Us Code § 1209 - Transfer to inactive status list instead of separation
Full text of Us Code United States Code § 1209 — Transfer to inactive status list instead of separation, with citation guidance and answers to common questions.
§ 1209. Transfer to inactive status list instead of separation
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, §1501(c)(14), Feb. 10, 1996, 110 Stat. 499.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1209 | 37:272(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 L. 103–337, as originally enacted.
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10 U.S.C. § 1209 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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