US (United States) Code. Title 10. Subtitle B. Part II. Chapter 371: Computation of retired pay

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-CITE-

10 USC CHAPTER 371 - COMPUTATION OF RETIRED PAY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 371 - COMPUTATION OF RETIRED PAY

.

-HEAD-

CHAPTER 371 - COMPUTATION OF RETIRED PAY

-MISC1-

Sec.

3991. Computation of retired pay.

3992. Recomputation of retired pay to reflect advancement on

retired list.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3929 of this title.

-CITE-

10 USC Sec. 3991 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 371 - COMPUTATION OF RETIRED PAY

-HEAD-

Sec. 3991. Computation of retired pay

-STATUTE-

(a) Computation. -

(1) Formula. - The monthly retired pay of a member entitled to

such pay under this subtitle is computed by multiplying -

(A) the member's retired pay base (as computed under section

1406(c) or 1407 of this title), by

(B) the retired pay multiplier prescribed in section 1409 of

this title for the number of years credited to the member under

section 1405 of this title.

(2) Additional 10 percent for certain enlisted members credited

with extraordinary heroism. - If a member who is retired under

section 3914 of this title has been credited by the Secretary of

the Army with extraordinary heroism in the line of duty, the

member's retired pay shall be increased by 10 percent of the

amount determined under paragraph (1) (but to not more than 75

percent of the retired pay base upon which the computation of

such retired pay is based). The Secretary's determination as to

extraordinary heroism is conclusive for all purposes.

(b) General Rules. -

(1) Use of most favorable formula. - If a person would

otherwise be entitled to retired pay computed under more than one

formula in subsection (a) or the table in section 1401 of this

title, he is entitled to be paid under the applicable formula

that is most favorable to him.

(2) Rounding to next lower dollar. - The amount computed under

subsection (a), if not a multiple of $1, shall be rounded to the

next lower multiple of $1.

(c) Special Rule for Retired Reserve Enlisted Members Covered by

Section 3963. - In the case of a Reserve enlisted member retired

under section 3914 of this title whose retired grade is determined

under section 3963 of this title and who first became a member of a

uniformed service before September 8, 1980, the retired pay base of

the member (notwithstanding section 1406(a)(1) of this title) is

the amount of the monthly basic pay of the member's retired grade

(determined based upon the rates of basic pay applicable on the

date of the member's retirement), and that amount shall be used for

the purposes of subsection (a)(1)(A) rather than the amount

computed under section 1406(c) of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 232; Pub. L. 85-155, title I,

Sec. 101(23), Aug. 21, 1957, 71 Stat. 380; Pub. L. 85-422, Sec.

6(1), (8), 11(a)(5), May 20, 1958, 72 Stat. 129, 131; Pub. L.

85-861, Sec. 1(101A), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 88-132,

Sec. 5(h)(2), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90-207, Sec.

3(2), Dec. 16, 1967, 81 Stat. 653; Pub. L. 96-342, title VIII, Sec.

813(c), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513, title V, Sec.

502(21), (22), 512(10), Dec. 12, 1980, 94 Stat. 2910, 2929; Pub. L.

98-94, title IX, Sec. 922(a)(7), 923(a)(1), (2)(F), Sept. 24, 1983,

97 Stat. 641, 642; Pub. L. 99-348, title II, Sec. 202(a), July 1,

1986, 100 Stat. 694; Pub. L. 103-337, div. A, title VI, Sec.

635(a)(2), Oct. 5, 1994, 108 Stat. 2788; Pub. L. 104-201, div. A,

title V, Sec. 532(d)(1), Sept. 23, 1996, 110 Stat. 2520.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3991 Introductory 10:156c (7th and 8th R.S. 1274. Mar. 2,

paragraph words). 10:166g(b) 1907, ch. 2515,

(7th word). Sec. 1 (less 1st 35

10:316b(b) (7th and words, and less

8th words). proviso), 34 Stat.

1217.

3991(A) 10:941a(a)(3) June 3, 1916, ch.

3991(B) (proviso, less 134, Sec. 4c (24

applicability to words before

retired grade). proviso); added

10:941a(e) (1st June 4, 1920, ch.

proviso of clause 227, Sec. 4 (last

(1), less 18 words of 4th

applicability to sentence of 7th

retired grade). par.); May 12,

10:166g(a) (less 1939, ch. 127 (75th

1st 49 words; less through 91st

1st proviso; and words); Oct. 14,

less 1st 84 words 1940, ch. 858, Sec.

of last proviso). 1 (last 26 words);

10:941a(a)(3) (less restated June 29,

31st through 42d 1945, ch. 197 (21

words, and less words before

proviso). proviso); restated

10:941a(e) (clause Aug. 7, 1947, ch.

