Title 10Armed ForcesRelease 119-73

§12735 Inactive status list

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1223— - RETIRED PAY FOR NON-REGULAR SERVICE › § 12735

Last updated Apr 6, 2026|Official source

Summary

If a member would qualify for retired pay under this chapter but is under 60, they can ask to be placed on an inactive status list, and the Secretary in charge can order that move for members of that armed force who are not in a regular component. While on the inactive list, the member does not have to take part in any training or other programs required for their component. The Secretary in charge may bring a member off the inactive list and return them to active status at any time.

Full Legal Text

Title 10, §12735

Armed Forces — Source: USLM XML via OLRC

(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).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

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

Amendments

1994—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 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12735

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73