Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle E - RESERVE COMPONENTSPart II - PERSONNEL GENERALLY
Chapter 1223 - RETIRED PAY FOR NON-REGULAR SERVICE
Section 12735 - Inactive status list

10 U.S.C. § 12735

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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).

10 U.S.C. § 12735

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 NOTE
Revised sectionSource (U.S. Code)Source (Statutes at Large)
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 NOTES

AMENDMENTS1994- 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 SUBSIDIARIES

EFFECTIVE DATE OF 1994 AMENDMENT Amendment 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.

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 status
The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.