(1), less 1st 25, 512, Sec. 513(c)

and 59th through (24 words before

113th, words; and proviso), 61 Stat.

less 1st proviso). 902.

3991(C) 3991(D) 10:971. 10:971b July 31, 1935, ch.

3991(E) 3991 (less 1st 100 422, Sec. 5 (less

Footnote 1 words, and less 1st 1st 101 words, and

and 3d provisos). less 3d proviso);

10:948 (less 1st restated June 13,

sentence, and less 1940, ch. 344, Sec.

1st and last 3 (less 1st 45

provisos of last words, and less 2d

sentence). 10:980. proviso), 54 Stat.

10:506b(d) (1st 380; Aug. 7, 1947,

proviso). ch. 512, Sec.

10:1079a(b) 514(g), 521(a), 61

(proviso). Stat. 906, 912;

June 29, 1948, ch.

708, Sec. 202 (less

1st 105 words), 62

Stat. 1084.

3991 Footnote 2 10:156c (less 1st Oct. 6, 1945, ch.

43, and last 13, 393, Sec. 4 (less

words). 10:166g(b) 1st sentence);

(less 1st 76 words, restated Aug. 10,

less 20 words 1946, ch. 952, Sec.

before proviso, and 6(a) (less 1st

less proviso). sentence), 60 Stat.

10:316b(b) (less 996. Aug. 10, 1946,

1st 54, and last ch. 952, Sec. 6(c),

13, words). 10:1002 60 Stat. 996. Apr.

(34 words before 16, 1947, ch. 38,

proviso, and Sec. 108(a) (less

proviso). 10:1003 1st 49 words, and

(last 40 words). less 1st 84 words

10:1026 (24 words of last proviso),

before proviso). 61 Stat. 44.

3991 Footnote 3 3991 (No source). Apr. 16, 1947, ch.

Footnote 4 10:166g(a) (1st 38, Sec. 108(b)

3991 Footnote 5 proviso). (less 1st 5, and

10:941a(e) (94th 8th through 76th,

through 113th words words; less 20

of clause (1). words before

10:948 (last proviso; and less

proviso of last proviso); restated

sentence). 10:971b May 16, 1950, ch.

(1st proviso). 186, Sec. 3(d)(b)

37:272(d) (1st (less 1st 5, and

proviso). 10:948 8th through 76th,

(1st proviso of words; less 20

last sentence). words before

proviso; and less

proviso), 64 Stat.

161.

Aug. 4, 1947, ch.

459, Sec. 102(c)

(less 1st 6, 9th

through 43d, and

last 13, words), 61

Stat. 735.

Aug. 7, 1947, ch.

512, Sec. 504(d)

(1st proviso),

514(a)(3) (less

31st through 42d

words; and less

proviso, less

applicability to

retired grade),

514(e) (clause (1),

less 1st 25, and

59th through 93d,

words; and less 1st

proviso, as

applicable to

retired grade),

520(b) (proviso),

61 Stat. 888, 902,

905, 912.

June 12, 1948, ch.

449, Sec. 103(b)

(less 1st 6, 9th

through 54th, and

last 13, words), 62

Stat. 357.

June 29, 1948, ch.

708, Sec. 203(a)

(34 words before

proviso, and

proviso), 203(d)

(last 40 words), 62

Stat. 1085.

-------------------------------

In the introductory paragraph, the applicability of the rule

stated in the third sentence to situations not expressly covered by

the laws named in the source statutes above is a practical

construction that the rule must be reciprocally applied in all

cases.

In formula B, the words ''basic pay'' are substituted for the

words ''base and longevity pay'' to conform to the terminology of

the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et

seq.). The words ''his retired grade'' are substituted for the

words ''permanent grade held at time of retirement'' to reflect the

right to higher retired grade when qualified under other provisions

of law. 10:941a(e) (last proviso of clause (1)) is omitted, since,

under section 202 of the Career Compensation Act of 1949, 63 Stat.

807 (37 U.S.C. 233), the active duty pay of all members of the Army

is based upon years of service.

