egory covered by section 12732(a)(1) of this title, except a regular component.

(Aug. 10, 1956, §1333, ch. 1041, 70A Stat. 103; Sept. 2, 1958, P.L. 85-861, §33(a)(10), 72 Stat. 1565; transferred, redesignated § 12733, and revised in its entirety P.L. 103-337, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 3002.)

§ 12734. Time not creditable toward years of service

(a) Service in an inactive status may not be counted in any computation of years of service under this chapter.

(b) Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under section 12641 of this title may not be credited in a computation of years of service under this chapter.

(Aug. 10, 1956, § 1334, ch. 1041, 70A Stat. 104; Sept. 7, 1962, P.L. 87-651, § 108, 76 Stat. 509; transferred, redesignated $12734, and revised in its entirety P.L. 103–337, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 3003.)

§ 12735. Inactive status list

(a) A member who would be eligible for retired pay under this chapter but for the fact that that member is under 60 years of age may be transferred, at his request and by direction of the Secretary concerned, to such inactive status list as may be established for members of his armed force, other than members of a regular component.

(b) While on an inactive status list under subsection (a), a member is not required to participate in any training or other program prescribed for his component.

(c) The Secretary may at any time recall to active status a member who is on an inactive status list under subsection (a).

(Aug. 10, 1956, § 1335, ch. 1041, 70A Stat. 104; transferred, redesignated § 12735, and revised in its entirety P.L. 103–337, § 1662(jX1), Oct. 5, 1994, 108 Stat. 3003.)

§ 12736. Service credited for retired pay benefits not excluded for other benefits

No period of service included wholly or partly in determining a person's right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on account of civilian employment by the United States or otherwise, or in determining the amount payable under that law, if that service is otherwise properly credited under it.

(Aug. 10, 1956, § 1336, ch. 1041, 70A Stat. 104; transferred, redesignated § 12736, and revised in its entirety P.L. 103-337, § 1662(jX1), Oct. 5, 1994, 108 Stat. 3003.)

812737. Limitation on active duty

A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.

(Aug. 10, 1956, $1337, ch. 1041, 70A Stat. 104; transferred, redesignated § 12737, and revised in its entirety P.L. 103-337, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 3003.)

§ 12738. Limitations on revocation of retired pay

(a) After a person is granted retired pay under this chapter, or is notified in accordance with section 12731(d) of this title that the person has completed the years of service required for eligibility for

retired pay under this chapter, the person's eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 12731(a)(2) of this title, unless it resulted directly from the fraud or misrepresentation of the person.

(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay.

(Added as 1406 by P.L. 89-652, 2(1), Oct. 14, 1966, 80 Stat. 902; transferred, redesignated $1338, and amended P.L. 98-348, § 104(a), July 1, 1986, 100 Stat. 686; transferred, redesignated 12731, and revised in its entirety P.L. 103–337, § 1662 (jX1), Oct. 5, 1994, 108 Stat. 3003)

§ 12739. Computation of retired pay

(a) The monthly retired pay of a person entitled to that pay under this chapter is the product of

(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and

(2) 22 percent of the years of service credited to that person under section 12733 of this title.

(b) The amount computed under subsection (a) may not exceed 75 percent of the retired pay base upon which the computation is based.

(c) Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.

(Added P.L. 103–337, § 1662(jX1), Oct. 5, 1994, 108 Stat. 3004 [derived from §1401 (formula na 3)).)

Sec.

2771.

2772.

2773. 2774.

CHAPTER 1225-RETIRED GRADE

Reserve officers: grade on transfer to Retired Reserve.

Reserve commissioned officers who have served as Attending Physician
to the Congress: grade on transfer to Retired Reserve.
Limitation on accrual of increased pay or benefits.

Retired lists.

12771. Reserve officers: grade on transfer to Retired Re

serve

Unless entitled to a higher grade under another provision of aw, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entiled to be placed on the retired list established by section 12774(a) f this title in the highest grade in which he served satisfactorily, s determined by the Secretary concerned and in accordance with ection 1370(d), in the armed force in which he is serving on the ate of transfer.

Added P.L. 103–337, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005 [derived from § 1374(b),(f)].) 12772. Reserve commissioned officers who have served as

Attending Physician to the Congress: grade on transfer to Retired Reserve

Unless entitled to a higher grade under another provision of aw, a reserve commissioned officer who is transferred to the Rered Reserve after having served in the position of Attending Phyician to the Congress is entitled to be placed on the retired list esablished by section 12774(a) of this title in the grade held by the fficer while serving in that position.

dded P.L. 103–337, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005 [derived from § 1374(e)].) 12773. Limitation on accrual of increased pay or benefits

Unless otherwise provided by law, no person is entitled to ineased pay or other benefits because of sections 12771 and 12772 this title.

dded P.L. 103–337, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005 (derived from § 1374(d)].)

12774. Retired lists

(a) Under regulations prescribed by the Secretary concerned, ere shall be maintained retired lists containing the names of the eserves of the armed forces under the Secretary's jurisdiction who e in the Retired Reserve.

(b) The Secretary of the Navy shall maintain a United States aval Reserve Retired List containing the names of members of e Naval Reserve and the Marine Corps Reserve entitled to rered pay.

ided P.L. 103–337, § 1662(k)(1), Oct. 5, 1994, 108 Stat. 3006 [derived from §§ 1376(a), 6017).)

PART III-PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST1

Chap.

Sec.

1401. Applicability and Reserve Active-Status Lists.... 1403. Selection Boards

14001

14101

1405. Promotions .....

14301

1407. Failure of Selection for Promotion and Involuntary

Separation

14501

1409. Continuation of Officers on the Reserve Active-Status List and Selective Early Removal

14701

Relating to

Involuntary

Separation

14901

1Part III of subtitle E (establishing the new ROPMA officer personnel policies) takes effect

1 October 1, 1996, as provided in section 1691(b)(1) of the Reserve Officer Personnel Manageent Act (title XVI of P.L. 103-337; 108 Stat. 3026).