10 U.S.C. § 1305

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 1305 - Thirty years or more: regular warrant officers

(a)

(1) Subject to paragraphs (2) and (3), a regular warrant officer who has at least 30 years of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which the officer completes that service, except as provided by section 8301 of title 5.

(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.

(3) In the case of a regular Navy warrant officer in the grade of chief warrant officer, W- 5, or a Marine Corps Marine Gunner warrant officer in such grade, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.

(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 circumstances, 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 the warrant officer would otherwise be required to retire under this section.

(c) Under such regulations as the Secretary concerned may prescribe, the Secretary concerned may defer the retirement under subsection (a) of any warrant officer upon the recommendation of a board of officers and with the consent of the warrant officer, but not later than 60 days after the warrant officer becomes 62 years of age.

10 U.S.C. § 1305

Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87-649, §6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89-718, §3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 102-190, div. A, title XI, §1116, Dec. 5, 1991, 105 Stat. 1503; Pub. L. 109-364, div. A, title V, §505(c), Oct. 17, 2006, 120 Stat. 2179; Pub. L. 110-417, [div. A], title V, §501, Oct. 14, 2008, 122 Stat. 4432; Pub. L. 112-239, div. A, title V, §504, Jan. 2, 2013, 126 Stat. 1715; Pub. L. 118-31, div. A, title V, §509A, Dec. 22, 2023, 137 Stat. 243.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1305(a)	10:600(d) (as applicable to 10:600l(b)(2)).10:600l(b)(2) (last sentence).10:600r(c) (as applicable to 10:600l(b)(2)).34:135(d) (as applicable to 34:430(b)(2)).	May 29, 1954, ch. 249, §§2(d) (as applicable to §14(b)(2)), 14(b)(2), (e) (as applicable to (b)(2)), 21(c) (as applicable to §14(b)(2)), 68 Stat. 157, 163, 168.
	34:430(b)(2) (last sentence).
	34:430c (as applicable to 34:430(b)(2)).
1305(b)	10:600l(e) (as applicable to 10:600l(b)(2)).
	34:430(e) (as applicable to 34:430(b)(2)).
1305(c)	10:600l(b)(2) (less last sentence).
	34:430(b)(2) (less last sentence).

In subsection (a), the words "has at least" are substituted for the words "has completed". The words "and is not so continued on active service" and "on that date which" are omitted as surplusage. 10:600l(b)(2) (last 16 words of last sentence) and 34:430(b)(2) (last 16 words of last sentence) are omitted as covered by section 1315 of this title.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.In subsection (c), the words "the Secretary concerned may defer the retirement" are substituted for the words "in the discretion of the Secretary *** be continued on active service". The words "but not later than" are substituted for the words "but not beyond that date which is".

EDITORIAL NOTES

REFERENCES IN TEXTSection 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(1), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title.

AMENDMENTS2023-Subsec. (a)(3). Pub. L. 118-31, §509A(1), inserted "or a Marine Corps Marine Gunner warrant officer in such grade," after "chief warrant officer, W- 5,".Subsec. (b). Pub. L. 118-31, §509A(2), substituted "when the warrant officer" for "when he". Subsec. (c). Pub. L. 118-31, §509A(3), substituted "as the Secretary concerned" for "as he" and "after the warrant officer" for "after he".2013-Subsec. (a)(1). Pub. L. 112-239, §504(1), substituted "Subject to paragraphs (2) and (3), a regular warrant officer" for "A regular warrant officer (other than a regular Army warrant officer)" and "date on which the officer" for "date on which he". Subsec. (a)(3). Pub. L. 112-239, §504(2), added par. (3).2008-Subsec. (a). Pub. L. 110-417 designated existing provisions as par. (1), substituted "A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer" for "A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him", and added par. (2). 2006-Subsec. (a). Pub. L. 109-364 substituted "A regular warrant officer" for "(1) Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W- 5)", inserted "as a warrant officer" after "years of active service" and "the date on which" after "60 days after", and struck out par. (2) which read as follows:"(2)(A) A regular Army warrant officer in the grade of chief warrant officer, W- 5, who has at least 30 years of active service as a warrant officer that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5."(B) A regular Army warrant officer in a warrant officer grade below the grade of chief warrant officer, W- 5, who completes 24 years of active service as a warrant officer before he is required to be retired under paragraph (1) shall be retired 60 days after the date on which he completes 24 years of active service as a warrant officer, except as provided by section 8301 of title 5."1991-Subsec. (a). Pub. L. 102-190 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), a regular warrant officer (other than a regular Army warrant officer in the grade of chief warrant officer, W- 5)" for "A permanent regular warrant officer", and added par. (2). 1966-Subsec. (a). Pub. L. 89-718 substituted "8301" for "47a". 1962-Subsec. (a). Pub. L. 87-649 substituted "section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)" for "section 311 of title 37."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102-190, set out as a note under section 521 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active service: The term "active service" means service on active duty or full-time National Guard duty.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
uniformed services: The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.
warrant officer: The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.