United States Code (Last Updated: May 24, 2014) |
Title 10. ARMED FORCES |
SubTitle C. Navy and Marine Corps |
Part II. PERSONNEL |
Chapter 571. VOLUNTARY RETIREMENT |
§ 6330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay
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(a) The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section. (b) An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve. (c) (1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under section 6333 of this title. (2) A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer. (3) If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent. (d) (1) For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded. (2) In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)— (A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977 ; and(B) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977 .(3) (A) Subject to subparagraph (B), in determining a member’s years of active service for the computation of retainer pay under subsection (c)— (i) a completed minority enlistment of the member is counted as four years of active service; and (ii) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term. (B) In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977 , service attributable under subparagraph (A) to time which, afterDecember 31, 1977 , is not actually served by the member may not be counted.
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
6330 | 34 U.S.C. 854 (less proviso). | June 25, 1938, ch. 690, § 201 (less proviso), 52 Stat. 1178. |
| 34 U.S.C. 854 (note). | July 9, 1952, ch. 608, § 803 (2d sentence of 1st par.), 66 Stat. 505. |
| 34 U.S.C. 854c (less 4th, 5th, 6th (as applicable to 34 U.S.C. 854b) and 7th provisos). | June 25, 1938, ch. 690, § 204 (less 4th, 5th, 6th (as applicable to § 203 of the Naval Reserve Act of 1938), and 7th provisos), 52 Stat. 1170; Aug. 10, 1946, ch. 952, § 2, 60 Stat. 993. |
| 34 U.S.C. 854a (less provisos). | June 25, 1938, ch. 690, § 202 (less provisos), 52 Stat. 1178. |
In subsection (a) the words “officers” and “assigned” are omitted, since they are applicable only to the proviso in 34 U.S.C. 854, which is recommended for repeal as obsolete. (See Table 2A.) The words “including (a) those former members of the Fleet Reserve who were transferred * * * but before the expiration of three months following discharge”, appearing in § 803 of the Armed Forces Reserve Act of 1952, 66 Stat. 505 (34 U.S.C. 854 (note)) are omitted as surplusage. These words merely illustrate the class of persons transferred to the Fleet Reserve under the Naval Reserve Act of 1938, 52 Stat. 1178, as referred to in the section from which these words were taken, and in no way limit that class or impose a citizenship requirement for membership in it. (See the opinion of the Judge Advocate General of the Navy, JAG:II:1:JFG:imz of
In subsection (b) reference to the date
In subsections (b) and (c) the term “active service in the armed forces” is substituted for the term “active Federal service” to execute the definition in the last sentence of 34 U.S.C. 854c.
In subsection (c) the words “is entitled, when not on active duty, to retainer pay at the rate of 2½ percent of the basic pay that he received at the time of transfer” are substituted for the words “except when on active duty, shall be paid at the annual rate of 2½ per centum of the annual base and longevity pay they are receiving at the time of transfer” to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).
Subsection (d) states the rule as to the method of counting minority and short-term enlistments, in connection with determining active service, in accordance with White v. United States, 97 F. Supp. 698.
Amendments
2006—Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
1989—Subsec. (a). Pub. L. 101–189 substituted “under this section.” for “under—
“(1) Title II of the Naval Reserve Act of 1938 (52 Stat. 1178), as amended; or
“(2) this section.”
1986—Subsec. (c)(1). Pub. L. 99–348, § 203(b)(6)(A), substituted provision that retainer pay be computed under section 6333 for provision that retainer pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before
Subsec. (c)(4). Pub. L. 99–348, § 203(b)(6)(B), struck out par. (4) which provided that in no case could a member’s retainer pay be more than 75 percent of the basic pay or monthly retainer pay base upon which computation of retainer pay was based.
Subsec. (d). Pub. L. 99–348, § 305(a)(1), designated existing provisions as par. (1), struck out provision that a completed minority enlistment be counted as four years of active service and an enlistment terminated within three months before the end of the term be counted as active service for the full term, and added pars. (2) and (3).
1983—Subsec. (d). Pub. L. 98–94 substituted “For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “For the purposes of subsections (b) and (c), a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”.
1980—Subsec. (c). Pub. L. 96–513 substituted “
Pub. L. 96–342 amended subsec. (c) generally, designating existing provisions as pars. (1) to (4) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision limiting applicability to persons who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B), in par. (2) inserted reference to section 1402a of this title, and in par. (4) added applicability to monthly retainer pay base.
1967—Subsec. (c). Pub. L. 90–207 inserted “, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer” after “armed forces”.
1958—Subsec. (a). Pub. L. 85–583, § 1(2), substituted “naval service” for “Regular Navy and the Regular Marine Corps, respectively,”.
Subsec. (b). Pub. L. 85–583, § 1(3), inserted “or the Naval Reserve” after “Regular Navy” and “or the Marine Corps Reserve” after “Regular Marine Corps”.
Effective Date Of Amendment
Amendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after
Amendment by Pub. L. 96–513 effective
Amendment by Pub. L. 90–207 effective
Miscellaneous
For provisions authorizing the Secretary of the Navy, during the period beginning
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8039],
Act July 24, 1956, ch. 683, 70 Stat. 626, provided: