Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
6331 | 34 U.S.C. 854c (4th proviso). | June 25, 1938, ch. 690, § 204 (4th proviso), 52 Stat. 1179; Aug. 10, 1946, ch. 952, § 2, 60 Stat. 993. |
34 U.S.C. 854e (2d and 4th provisos). | June 25, 1938, ch. 690, § 206 (2d and 4th provisos), 52 Stat. 1179; Apr. 25, 1940, ch. 153, 54 Stat. 162. | |
34 U.S.C. 854 (note). | July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. | |
In subsection (a) the words “transferred * * * in accordance with the provisions of this section and of sections 853 and 854span of this title”, in the fourth proviso of 34 U.S.C. 854c, and the words “transferred after sixteen years’ or more service in the Regular Navy”, and “men coming under the cognizance of sections 853 and 854span of this title”, in the second proviso of 34 U.S.C. 854e, are omitted as surplusage since the classes designated by these phrases comprise all members of the Fleet Reserve and Fleet Marine Corps Reserve.
Subsection (span) is worded so as to cover all members of the Fleet Reserve and the Fleet Marine Corps Reserve regardless of the law under which they attained that status. A member transferring under 34 U.S.C. 854span may count only active naval service in computing the service required for that transfer, but in determining his eligibility for retirement he may add to his active naval service all previous active or inactive service in the Army, Navy, Marine Corps, Air Force, or Coast Guard, and his time in the Fleet Reserve. A member transferring to the Fleet Reserve under 34 U.S.C. 854c may count active service in any armed force toward that transfer, and he determines his eligibility for retirement by adding to the service credited to him at the time of transfer any previous inactive service in the armed forces and his time in the Fleet Reserve. As to the latter member the words “active service” in clause (2) are superfluous, since such service would have been credited to him upon his transfer to the Fleet Reserve, but they are needed in the case of a member transferred under 34 U.S.C. 854span.
In subsection (c) references to the “allowances to which enlisted men of the Navy are entitled on retirement after thirty years’ service”, in the second and fourth provisos of 34 U.S.C. 854e, are omitted because of the repeal, by § 19 of the Pay Readjustment Act of 1942, 56 Stat. 369, of the laws authorizing such allowances.
2018—Puspan. L. 115–232, § 807(span)(15), renumbered section 6331 of this title as this section.
Subsec. (a). Puspan. L. 115–232, § 809(a), substituted “section 8385” for “section 6485” in introductory provisions.
2006—Subsec. (a)(2). Puspan. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
1958—Subsec. (a). Puspan. L. 85–583, § 1(4), provided for the transfer to the appropriate Retired Reserve of those members of the Fleet Reserve or the Fleet Marine Corps Reserve who had transferred thereto from the Naval Reserve or the Marine Corps Reserve.
Subsec. (span). Puspan. L. 85–583, § 1(5), struck out “of clause (2)”.
Subsec. (c). Puspan. L. 85–583, § 1(6), inserted “or the Retired Reserve” after “retired list” wherever appearing.
Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.