CHAPTER 943—RETIRED GRADE
9342.
Higher grade for service in special positions.
9343.
Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct.
9344.
Higher grade after 30 years of service: warrant officers and enlisted members.
9345.
Restoration to former grade: retired warrant officers and enlisted members.
Editorial Notes
Prior Provisions
A prior chapter 943, consisting of sections 9681 to 9686, related to disposal of obsolete or surplus material, prior to renumbering as chapter 973 of this title.
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 869 of this title as this chapter and items 8961 to 8966 as 9341 to 9346, respectively.
1996—Pub. L. 104–201, div. A, title V, §532(c)(2), Sept. 23, 1996, 110 Stat. 2520, added item 8963.
1988—Pub. L. 100–456, div. A, title XII, §1233(i)(2)(B), Sept. 29, 1988, 102 Stat. 2058, substituted "retired" for "Regular Air Force" in item 8965.
1987—Pub. L. 100–180, div. A, title V, §512(e)(3), Dec. 4, 1987, 101 Stat. 1091, substituted "warrant officers and enlisted members" for "Air Force warrant officers; regular enlisted members" in item 8964.
1985—Pub. L. 99–145, title XIII, §1301(d)(2)(B), Nov. 8, 1985, 99 Stat. 736, struck out item 8963 "Higher grade for service during certain periods: regular and reserve commissioned officers".
1980—Pub. L. 96–343, §13(b)(3), Sept. 8, 1980, 94 Stat. 1131, substituted "positions" for "positions: regular commissioned officers" in item 8962.
§9341. General rule
(a)(1) The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability is determined under section 1370 of this title.
(2) The retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability is determined under section 1370a of this title.
(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Air Force not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member's retirement.
(c) Space Force.—(1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.
(2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554, §8961; Pub. L. 96–513, title V, §504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, §1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 106–398, §1 [[div. A], title V, §506(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-102; renumbered §9341, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title V, §508(b)(4), Jan. 1, 2021, 134 Stat. 3585; Pub. L. 118–31, div. A, title XVII, §1719A(b)(2), Dec. 22, 2023, 137 Stat. 664.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 8961 |
10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade). 10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade). 10:947a (last 11 words). |
Aug. 7, 1947, ch. 512, §§514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 902, 905. |
| |
10:1025. |
Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504. |
| |
|
R.S. 1254. |
The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.
Editorial Notes
Prior Provisions
Prior sections 9341 and 9341a were renumbered sections 9441 and 9441a of this title, respectively.
Amendments
2023—Subsec. (a). Pub. L. 118–31, §1719A(b)(2)(A), struck out "or the Space Force" after "Air Force" in pars. (1) and (2).
Subsec. (b). Pub. L. 118–31, §1719A(b)(2)(B), struck out "or a Regular or Reserve of the Space Force" after "Air Force".
Subsec. (c). Pub. L. 118–31, §1719A(b)(2)(C), added subsec. (c).
2021—Subsec. (a). Pub. L. 116–283, §508(b)(4)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: "The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title."
Subsec. (b). Pub. L. 116–283, §508(b)(4)(B), inserted "or a Regular or Reserve of the Space Force" after "Air Force" and substituted "the member" for "he" and "the member's" for "his".
2018—Pub. L. 115–232 renumbered section 8961 of this title as this section.
2000—Subsec. (a). Pub. L. 106–398 struck out "or for nonregular service under chapter 1223 of this title" before ", is determined".
1994—Subsec. (a). Pub. L. 103–337 substituted "chapter 1223" for "chapter 67".
1980—Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted "not covered by subsection (a)" after "a Regular or Reserve of the Air Force".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–398 applicable to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after Oct. 1, 1996, see section 1 [[div. A], title V, §506(c)] of Pub. L. 106–398, set out as a note under section 7341 of this title.