In formula C, the computation is based on monthly pay instead of

annual pay to conform to the other formulas of the revised

section. The words ''basic pay'' are substituted for the words

''active duty base and longevity pay'', and the words ''in

determining his basic pay'' are substituted for the words ''for

longevity pay purposes'', to conform to the terminology of the

Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et

seq.). The words ''Monthly basic pay of member's retired grade''

are substituted for the words ''the rank upon which they are

retired'', in 10:971, and ''rank with which retired'', in 10:971b,

to reflect their right to advancement on the retired list. 10:971

now applies only when the retiring officer has 30 or more years of

service which may be credited in computing his retired pay. 10:971b

(2d proviso) is omitted, since, under section 202 of the Career

Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the pay of

all members is based upon cumulative years of service. 10:971b (4th

proviso) is omitted as executed. 10:971b (last proviso) is omitted,

since the distinction between limited and unlimited retired lists

was abolished by section 201 of the act of June 29, 1948, ch. 708,

62 Stat. 1084. Sections 3918, 3920, and 3924 are included under

this formula, since it achieves the same result as is reached on a

basis of 30 years multiplied by 2 1/2 percent, and simplifies the

table.

In formulas D and E, the words ''credited under section 3925''

are substituted for the words ''active Federal service'', since

that revised section makes explicit the service covered. The act

of August 10, 1946, ch. 952, Sec. 6(c), 60 Stat. 996, is not

contained in 10:948. It is also omitted from the revised section as

executed. 10:980 now applies only when the retiring enlisted member

has at least 30 years of service which may be credited in computing

his retired pay. However, as noted above, 10:980 is the only

provision of law applicable to cases in which the retiring member

has at least 30 years of service. The act of June 16, 1942, ch.

413, Sec. 19 (63d through 75th words of 2d par.), 56 Stat. 369,

repealed so much of the act of March 2, 1907, ch. 2513, 34 Stat.

1217, as provided allowances for enlisted men on the retired list.

The repeal of section 19 of the act of June 16, 1942, by section

531(b)(34) of the Career Compensation Act of 1949, 63 Stat. 839,

did not revive that portion of the act of March 2, 1907, which had

been repealed by the act of June 16, 1942. Accordingly, the act of

March 2, 1907, as thus modified by the act of June 16, 1942, is

used as the basis for formula E.

Footnote 2 reflects the long-standing construction of those

provisions dealing with computation of retired pay which do not

specifically provide that the member is entitled to compute his

retired pay on the basis of the monthly basic pay to which he would

be entitled if he were on active duty in his retired grade. Except

in cases covered by formula C the pertinent basic computation

provisions for such retirement either provide for computation of

retired pay on the same basis as the provisions dealing with higher

retired grade, or the basic retirement provisions were themselves

enacted after the provisions authorizing higher retired grade. The

provisos of 10:1002 and 1005 are omitted as surplusage, since no

formula for the computation of retired pay includes inactive

service on the retired list as a credit.

The words ''at rates applicable on date of retirement and adjust

to reflect later changes in permanent rates'', in footnote 2; and

all of footnote 4; are based on the source statutes incorporated in

the formulas to which footnotes 2 and 4 apply.

In footnote 4, the words ''and disregard a part of a year that is

less than six months'' are made applicable to formulas A - E

although this part of the rule is expressed only as to formula B,

in 10:941a(e)(1). The legislative history of the Career

Compensation Act of 1949 (Hearings before the Committee on Armed

Services of the Senate on H.R. 5007, 81st Congress, first session,

p. 313, July 6, 1949) indicates that the provisions, upon which

formulas A and C - E are based, should be construed to require that

a part of a year that is less than six months be disregarded.

1958 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3991 (No source). (No source).

-------------------------------

The amendment reflects section 1(99) of the bill (amending

section 3962 of Title 10).

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-201 added subsec. (c).

1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 635(a)(2)(A),

amended par. (1) generally. Prior to amendment, par. (1) contained

table which provided two formulas for computing retired pay for

cases covered under sections 3911, 3914, 3917, 3918, 3920, and 3924

of this title.

Subsec. (b)(1). Pub. L. 103-337, Sec. 635(a)(2)(B)(i), struck out

''of the table'' after ''than one formula''.

Subsec. (b)(3). Pub. L. 103-337, Sec. 635(a)(2)(B)(ii), struck

out heading and text of par. (3). Text read as follows: ''Section

references in the table in subsection (a) are to sections of this

title.''

