10 U.S.C. § 1263
Section 1263 · Age 62: warrant officers
Amended 5 times on record
Applied in 3 court decisions — leading case United States ex rel. New York Warehouse, Wharf & Terminal Ass'n v. Dern (1934)
Most recently applied in 196 F. Supp. 345 - United States v. Morgan (August 1961)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Unless retired under section 1305 of this title, a permanent regular warrant officer who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 580 note), and who is at least 62 years of age, shall be retired 60 days after he becomes that age, except as provided by section 8301 of title 5.
(b) The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to retire under this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
10:600l(b) (less (1)–(3)).10:600r(c) (as applicable to 10:600l(b) (less (1)–(3))).34:135(d) (as applicable to 34:430(b) (less (1)–(3))).34:430(b) (less (1)–(3)). May 29, 1954, ch. 249, §§2(d) (as applicable to §14(b) (less (1)–(3))), 14(b) (less (1)–(3)), 14(e) (as applicable to (b) (less (1)–(3))), 21(c) (as applicable to 14(b) (less (1)–(3))), 68 Stat. 157, 162, 163, 168. 34:430c (as applicable to 34:430(b) (less (1)–(3))). 1263(b) 10:600l(e) (as applicable to 10:600l(b) (less (1)–(3))). 34:430(e) (as applicable to 34:430(b) (less (1)–(3))). In subsection (a), the words “has at least” are substituted for the words “has attained”. The words “has at least” are substituted for the words “having completed not less than”. The words “on that date which” are omitted as surplusage. 10:600l(b) (15 words before (1)) and 34:430(b) (15 words before (1)) are omitted as covered by section 1275 of this title.
In subsection (b), the words “The Secretary concerned may defer” are substituted for the words “may, in the discretion of the Secretary, be deferred”. The words “determination of his” are inserted for clarity. The words “not more than” are substituted for the words “a period not to exceed”. The words “he would otherwise be required to retire under this section” are substituted for the words “retirement * * * would otherwise be required”. The words “which is required”, “possible”, “proper”, and “a period of” are omitted as surplusage.
Amendments
1992—Subsec. (a). Pub. L. 102–484 substituted “580 note” for “564 note”.
1980—Subsec. (a). Pub. L. 96–513 substituted “511 of the Career Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 564 note)” for “311 of title 37”.
1967—Subsec. (a). Pub. L. 90–130 struck out reference to section 1255 of this title.
1966—Subsec. (a). Pub. L. 89–718 substituted “8301” for “47a”.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Cross References
Coast Guard warrant officers, retirement in cases where higher grade has been held, see section 334 of Title 14, Coast Guard.
Computation of retired pay, see section 1401 of this title.
Suspension during war or emergency, see section 644 of this title.