10 U.S.C. § 8332

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 8332 - Conclusiveness of transfers

When a member of the naval service is transferred by the Secretary of the Navy-

(1) to the Fleet Reserve;

(2) to the Fleet Marine Corps Reserve;

(3) from the Fleet Reserve to the retired list of the Regular Navy or the Retired Reserve; or

(4) from the Fleet Marine Corps Reserve to the retired list of the Regular Marine Corps or the Retired Reserve;

the transfer is conclusive for all purposes. Each member so transferred is entitled, when not on active duty, to retainer pay or retired pay from the date of transfer in accordance with his grade and number of years of creditable service as determined by the Secretary. The Secretary may correct any error or omission in his determination as to a member's grade and years of creditable service. When such a correction is made, the member is entitled, when not on active duty, to retainer pay or retired pay in accordance with his grade and number of years of creditable service, as corrected, from the date of transfer.

10 U.S.C. § 8332

Aug. 10, 1956, ch. 1041, 70A Stat. 397, §6332; Pub. L. 85-583, §1(7), Aug. 1, 1958, 72 Stat. 480; Pub. L. 85-861, §33(a)(33), Sept. 2, 1958, 72 Stat. 1566; renumbered §8332, Pub. L. 115-232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6332	34 U.S.C. 854a (provisos).	June 25, 1938, ch. 690, §202 (provisos), 52 Stat. 1178.
	34 U.S.C. 854 (note).	July 9, 1952, ch. 608, §803 (3d sentence), 66 Stat. 505.

The words "when not on active duty, to retainer pay or retired pay" are substituted for the words "pay and allowances". The pay and allowances of a member on active duty are covered by the Career Compensation Act of 1949 ( 37 U.S.C. 231 et seq.). When not on active duty a member of the Fleet Reserve receives retainer pay and a retired member receives retired pay without allowances, the provision for allowances for retired members having been repealed as pointed out in the note on the preceding section. In the last sentence the words "from the date of transfer" are added to make it clear that a correction is retroactive to that date. The Court of Claims has so held (Dugan v. United States (1943), 100 Ct. Cl. 7).

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232 renumbered section 6332 of this title as this section. 1958-Pub. L. 85-861 substituted "to retainer pay or retired pay in accordance" for "to retain pay or retired pay in accordance".Pub. L. 85-583 inserted "or the Retired Reserve" after "Navy" in cl. (3) and after "Marine Corps" in cl. (4).

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.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title.

active duty

The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

grade

The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

pay

The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.