# § 1209. Transfer to inactive status list instead of separation
section 12732 of this titlesection 12735 of this titlesection 12739 of this title
Any member of the armed forces who has at least 20 years of service computed under , and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under and, if otherwise eligible, to receive retired pay under upon becoming 60 years of age.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, § 1501(c)(14), Feb. 10, 1996, 110 Stat. 499.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1209 | 37:272(g). | Oct. 12, 1949, ch. 681, § 402(g), 63 Stat. 820. |
The words “Notwithstanding the foregoing provisions of this section”, “satisfactory Federal”, and “and receiving disability severance pay” are omitted as surplusage. The words “at the time of the determination” are substituted for the word “current”. The word “otherwise” is substituted for the words “in all other respects”.
## Editorial Notes
### Amendments
1996— substituted “section 12732” for “section 1332”, “section 12735” for “section 1335”, and “section 12739” for “chapter 71”.
1989— substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1996 Amendment
, , , provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of , as originally enacted.