1986 - Pub. L. 99-348 amended section generally by completely

revising the formula for computation of retired pay to provide that

the retired pay base as computed under section 1406(c) or 1407 be

multiplied by the retired pay multiplier prescribed in section 1409

for years of service credited under section 1405 for sections 3911,

3918, 3920, and 3924 and for the years of service credited under

section 3925 for sections 3914 and 3917, eliminated monthly basic

pay of a member's retired grade or to which a member was entitled

on the day before he retired multiplied by 2 1/2 percent of the

years of service credited, subject to footnotes 1 to 4, as the

basis for computing retired pay, incorporated provisions of column

3 and footnote 5 into subsec. (a)(2), struck out column 4, which

provided that the excess over 75% of pay upon which the computation

is based be subtracted, struck out footnotes 1 to 4, and added

subsec. (b).

1983 - Pub. L. 98-94, Sec. 922(a)(7), inserted ''The amount

computed, if not a multiple of $1, shall be rounded to the next

lower multiple of $1.''

Pub. L. 98-94, Sec. 923(a)(1), (2)(F), in footnote 4 to table,

substituted ''Before applying percentage factor, credit each full

month of service that is in addition to the number of full years of

service creditable to the member as one-twelfth of a year and

disregard any remaining fractional part of a month'' for ''Before

applying percentage factor, credit a part of a year that is six

months or more as a whole year, and disregard a part of a year that

is less than six months''.

1980 - Pub. L. 96-513, Sec. 512(10), in heading for column 1 of

the table substituted ''after September 7, 1980'' for ''on or after

the date of the enactment of the Department of Defense

Authorization Act, 1981''.

Pub. L. 96-342 in heading for column 1 of the table inserted

provisions respecting applicability to persons becoming members

after the date of the enactment of the Department of Defense

Authorization Act, 1981.

Pub. L. 96-513, Sec. 502(21), in table struck out Formula A and

redesignated Formulas B, C, and D as A, B, and C, respectively.

Pub. L. 96-513, Sec. 502(22), in footnote numbered 1 to the table

substituted ''3962(b)'' for ''3962(c)''.

1967 - Pub. L. 90-207 inserted '', or if the member has served as

sergeant major of the Army, compute at the highest basic pay

applicable to him while he so served, if such basic pay is

greater'' after ''retirement'' in footnote 3 of the table.

1963 - Pub. L. 88-132 substituted in column 1 of Formula A in

table ''Monthly basic pay of member's retired grade'' for ''Monthly

basic pay to which member would be entitled if he were on active

duty in his retired grade'' and eliminated from footnote 2 to such

table ''and adjust to reflect later changes in applicable permanent

rates. However, if member's retired grade is determined under

section 3963(a) or 3963(b), or if member has served 4 years as

Chief of the Medical Service Corps, use pay to which member would

be entitled if he were on active duty in his retired grade'' after

''date of retirement.''

1958 - Pub. L. 85-861 substituted ''section 3962(c)'' for

''section 3962(d)'' in footnote 1, and ''3963(a)'' for ''3962(c),

3963(a)'' in footnote 2.

Formula B. Pub. L. 85-422, Sec. 11(a)(5), substituted ''credited

to him under section 1405 of this title'' for ''credited to him in

determining basic pay'' in Column 2.

Formula C. Pub. L. 85-422, Sec. 6(8), substituted ''Monthly basic

pay to which member was entitled on day before he retired'' for

''Monthly basic pay to which member was entitled on date when he

applied for retirement'' in Column 1.

Formula D. Pub. L. 85-422, Sec. 6(8), substituted ''monthly basic

pay to which member was entitled on day before he retired'' for

''Monthly basic pay of member's retired grade'' in Column 1.

Footnote 1. Pub. L. 85-422, Sec. 6(1), struck out provisions

which related to inapplicability of section 3962(a), and inserted

provisions permitting computation at the highest rates of basic pay

applicable to an officer who has served as Chief of Staff while he

served in that office.

