10 U.S.C. § 9346

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 9346 - Retired lists

(a) The Secretary of the Air Force shall maintain a retired list containing the name of each retired commissioned officer of the Regular Air Force and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)).

(b)

(1) The Secretary shall maintain a retired list containing the name of-

(A) each person entitled to retired pay under any law providing retired pay for commissioned officers of the Air Force, other than of the Regular Air Force; and

(B) each retired warrant officer or enlisted member of the Air Force who is advanced to a commissioned grade.

(2) The Secretary shall maintain a retired list containing the name of-

(A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and

(B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade.

(c) The Secretary shall maintain a retired list containing the name of each retired warrant officer of the Air Force and a separate retired list containing the name of each retired warrant officer of the Space Force.

(d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Air Force and a separate retired list containing the name of each retired enlisted member of the Space Force.

10 U.S.C. § 9346

Aug. 10, 1956, ch. 1041, 70A Stat. 556, §8966; Pub. L. 85-861, §1(199), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 100-180, div. A, title V, §512(d)(3), Dec. 4, 1987, 101 Stat. 1090; renumbered § 9346,Pub. L. 115-232, div. A, title VIII, §806(b)(14)9346,, 132 Stat. 1833; Pub. L. 116-283, div. A, title IX, §923(c)(21)(C), Jan. 1, 2021, 134 Stat. 3812; Pub. L. 118-31, div. A, title XVII, §1719A(b)(4), Dec. 22, 2023, 137 Stat. 664.

HISTORICAL AND REVISION NOTES 1956 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8966(a)8966(b)8966(c)	10:1001.10:1036.[No source].	June 29, 1948, ch. 708, §§201, 301(a), 62 Stat. 1084, 1087.
8966(d)	[No source].

In subsections (a), (b), and (d), the word "maintain" is substituted for the word "establish", and in subsection (c) the word "maintain" is substituted for the word "established", since the lists have been established and are published annually.In subsection (a), the words "Effective upon June 29, 1948" are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title, laws referring to the limited or unlimited retired list will be expressly repealed.In subsection (b), the word "shall" is substituted for the word "may", since 10:1036 further requires that such a list be published annually in the Register. The requirement as to publication necessarily implies that the list must be maintained.Subsection (b)(1) is substituted for the words "all commissioned officers and former commissioned officers * * * or the Air Force of the United States, as the case may be * * * or the Regular Air Force, heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter enacted to provide retirement pay for commissioned officers * * * or the Regular Air Force".In subsection (b)(2), the words "who is advanced to a commissioned grade" are substituted for the words "heretofore or hereafter retired under any provision of law who, by reason of service in temporary commissioned grades * * * or the Air Force of the United States, or in any of the respective components thereof, are entitled to be retired with commissioned rank or grade". Subsections (c) and (d) are inserted, since sections 8964 and 8965 of this title refer to service on the retired list as a warrant officer or enlisted member.

1958 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8966(a)8966(b)	10 App.:1001.10 App.:1036.	July 24, 1956, ch. 677, §2(f), (g), 70 Stat. 623.

EDITORIAL NOTES

PRIOR PROVISIONSPrior sections 9346 to 9356 were renumbered sections 9446 to 9456 of this title, respectively.Another prior section 9356, added Pub. L. 103-337, div. A, title V, §556(c)(1), Oct. 5, 1994, 108 Stat. 2775, related to position of athletic director of Academy and to administration of nonappropriated fund account for athletics program of Academy, prior to repeal by Pub. L. 104-106, div. A, title V, §533(c)(1), Feb. 10, 1996, 110 Stat. 315.Prior sections 9357 to 9360 were renumbered sections 9457 to 9460 of this title, respectively.

AMENDMENTS2023-Subsec. (a). Pub. L. 118-31, §1719A(b)(4)(A), substituted "and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2))" for "or the Regular Space Force".Subsec. (b). Pub. L. 118-31, §1719A(b)(4)(B)(i), (ii), (v), inserted par. (1) designation before "The Secretary", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (b)(1)(A). Pub. L. 118-31, §1719A(b)(4)(B)(iii), struck out ", or for commissioned officers of the Space Force other than of the Regular Space Force" after "Regular Air Force".Subsec. (b)(1)(B). Pub. L. 118-31, §1719A(b)(4)(B)(iv), struck out "or the Space Force" after "Air Force".Subsec. (c). Pub. L. 118-31, §1719A(b)(4)(C), substituted "and a separate retired list containing the name of each retired warrant officer of the Space Force" for "or the Space Force". Subsec. (d). Pub. L. 118-31, §1719A(b)(4)(D), substituted "and a separate retired list containing the name of each retired enlisted member of the Space Force" for "or the Regular Space Force". 2021-Subsec. (a). Pub. L. 116-283, §923(c)(21)(C)(i), inserted "or the Regular Space Force" after "Regular Air Force". Subsec. (b)(1). Pub. L. 116-283, §923(c)(21)(C)(ii), inserted ", or for commissioned officers of the Space Force other than of the Regular Space Force" after "Regular Air Force".Subsec. (b)(2). Pub. L. 116-283, §923(c)(21)(C)(iii), inserted "or the Space Force" after "Air Force".Subsec. (c). Pub. L. 116-283, §923(c)(21)(C)(iii), inserted "or the Space Force" after "Air Force".Subsec. (d). Pub. L. 116-283, §923(c)(21)(C)(i), inserted "or the Regular Space Force" after "Regular Air Force". 2018- Pub. L. 115-232 renumbered section 8966 of this title as this section. 1987-Subsec. (b)(2). Pub. L. 100-180 struck out "Regular" before "Air Force". 1958- Pub. L. 85-861 struck out provisions in subsecs. (a) and (b) which required annual publication in official Air Force Register of the retired list.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232 set out as a note preceding section 3001 of this title.

commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
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.
rank: The term "rank" means the order of precedence among members of the armed forces.
warrant officer: The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.