Title 10 — Armed ForcesRelease 119-73
§12736 Service credited for retired pay benefits not excluded for other benefits
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1223— - RETIRED PAY FOR NON-REGULAR SERVICE › § 12736
Summary
Any time used to figure a person's military retired pay must also be allowed to count toward other annuities, pensions, or old‑age benefits and cannot be left out just because the person had civilian federal work or for any other reason, if the rules for those other benefits allow that service to be credited.
Full Legal Text
Title 10, §12736
Armed Forces — Source: USLM XML via OLRC
No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 133610:1036d (less 1st sentence).34:440l (less 1st sentence).June 29, 1948, ch. 708, § 305 (less 1st sentence), 62 Stat. 1089.
Editorial Notes
Amendments
1994—Pub. L. 103–337 renumbered section 1336 of this title as this section and restated catchline and text without change.
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. § 12736
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73