Collapse to view only § 9329. Computation of retired pay: law applicable
- § 9311. Twenty years or more: regular or reserve commissioned officers
- § 9314. Twenty to thirty years: enlisted members
- § 9317. Thirty years or more: regular enlisted members
- § 9318. Thirty years or more: regular commissioned officers
- § 9320. More than thirty years: permanent professors and the Director of Admissions of the United States Air Force Academy
- § 9321. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority
- § 9324. Forty years or more: Air Force officers and Space Force officers
- § 9325. Computation of years of service: voluntary retirement; enlisted members
- § 9326. Computation of years of service: voluntary retirement; regular and reserve commissioned officers
- § 9329. Computation of retired pay: law applicable
§ 9311. Twenty years or more: regular or reserve commissioned officers
(a) The Secretary of the Air Force may, upon the officer’s request, retire a regular or reserve commissioned officer of the Air Force or the Space Force who has at least 20 years of service computed under section 9326 of this title, at least 10 years of which have been active service as a commissioned officer.
(b)
(1) The Secretary of Defense may authorize the Secretary of the Air Force, during the period specified in paragraph (2), to reduce the requirement under subsection (a) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Air Force) of not less than eight years.
(2) The period specified in this paragraph is the period beginning on January 7, 2011, and ending on September 30, 2018.
(Aug. 10, 1956, ch. 1041, 70A Stat. 549, § 8911; Pub. L. 101–510, div. A, title V, § 523(c), Nov. 5, 1990, 104 Stat. 1562; Pub. L. 103–160, div. A, title V, § 561(c), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, § 561(e), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, § 1 [[div. A], title V, § 571(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Pub. L. 109–163, div. A, title V, § 502(c), Jan. 6, 2006, 119 Stat. 3225; Pub. L. 109–364, div. A, title X, § 1071(a)(37), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–383, div. A, title V, § 506(c), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 112–239, div. A, title V, § 505(c), title X, § 1076(e)(6), Jan. 2, 2013, 126 Stat. 1715, 1951; renumbered § 9311 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(13), Jan. 1, 2021, 134 Stat. 3811.)
§ 9314. Twenty to thirty years: enlisted members
Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force or the Space Force who has at least 20, but less than 30, years of service computed under section 9325 of this title may, upon his request, be retired.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8914; Pub. L. 96–343, § 9(b)(1), Sept. 8, 1980, 94 Stat. 1128; Pub. L. 103–337, div. A, title V, § 515(b), Oct. 5, 1994, 108 Stat. 2753; renumbered § 9314 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(14), Jan. 1, 2021, 134 Stat. 3811.)
§ 9317. Thirty years or more: regular enlisted members
A regular enlisted member of the Air Force or the Space Force who has at least 30 years of service computed under section 9325 of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8917; renumbered § 9317 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(15), Jan. 1, 2021, 134 Stat. 3811.)
§ 9318. Thirty years or more: regular commissioned officers
A regular commissioned officer of the Air Force or the Space Force who has at least 30 years of service computed under section 9326 of this title may be retired upon his request, in the discretion of the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550, § 8918; renumbered § 9318 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(16), Jan. 1, 2021, 134 Stat. 3812.)
§ 9320. More than thirty years: permanent professors and the Director of Admissions of the United States Air Force Academy
(a) The Secretary of the Air Force may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned officer.
(b) Subsection (a) applies in the case of the following officers:
(1) Any permanent professor of the United States Air Force Academy.
(2) The Director of Admissions of the United States Air Force Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 551, § 8920; Pub. L. 104–106, div. A, title V, § 509(b)(1), Feb. 10, 1996, 110 Stat. 298; renumbered § 9320, Pub. L. 115–232, div. A, title VIII, § 806(b)(13), Aug. 13, 2018, 132 Stat. 1833.)
§ 9321. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority
(a)Mandatory Retirement.—Upon the termination of the detail of an officer to the position of Superintendent of the United States Air Force Academy, the Secretary of the Air Force shall retire the officer under any provision of this chapter under which the officer is eligible to retire.
(b)Waiver Authority.—The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment. In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(3)(A), Oct. 5, 1999, 113 Stat. 603, § 8921; amended Pub. L. 108–375, div. A, title V, § 541(a)(3), (c)(3)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 9321, Pub. L. 115–232, div. A, title VIII, § 806(b)(13), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 117–263, div. A, title V, § 509(c), Dec. 23, 2022, 136 Stat. 2560.)
§ 9324. Forty years or more: Air Force officers and Space Force officers
(a) Except as provided in section 1186 of this title, a commissioned officer of the Air Force or the Space Force who has at least 40 years of service computed under section 9326 of this title shall be retired upon his request.
(b) Any warrant officer of the Air Force or the Space Force who has at least 40 years of service computed under section 9326(a) of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8924; Pub. L. 96–513, title V, § 504(18), Dec. 12, 1980, 94 Stat. 2917; renumbered § 9324 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(17)(A), (B), Jan. 1, 2021, 134 Stat. 3812.)
§ 9325. Computation of years of service: voluntary retirement; enlisted members
(a) For the purpose of determining whether an enlisted member of the Air Force or the Space Force may be retired under section 9314 or 9317 of this title, his years of service are computed by adding all active service in the armed forces.
(b) Time required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8925; Pub. L. 85–861, § 1(195), Sept. 2, 1958, 72 Stat. 1540; Pub. L. 96–343, § 9(b)(2), Sept. 8, 1980, 94 Stat. 1129; Pub. L. 99–348, title II, § 204(c), July 1, 1986, 100 Stat. 698; Pub. L. 101–189, div. A, title VI, § 652(a)(6), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 103–337, div. A, title VI, § 635(c)(1), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–106, div. A, title V, § 561(d)(4)(A), Feb. 10, 1996, 110 Stat. 323; renumbered § 9325 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(18), Jan. 1, 2021, 134 Stat. 3812.)
§ 9326. Computation of years of service: voluntary retirement; regular and reserve commissioned officers
(a) For the purpose of determining whether an officer of the Air Force or the Space Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding—
(1) all active service performed as a member of the Army, the Air Force, or the Space Force; and
(2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.
(b) For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.
(c) For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer’s years of service are computed by adding to the officer’s service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.
(d)Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 552, § 8926; Pub. L. 86–197, § 1(8), Aug. 25, 1959, 73 Stat. 426; Pub. L. 101–189, div. A, title VI, § 652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–106, div. A, title V, § 561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323; renumbered § 9326 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(19), Jan. 1, 2021, 134 Stat. 3812.)
§ 9329. Computation of retired pay: law applicable
A member of the Air Force or the Space Force retired under this chapter is entitled to retired pay computed under chapter 945 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8929; renumbered § 9329 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(20), Jan. 1, 2021, 134 Stat. 3812.)