1957 - Pub. L. 85-155 redesignated formulas ''B'' to ''E'' of the

table as formulas ''A'' to ''D''. Former formula ''A'', which

related to computation of retirement pay for persons retired under

former sections 3881, 3882, and 3912 of this title, was repealed by

Pub. L. 85-155.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable to computation of retired

pay of any enlisted member who retires on or after Oct. 5, 1994, to

computation of retainer pay of any enlisted member who is

transferred to Fleet Reserve or Fleet Marine Corps Reserve on or

after Oct. 5, 1994, and to recomputation of retired pay of any

enlisted member who is advanced on retired list on or after Oct. 5,

1994, see section 635(e) of Pub. L. 103-337, set out as a note

under section 1405 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983,

see section 922(e) of Pub. L. 98-94, set out as a note under

section 1401 of this title.

Amendment by section 923 of Pub. L. 98-94 applicable with respect

to the computation of retired or retainer pay of any individual who

becomes entitled to that pay after Sept. 30, 1983, see section

923(g) of Pub. L. 98-94, set out as a note under section 1174 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 502(21), (22) of Pub. L. 96-513 effective

Sept. 15, 1981, and amendment by section 512(10) of Pub. L. 96-513

effective Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out

as a note under section 101 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-207 effective Oct. 1, 1967, see section 7

of Pub. L. 90-207, set out as a note under section 203 of Title 37,

Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9

of Pub. L. 85-422.

Section 6, last paragraph, of Pub. L. 85-422, provided that:

''The amendments made by clauses (1)-(3), (6), (7), (8), and (9) of

this section (to Formulas 1 and 2 and footnote 4 of section 1401,

Formulas C and D and footnote 1 of this section, sections 5083,

5201, and 6326, and Formulas C and D and footnote 1 of section 8991

of this title) do not apply to any person who is retired, or to

whom retired pay (including temporary disability retired pay) is

granted, before the effective date of this Act (June 1, 1958).''

COMPUTATION OF RETIRED PAY FOR CERTAIN ENLISTED MEMBERS RETIRED

PRIOR TO JUNE 1, 1958

Pub. L. 87-537, July 18, 1962, 76 Stat. 168, provided that

members retired prior to June 1, 1958, pursuant to section 4 of

Armed Forces Voluntary Recruitment Act of 1945, as amended by

section 6(a) of the Act of Aug. 10, 1946 (60 Stat. 995), may

include active service performed to date of retirement as

creditable service in computation of basic pay upon which retired

pay is based.

RECOMPUTATION OF RETIRED PAY OF GENERALS AND LIEUTENANT GENERALS

Officers entitled to retired pay on May 31, 1958, who served on

active duty before that day in the grade of general or lieutenant

general for a period of at least 180 days, authorized to recompute

retired pay, see section 7(b), (c) of Pub. L. 85-422, May 20, 1958,

72 Stat. 130.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1406 of this title.

-CITE-

10 USC Sec. 3992 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 371 - COMPUTATION OF RETIRED PAY

-HEAD-

Sec. 3992. Recomputation of retired pay to reflect advancement on

retired list

-STATUTE-

(a) Entitlement to Recomputation. - An enlisted member or warrant

officer of the Army who is advanced on the retired list under

section 3964 of this title is entitled to recompute his retired pay

in accordance with this section.

(b) Formula. - The monthly retired pay of a member entitled to

recompute that pay under this section is computed by multiplying -

(1) the member's retired pay base (as computed under section

1406(c) or 1407 of this title), by

(2) the retired pay multiplier prescribed in section 1409 of

this title for the number of years credited to the member under

section 1405 of this title.

(c) Rounding to Next Lower Dollar. - The amount computed under

subsection (b), if not a multiple of $1, shall be rounded to the

next lower multiple of $1.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 233; Pub. L. 96-342, title

VIII, Sec. 813(c), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513,

title V, Sec. 512(10), Dec. 12, 1980, 94 Stat. 2929; Pub. L.

97-295, Sec. 1(40), Oct. 12, 1982, 96 Stat. 1297; Pub. L. 98-94,

title IX, Sec. 922(a)(8), 923(a)(1), (2)(G), Sept. 24, 1983, 97

Stat. 641-643; Pub. L. 99-348, title II, Sec. 202(b), July 1, 1986,

100 Stat. 695; Pub. L. 103-337, div. A, title VI, Sec. 635(a)(3),

Oct. 5, 1994, 108 Stat. 2788.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3992 10:594 (last 39 Aug. 21, 1941, ch.

words of 1st 384, Sec. 5 (last

proviso). 10:1004 39 words of 1st

(30 words before proviso); restated

proviso). June 29, 1948, ch.