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.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
§9342. Higher grade for service in special positions
Upon retirement, any permanent professor of the United States Air Force Academy whose grade is below brigadier general, and whose service as such a professor has been long and distinguished, may, in the discretion of the President, be retired in the grade of brigadier general.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554, §8962; Pub. L. 85–861, §1(197), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 89–288, §6, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96–343, §13(b)(1), (2), Sept. 8, 1980, 94 Stat. 1131; Pub. L. 96–513, title V, §504(20), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 104–106, div. A, title V, §502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293; renumbered §9342, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833.)
Historical and Revision Notes
1956 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 8962(a) 8962(b) 8962(c) |
10:506b(d) (less 1st and last provisos). 5:627b(h) (1st 42 words of 3d proviso). 10:1079a(b) (less proviso). |
Aug. 7, 1947, ch. 512, §§504(d) (less 1st and last provisos), 520(b) (less proviso), 61 Stat. 888, 912. June 12, 1948, ch. 449, §303(h) (1st 42 words of 3d proviso), 62 Stat. 372. |
In subsection (a), the words "who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title" are substituted for the words "while serving in accordance with the provisions of subsection (b) or (c) of this section".
In subsection (b), the words "in that grade" are substituted for the words "in such higher temporary grade". The words "under section 8071 of this title" are inserted for clarity.
In subsection (c), the words "Upon retirement" are substituted for the words "When * * * is retired". The word "allowances" is omitted, since retired officers are not entitled to allowances. The words "grade is below brigadier general" are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under section 9335 of this title.
1958 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 8962 |
[No source]. |
[No source]. |
The amendment reflects section 1 of the Act of May 31, 1956, ch. 348 (70 Stat. 222), which in effect amended section 8963 of this title to cover regular and reserve officers covered by section 8962(b). As to temporary officers, section 8962(b) is obsolete. (See opinion of the Judge Advocate General of the Air Force, May 2, 1957.)
Editorial Notes
Prior Provisions
A prior section 9342 was renumbered section 9442 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 8962 of this title as this section.
1996—Pub. L. 104–106 designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: "Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty."
1980—Pub. L. 96–343, §13(b)(2), substituted "positions" for "positions: regular commissioned officers" in section catchline.
Subsec. (a). Pub. L. 96–513 substituted "or (4)" for "(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 8066 of this title, or (5)".
Pub. L. 96–343, §13(b)(1), substituted "Air Force who has" for "Regular Air Force who has" and "in which he served on active duty" for "held by him at any time on the active list".
1965—Subsec. (a). Pub. L. 89–288 added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.
1958—Subsecs. (b), (c). Pub. L. 85–861 redesignated subsec. (c) as (b), and struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under section 8071 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Appointment by President of Retired Commissioned Officer of Reserve Component to Higher Retired Grade; Recalculation of Pay
For authority of the President to appoint a retired commissioned officer of a reserve component to a higher retired grade and for recalculation of pay, see section 13(c) of Pub. L. 96–343, set out as a note under section 7342 of this title.
Retired Grade for Certain General Officers
Extension of privilege granted by subsec. (a) of this section, to officers, heretofore or hereafter retired, who served in the grade of general or lieutenant general after Dec. 7, 1941, and before July 1, 1946, see section 38 of act Aug. 10, 1956, set out as a note under section 7342 of this title.
§9343. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member's misconduct
(a) A Reserve enlisted member of the Air Force described in subsection (b) who is retired under section 9314 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Air Force.
(b) This section applies to a Reserve enlisted member who—
(1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard duty); and
(2) was previously administratively reduced in grade not as a result of the member's own misconduct, as determined by the Secretary of the Air Force.
(c) This section applies with respect to Reserve enlisted members who are retired under section 9314 of this title after September 30, 1996.
(Added Pub. L. 104–201, div. A, title V, §532(c)(1), Sept. 23, 1996, 110 Stat. 2519, §8963; renumbered §9343 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
Editorial Notes
Prior Provisions
A prior section 9343 was renumbered section 9443 of this title.
Amendments
2018—Pub. L. 115–232, §806(b)(14), renumbered section 8963 of this title as this section.
