§ 1202. Regulars and members on active duty for more than 30 days: temporary disability retired list
497 words·~2 min read·
/usc/title-10/section-1202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 92; Pub. L. 85–861, § 1(28)(A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87–651, title I, § 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 99–145, title V, § 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 103–337, div. A, title XVI, § 1671(c)(6), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title V, § 572(b), Sept. 23, 1996, 110 Stat. 2533.)
The first 82 words are inserted for clarity and are based on the rule stated in section 1201 of this title, which restates that part of 37:272(a), (b), and
(f)relating to retirement for physical disability. The revised section incorporates by reference those provisions which are identical for retirement and for placement on the temporary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary disability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 1953)).
The amendment reflects the Act of April 23, 1956, ch. 209 (70 Stat 115). (See opinion of Comp. Gen., B–130269, March 18, 1957.)
1962 Act
The changes correct typographical errors.
Connections4 cite this · traces to 4
Cited by 4 sections
U.S. Code
statutes-at-large
- Public Law 94–225To amend section 5202 of title 10, United States Code, relating to the detail, pay, and succession to duties of the Assistant Commandant of the Marine Corps and to amend title 10 of the United States Code in order to make certain disability retirement determinations by the Secretaries of the militar
- Public Law 99–145To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1986, to revise and improve military compensation programs, to improve defense procurement procedures, to authorize appropriations
21 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 92
- Pub. L. 85–861, § 1(28)(A)
- 72 Stat. 1451
- Pub. L. 87–651, title I, § 107(a)
- 76 Stat. 508
- Pub. L. 99–145, title V, § 513(a)(1)(B)
- 99 Stat. 627
- Pub. L. 103–337, div. A, title XVI, § 1671(c)(6)
- 108 Stat. 3014
- Pub. L. 104–201, div. A, title V, § 572(b)
- 110 Stat. 2533
- Act of April 23, 1956, ch. 209
- Pub. L. 104–201
- Pub. L. 103–337
- Pub. L. 99–145
- Pub. L. 87–651
- section 270(b) of this title
- Pub. L. 85–861
- section 572(d) of Pub. L. 104–201
- section 1691 of Pub. L. 103–337
Citation graph
cites case law
§ 1202
Regulars and members on active duty for more than 30 days: temporary disability retired list
Stat.×2
U.S.C.×2
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 92
Pub. L.Pub. L. 85–861, § 1(28)(A)
Stat.72 Stat. 1451
Pub. L.Pub. L. 87–651, title I, § 107(a)
Cites 25 · showing 9Cited by 4 across 2 sources