§ 9346. Retired lists

1,091 words·~5 min read·/usc/title-10/section-9346

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(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)).

(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.

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Cited by 27 sections