§1209 — Title 10 Armed Forces | U.S. Code

Summary

A service member with at least 20 years of service (as figured under section 12732) who would otherwise qualify for retirement but whose disability is rated under 30% by the VA at the time of the decision can choose to be moved to the inactive status list under section 12735 and, if otherwise eligible, to receive retired pay under section 12739 when they turn 60.

Title 10, §1209

Armed Forces — Source: USLM XML via OLRC

Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 120937:272(g).Oct. 12, 1949, ch. 681, § 402(g), 63 Stat. 820. The words “Notwithstanding the foregoing provisions of this section”, “satisfactory Federal”, and “and receiving disability severance pay” are omitted as surplusage. The words “at the time of the determination” are substituted for the word “current”. The word “otherwise” is substituted for the words “in all other respects”.

Editorial Notes

Amendments

1996—Pub. L. 104–106 substituted “section 12732” for “section 1332”, “section 12735” for “section 1335”, and “section 12739” for “chapter 71”. 1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.

§1209 Transfer to Inactive Status List Instead of Separation