708, Sec. 203(c)

(last 39 words of

1st proviso), 62

Stat. 1085; May 29,

1954, ch. 249, Sec.

19(f), 68 Stat.

167.

June 29, 1948, ch.

708, Sec. 203(e)

(30 words before

proviso), 62 Stat.

1086.

-------------------------------

The words ''basic pay * * * as the case may be'' are inserted to

conform to the terminology of the Career Compensation Act of 1949,

63 Stat. 802 (37 U.S.C. 231 et seq.). The words ''at the rate

prescribed by law for his length of service'', in 10:1004, are

omitted as covered by the words ''base and longevity pay''. The

words ''base and longevity pay'' are retained to cover the cases of

members retired before the enactment of the Career Compensation Act

of 1949, and advanced on the retired list after the enactment of

that act. The words ''and disregard a part of a year that is less

than six months'' are inserted to conform to footnote 4 of section

3991 of this title.

1982 ACT

This amends 10:3992 to correct an inadvertent error in the

codification of title 10 in 1956 relating to retirement pay of

warrant officers advanced on the retired list. For further

details, see the explanation for amendment of 10:1405 made by

section 1(17).

AMENDMENTS

1994 - Pub. L. 103-337 amended section generally. Prior to

amendment, section contained table with two formulas for

recomputing retired pay of enlisted members and warrant officers of

Army to reflect advancement on retired list.

1986 - Pub. L. 99-348 revised table generally by striking out

provision in column 1 that for a person who first became a member

of a uniformed service, as defined in section 1407(a)(2), after

Sept. 7, 1980, one multiplier is the monthly retired pay base as

computed under section 1407(c), substituting in formulas A and B

provision that the retired pay base as computed under section

1406(c) or 1407 of this title be multiplied by the retired pay

multiplier prescribed in section 1409 of this title for the number

of years credited for provisions that the monthly basic pay or base

and longevity pay, as the case may be, subject to footnote 1, of

the grade to which the member is advanced on the retired list be

multiplied by 2 1/2% of years of service credited, subject to

footnote 2, and have subtracted from it the excess over 75% of pay

upon which the computation is based, struck out footnote 1, which

provided that the computation be at the rate applicable on the date

of retirement, and redesignated footnote 2 as 1 and substituted

''In determining retired pay multiplier'' for ''Before applying

percentage factor'' and ''1/12'' for ''one-twelfth''.

1983 - Pub. L. 98-94, Sec. 922(a)(8), inserted ''The amount

recomputed, if not a multiple of $1, shall be rounded to the next

lower multiple of $1.''

Pub. L. 98-94, Sec. 923(a)(1), (2)(G), in footnote 2 of table,

substituted ''Before applying percentage factor, credit each full

month of service that is in addition to the number of full years of

service creditable to the member as one-twelfth of a year and

disregard any remaining fractional part of a month'' for ''Before

applying percentage factor, credit a part of a year that is six

months or more as a whole year, and disregard a part of a year that

is less than six months''.

1982 - Pub. L. 97-295 added formula B, applicable to warrant

officers.

1980 - Pub. L. 96-513 in heading for column 1 of table

substituted ''after September 7, 1980'' for ''on or after the date

of the enactment of the Department of Defense Authorization Act,

1981''.

Pub. L. 96-342 in heading for column 1 of table inserted

provisions respecting applicability to persons becoming members

after the date of the enactment of the Department of Defense

Authorization Act, 1981.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable to computation of retired

pay of any enlisted member who retires on or after Oct. 5, 1994, to

computation of retainer pay of any enlisted member who is

transferred to Fleet Reserve or Fleet Marine Corps Reserve on or

after Oct. 5, 1994, and to recomputation of retired pay of any

enlisted member who is advanced on retired list on or after Oct. 5,

1994, see section 635(e) of Pub. L. 103-337, set out as a note

under section 1405 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983,

see section 922(e) of Pub. L. 98-94, set out as a note under

section 1401 of this title.

Amendment by section 923 of Pub. L. 98-94 applicable with respect

to (1) the computation of retired or retainer pay of any individual

who becomes entitled to that pay after Sept. 30, 1983, and (2) the

recomputation of retired pay under this section, of any individual

who after Sept. 30, 1983, becomes entitled to recompute retired pay

under this section, see section 923(g) of Pub. L. 98-94, set out as

a note under section 1174 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1406 of this title.

-CITE-