FEDERAL · 10 U.S.C. · Chapter 943
Retired lists
10 U.S.C. § 9346
Title10 — Armed Forces
Chapter943 — RETIRED GRADE
This text of 10 U.S.C. § 9346 (Retired lists) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
10 U.S.C. § 9346.
Text
(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 a
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Related
§ 20601
10 U.S.C. § 20601
Source Credit
History
(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.)
Editorial Notes
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since, upon enactment of this title, laws referring to the limited or unlimited retired list will be expressly repealed.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.
Editorial Notes
Prior Provisions
A prior chapter 945, consisting of sections 9711 to 9713, related to disposition of effects of deceased persons, prior to renumbering as chapter 975 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 871 of this title as this chapter and items 8991 and 8992 as 9361 and 9362, respectively.
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.
Editorial Notes
Prior Provisions
A prior chapter 945, consisting of sections 9711 to 9713, related to disposition of effects of deceased persons, prior to renumbering as chapter 975 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 871 of this title as this chapter and items 8991 and 8992 as 9361 and 9362, respectively.
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Bluebook (online)
10 U.S.C. § 9346, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/9346.