Subsecs. (a), (c). Pub. L. 115–232, §809(a), substituted "section 9314" for "section 8914".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
§9344. Higher grade after 30 years of service: warrant officers and enlisted members
(a) Each retired member of the Air Force or the Space Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force.
(b) This section applies to—
(1) warrant officers of the Air Force or the Space Force;
(2) enlisted members of the Regular Air Force or the Space Force; and
(3) reserve enlisted members of the Air Force or the Space Force who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time duty).
(Aug. 10, 1956, ch. 1041, 70A Stat. 555, §8964; Pub. L. 85–861, §1(198A), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 98–525, title V, §533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100–180, div. A, title V, §512(c), Dec. 4, 1987, 101 Stat. 1090; renumbered §9344, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, §923(c)(21)(A), Jan. 1, 2021, 134 Stat. 3812; Pub. L. 118–31, div. A, title XVII, §1719A(b)(3), Dec. 22, 2023, 137 Stat. 664.)
Historical and Revision Notes
1956 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 8964 |
10:594 (1st proviso, less last 39 words; and last proviso). 10:1004 (less 30 words before proviso). |
Aug. 21, 1941, ch. 384, §5 (1st proviso, less last 39 words; and last proviso); restated June 29, 1948, ch. 708, §203 (c) (1st proviso, less last 39 words; and last proviso), 62 Stat. 1085; May 29, 1954, ch. 249, §19(f), 68 Stat. 167. |
| |
|
June 29, 1948, ch. 708, §203(e) (less 30 words before proviso), 62 Stat. 1086. |
The words "when his active service plus his service on the retired list totals 30 years" are substituted for the words "upon the completion of thirty years' [years of] service, to include the sum of his active service and his service on the retired list", in 10:594 and 1004. The words "under any provision of law", in 10:594 and 1004; "officer, flight officer, or warrant officer", in 10:594; and "commissioned, warrant, or enlisted", in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title.
Editorial Notes
Prior Provisions
A prior section 9344, act Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98–94, title X, §1004(c)(1), Sept. 24, 1983, 97 Stat. 659; Pub. L. 105–85, div. A, title V, §543(c), Nov. 18, 1997, 111 Stat. 1744; Pub. L. 106–65, div. A, title V, §534(c), Oct. 5, 1999, 113 Stat. 605; Pub. L. 106–398, §1 [[div. A], title V, §532(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-110; Pub. L. 107–107, div. A, title V, §533(c)(1), (2), Dec. 28, 2001, 115 Stat. 1106, related to selection of persons from foreign countries to receive instruction at the United States Air Force Academy, prior to repeal by Pub. L. 114–328, div. A, title XII, §1248(b)(1), Dec. 23, 2016, 130 Stat. 2525. See section 347 of this title.
Amendments
2023—Subsec. (b)(2). Pub. L. 118–31 struck out "Regular" before "Space Force".
2021—Subsec. (a). Pub. L. 116–283, §923(c)(21)(A)(i), inserted "or the Space Force" after "member of the Air Force".
Subsec. (b)(1). Pub. L. 116–283, §923(c)(21)(A)(ii)(I), inserted "or the Space Force" after "Air Force".
Subsec. (b)(2). Pub. L. 116–283, §923(c)(21)(A)(ii)(II), inserted "or the Regular Space Force" after "Regular Air Force".
Subsec. (b)(3). Pub. L. 116–283, §923(c)(21)(A)(ii)(I), inserted "or the Space Force" after "Air Force".
2018—Pub. L. 115–232 renumbered section 8964 of this title as this section.
1987—Pub. L. 100–180 substituted "warrant officers and enlisted members" for "Air Force warrant officers; regular enlisted members" in section catchline, and amended text generally. Prior to amendment, text read as follows: "Each warrant officer of the Air Force, and each enlisted member of the Regular Air Force, who is retired before or after this title is enacted is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the grade that is equal to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Air Force."
1984—Pub. L. 98–525 substituted "highest grade" for "highest temporary grade".
