that he has satisfied the minimum age and length of service…”
Dehne v. United States, 23 Cl. Ct. 606 (Ct. Cl. 1991). “10 U.S.C. § 1331 (a)(2) (Retired Pay for Non Regular Service; Age and Service Requirements) 10 U.”
Ex Parte Burson, 615 S.W.2d 192 (Tex. 1981). “, 10 U.S.C. §§ 1331 et seq., and 38 U.S.C. §§ 3101 et seq.”
Gant v. United States, 18 Cl. Ct. 442 (Ct. Cl. 1989). “10 U.S.C. § 1331 outlines age and service requirements for retirement pay: (a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay .”
Thomas B. Sawyer v. Cnty. of Sonoma & Ret. Bd. of the Cnty. of Sonoma, Defendants, 719 F.2d 1001 (9th Cir. 1983). “§ 1336 provides: No period of service included wholly or in part in determining a person’s right to, or the amount of, retired pay under this chapter [ 10 U.S.C. §§ 1331 et seq.] may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under…”
Sawyer v. Sawyer, 335 S.E.2d 277 (Va. Ct. App. 1985). “His right to a military pension *79 did not accrue until the day he had served twenty years, 10 U.S.C. § 1331 (a)(2)' (1982), which occurred during the marriage.”
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