PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 3003 "(3) One day for each point credited to the person under clause (B) or (C) of section 12732(a)(2) of this title, but not more than 60 days in any one year. "(4) 50 days for each year before July 1, 1949, and proportionately for each fraction of a year, of service (other than active service) in a reserve component of an armed force, in the Army or the Air Force without component, or in any other category covered by section 12732(a)(1) of this title, except a regular component. "§ 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. § 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).
- § 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. "§ 12737. 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. "§ 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.
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