Page:United States Statutes at Large Volume 70A.djvu/160

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102

102 CHAPTER

67.—RETIRED PAY FOR SERVICE

NON-REGULAR

See. 1331. Age and service requirements. 1332. Computation of years of service in determining entitlement to retired pay. 1333. Computation of years of service in computing retired pay. 1334. Time not creditable toward years of service. 1335. Inactive status list. 1336. Service credited for retired pay benefits not excluded for other benefits. 1337. Limitation on active duty. § 1331. Age and service requirements (a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 1401 of this title, (1) he is at least 60 years of age; (2) he has performed at least 20 years of service computed under section 1332 of this title; (3) he performed the last eight years of qualifying service as a member of a reserve component of any of the armed forces, of the Army or the Air Force without component, or of any other category named in section 1332(a)(1) of this title except as a member of (A) a regular component of an armed force, (B) the Fleet Reserve and the Fleet Marine Corps Reserve, or (C) a regular and a reserve component of an armed force'at the same time; and (4) he is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. (b) Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of the Treasury, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served. (c) No person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other category covered by section 1332(a)(1) of this title except a regular component, is eligible for retired pay under this chapter, unless he performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947. § 1332. Computation of year s of service in determining entitlement to retired pay (a) Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under section 1331 of this title, his years of service are computed by adding— (1) his years of service, before July 1, 1949, in— (A) the armed forces; (B) the federally recognized National Guard before June 15, 1933; (C) a federally recognized status in the National Guard before June 15, 1933; (D) the Naval Re^serve Force; (E) the Naval Militia that conformed to the standards prescribed by the Secretary of the Navy; and