1958—Pub. L. 85–861 struck out "after September 8, 1940 and before July 1, 1946" after "Secretary of the Air Force".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–180 applicable to any reserve enlisted member who completes 30 years of service in Armed Forces before, on, or after Dec. 4, 1987, and no person to be paid retired pay at higher rate by reason of enactment of Pub. L. 100–180 for any period before Dec. 4, 1987, see section 512(f) of Pub. L. 100–180, set out as a note under section 3964 of this title.
§9345. Restoration to former grade: retired warrant officers and enlisted members
Each retired warrant officer or enlisted member of the Air Force or the Space Force who has been advanced on the retired list to a higher commissioned grade under section 9344 of this title, and who applies to the Secretary of the Air Force within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant-officer or enlisted status, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 555, §8965; Pub. L. 100–180, div. A, title V, §512(d)(3), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, §1233(i)(2)(A), Sept. 29, 1988, 102 Stat. 2058; renumbered §9345 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, §923(c)(21)(B), Jan. 1, 2021, 134 Stat. 3812.)
The words "hereafter", "rank or", and "shall thereafter be deemed to be enlisted or warrant officer personnel, as appropriate, for all purposes" are omitted as surplusage. The words "three months from June 29, 1948" and "whichever is later" are omitted as executed.
Editorial Notes
Prior Provisions
A prior section 9345, added Pub. L. 105–85, div. A, title V, §542(c)(1), Nov. 18, 1997, 111 Stat. 1742; amended Pub. L. 106–65, div. A, title V, §535(c), Oct. 5, 1999, 113 Stat. 606; Pub. L. 109–364, div. A, title V, §531(c), Oct. 17, 2006, 120 Stat. 2199, related to exchange program with foreign military academies, prior to repeal by Pub. L. 114–328, div. A, title XII, §1248(b)(1), Dec. 23, 2016, 130 Stat. 2525.
Another prior section 9345, act Aug. 10, 1956, ch. 1041, 70A Stat. 565, related to selection of Filipinos for instruction at the Air Force Academy, prior to repeal by Pub. L. 98–94, title X, §1004(c)(2), (d), Sept. 24, 1983, 97 Stat. 660, effective one year after Sept. 24, 1983.
A prior section 9345a, added Pub. L. 110–417, [div. A], title V, §541(c)(1), Oct. 14, 2008, 122 Stat. 4456; amended Pub. L. 113–291, div. A, title V, §553(c), Dec. 19, 2014, 128 Stat. 3377, related to foreign and cultural exchange activities, prior to repeal by Pub. L. 114–328, div. A, title XII, §1248(b)(1), Dec. 23, 2016, 130 Stat. 2525.
Amendments
2021—Pub. L. 116–283 inserted "or the Space Force" after "member of the Air Force".
2018—Pub. L. 115–232 renumbered section 8965 of this title as this section and substituted "section 9344" for "section 8964".
1988—Pub. L. 100–456 substituted "retired" for "Regular Air Force" in section catchline.
1987—Pub. L. 100–180 struck out "Regular" before "Air Force who".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
§9346. Retired lists
(a) The Secretary of the Air Force shall maintain a retired list containing the name of each retired commissioned officer of the Regular Air Force and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)).
(b)(1) The Secretary shall maintain a retired list containing the name of—
(A) each person entitled to retired pay under any law providing retired pay for commissioned officers of the Air Force, other than of the Regular Air Force; and
(B) each retired warrant officer or enlisted member of the Air Force who is advanced to a commissioned grade.
(2) The Secretary shall maintain a retired list containing the name of—
(A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and
(B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade.
(c) The Secretary shall maintain a retired list containing the name of each retired warrant officer of the Air Force and a separate retired list containing the name of each retired warrant officer of the Space Force.
(d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Air Force and a separate retired list containing the name of each retired enlisted member of the Space Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 556, §8966; Pub. L. 85–861, §1(199), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 100–180, div. A, title V, §512(d)(3), Dec. 4, 1987, 101 Stat. 1090; renumbered §9346, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, §923(c)(21)(C), Jan. 1, 2021, 134 Stat. 3812; Pub. L. 118–31, div. A, title XVII, §1719A(b)(4), Dec. 22, 2023, 137 Stat. 664.)
In subsections (a), (b), and (d), the word "maintain" is substituted for the word "establish", and in subsection (c) the word "maintain" is substituted for the word "established", since the lists have been established and are published annually.
In subsection (a), the words "Effective upon June 29, 1948" are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title, laws referring to the limited or unlimited retired list will be expressly repealed.
In subsection (b), the word "shall" is substituted for the word "may", since 10:1036 further requires that such a list be published annually in the Register. The requirement as to publication necessarily implies that the list must be maintained.
Subsection (b)(1) is substituted for the words "all commissioned officers and former commissioned officers * * * or the Air Force of the United States, as the case may be * * * or the Regular Air Force, heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter enacted to provide retirement pay for commissioned officers * * * or the Regular Air Force".
In subsection (b)(2), the words "who is advanced to a commissioned grade" are substituted for the words "heretofore or hereafter retired under any provision of law who, by reason of service in temporary commissioned grades * * * or the Air Force of the United States, or in any of the respective components thereof, are entitled to be retired with commissioned rank or grade".
Subsections (c) and (d) are inserted, since sections 8964 and 8965 of this title refer to service on the retired list as a warrant officer or enlisted member.
Editorial Notes
Prior Provisions
Prior sections 9346 to 9356 were renumbered sections 9446 to 9456 of this title, respectively.
Another prior section 9356, added Pub. L. 103–337, div. A, title V, §556(c)(1), Oct. 5, 1994, 108 Stat. 2775, related to position of athletic director of Academy and to administration of nonappropriated fund account for athletics program of Academy, prior to repeal by Pub. L. 104–106, div. A, title V, §533(c)(1), Feb. 10, 1996, 110 Stat. 315.
Prior sections 9357 to 9360 were renumbered sections 9457 to 9460 of this title, respectively.
Amendments
2023—Subsec. (a). Pub. L. 118–31, §1719A(b)(4)(A), substituted "and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2))" for "or the Regular Space Force".
Subsec. (b). Pub. L. 118–31, §1719A(b)(4)(B)(i), (ii), (v), inserted par. (1) designation before "The Secretary", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Subsec. (b)(1)(A). Pub. L. 118–31, §1719A(b)(4)(B)(iii), struck out ", or for commissioned officers of the Space Force other than of the Regular Space Force" after "Regular Air Force".
Subsec. (b)(1)(B). Pub. L. 118–31, §1719A(b)(4)(B)(iv), struck out "or the Space Force" after "Air Force".
Subsec. (c). Pub. L. 118–31, §1719A(b)(4)(C), substituted "and a separate retired list containing the name of each retired warrant officer of the Space Force" for "or the Space Force".
Subsec. (d). Pub. L. 118–31, §1719A(b)(4)(D), substituted "and a separate retired list containing the name of each retired enlisted member of the Space Force" for "or the Regular Space Force".
2021—Subsec. (a). Pub. L. 116–283, §923(c)(21)(C)(i), inserted "or the Regular Space Force" after "Regular Air Force".
Subsec. (b)(1). Pub. L. 116–283, §923(c)(21)(C)(ii), inserted ", or for commissioned officers of the Space Force other than of the Regular Space Force" after "Regular Air Force".
Subsec. (b)(2). Pub. L. 116–283, §923(c)(21)(C)(iii), inserted "or the Space Force" after "Air Force".
Subsec. (c). Pub. L. 116–283, §923(c)(21)(C)(iii), inserted "or the Space Force" after "Air Force".
Subsec. (d). Pub. L. 116–283, §923(c)(21)(C)(i), inserted "or the Regular Space Force" after "Regular Air Force".
2018—Pub. L. 115–232 renumbered section 8966 of this title as this section.
1987—Subsec. (b)(2). Pub. L. 100–180 struck out "Regular" before "Air Force".
1958—Pub. L. 85–861 struck out provisions in subsecs. (a) and (b) which required annual publication in official Air Force Register of the retired list.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.