Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 1402a"
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description: "Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "71"
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chapter_name: "COMPUTATION OF RETIRED PAY"
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section: "1402a"
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citation: "10 U.S.C. § 1402a"
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---
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# 10 U.S.C. § 1402a - Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980
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## Text
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(a) In General.— A member of an armed force—
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(1) who first became a member of a uniformed service after September 7, 1980;
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(2) who has become entitled to retired pay or retainer pay; and
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(3) who thereafter serves on active duty (other than for training),
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is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table. Column 1TakeColumn 2Multiply by Retired pay base or retainer pay base under section 1407 which he would be entitled to use if—The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of— (1) he were retiring upon release from that active duty; or (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty. (2) his years of active service after becoming entitled to retired pay or retainer pay.
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(b) New Disability Incurred During Later Active Duty.— A member of an armed force who first became a member of a uniformed service after September 7, 1980, who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).
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(c) Additional or Aggravated Disability Incurred During Later Active Duty.— A member of an armed force who first became a member of a uniformed service after September 7, 1980, and who—
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(1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;
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(2) incurs, while on active duty after retirement or after his name was placed on the temporary disability retired list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on that list; and
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(3) is qualified under section 1201, 1202, 1204, or 1205 of this title;
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is entitled, upon his release from active duty, to retired pay under subsection (d).
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(d) Computation for Later Disability.— A member of an armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay, or (2) retired pay computed according to the following table. Column 1 TakeColumn 2 Multiply byColumn 3 Add 1 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. The retired pay base computed under section 1407(b) of this title.As member elects— (1) 2½ percent of years of service credited under section 1208 of this title; 1 or (2) the highest percentage of disability, not to exceed 75 percent, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.Amount necessary to increase product of columns 1 and 2 to 50 percent of pay upon which computation is based, if member is on temporary disability retired list.
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(e) Alternative Recomputation to Subsection (a) Formula.— Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from that active duty, to have his retired pay or retainer pay—
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(1) computed according to the formula set forth in subsection (a) but using the monthly retired pay base under which his retired pay or retainer pay was computed when he entered on that active duty; and
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(2) increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay.
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(f) Additional 10 Percent for Certain Enlisted Members Credited With Extraordinary Heroism.— (1) In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 7314 or 9314 of this title, the member’s retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces.
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(2) The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the retired pay base upon which the recomputation of such retired pay is based.
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(3) The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.
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(Added Pub. L. 96–342, title VIII, § 813(b)(3)(A), Sept. 8, 1980, 94 Stat. 1102; amended Pub. L. 96–513, title V, § 511(51)(A), (B), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98–94, title IX, §§ 922(a)(5), (6), 923(a)(1), (2)(D), (E), Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 99–348, title II, § 201(b)(1), (2), July 1, 1986, 100 Stat. 693; Pub. L. 102–484, div. A, title VI, § 642(b), Oct. 23, 1992, 106 Stat. 2425; Pub. L. 111–383, div. A, title VI, § 631(c), Jan. 7, 2011, 124 Stat. 4239; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
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## Notes
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Editorial Notes
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Amendments2018—Subsec. (f)(1). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”. 2011—Subsec. (d). Pub. L. 111–383, in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability” and struck out column 4 of table which related to subtraction of excess over 75 percent of retired or retainer pay base upon which computation is based. 1992—Subsec. (f). Pub. L. 102–484 added subsec. (f). 1986—Subsec. (a). Pub. L. 99–348, § 201(b)(1), amended subsec. (a) generally. Prior to the amendment, subsec. (a) read as follows: “A member of an armed force who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) after September 7, 1980, who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” Subsec. (b). Pub. L. 99–348, § 201(b)(2)(A), inserted heading. Subsec. (c). Pub. L. 99–348, § 201(b)(2)(B), inserted heading. Subsec. (d). Pub. L. 99–348, § 201(b)(2)(C), inserted heading, struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1, and in column 1 of table struck out “monthly” before “retired pay” and in column 4 of table struck out “monthly” before “retired or”. Subsec. (e). Pub. L. 99–348, § 201(b)(2)(D), inserted heading. 1983—Subsec. (a). Pub. L. 98–94, § 922(a)(5), substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”. Pub. L. 98–94, § 923(a)(1), (2)(D), in footnote 1 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”. Subsec. (d). Pub. L. 98–94, § 922(a)(6), substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”. Pub. L. 98–94, § 923(a)(1), (2)(E), in footnote 1 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”. 1980—Pub. L. 96–513, § 511(51)(B), substituted “of members who first became members after September 7, 1980” for “in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981” in section catchline. Subsecs. (a) to (c). Pub. L. 96–513, § 511(51)(A), substituted “after September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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Effective Date of 2011 AmendmentAmendment by Pub. L. 111–383 applicable to persons who first become entitled to retired or retainer pay under subtitle A of this title after Jan. 7, 2011, and table in subsec. (d) of this section, in effect on the day before Jan. 7, 2011, applicable to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A on or before Jan. 7, 2011, see section 631(d) of Pub. L. 111–383, set out as a note under section 1401 of this title.
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Effective Date of 1983 AmendmentAmendment 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.
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Effective Date of 1980 AmendmentAmendment 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.
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Accrual of Benefits; Prospective ApplicabilityNo benefits to accrue for months beginning before Oct. 23, 1992, by reason of the amendment by Pub. L. 102–484, see section 642(c) of Pub. L. 102–484, set out as a note under section 1402 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 1403"
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description: "Disability retired pay: treatment under Internal Revenue Code of 1986"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "71"
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||||
chapter_name: "COMPUTATION OF RETIRED PAY"
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||||
section: "1403"
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||||
citation: "10 U.S.C. § 1403"
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tags: ["legal", "us-code"]
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||||
---
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# 10 U.S.C. § 1403 - Disability retired pay: treatment under Internal Revenue Code of 1986
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## Text
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That part of the retired pay of a member of an armed force, computed under formula No. 1 or 2 of section 1401, or under section 1402(d) or 1402a(d) of this title on the basis of years of service, which exceeds the retired pay that he would receive if it were computed on the basis of percentage of disability is not considered as a pension, annuity, or similar allowance for personal injury, or sickness, resulting from active service in the armed forces, under section 104(a) of the Internal Revenue Code of 1986.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 96–342, title VIII, § 813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title V, § 511(52)(A), (B), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 100–26, § 7(h)(1), (2)(A), Apr. 21, 1987, 101 Stat. 282.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 140337:272(h).Oct. 12, 1949, ch. 681, § 402(h), 63 Stat. 820.
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Editorial Notes
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References in TextThe Internal Revenue Code of 1986, referred to in text, is set out in Title 26, Internal Revenue Code.
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Amendments1987—Pub. L. 100–26 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” in section catchline and text. 1980—Pub. L. 96–513 substituted “the Internal Revenue Code of 1954” for “title 26” in section catchline and text. Pub. L. 96–342 inserted reference to section 1402a(d) of this title.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1980 AmendmentAmendment 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.
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---
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||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1404"
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description: "Applicability of section 8301 of title 5"
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jurisdiction: "us"
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chapter_number: "71"
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chapter_name: "COMPUTATION OF RETIRED PAY"
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section: "1404"
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citation: "10 U.S.C. § 1404"
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status: "current"
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source_identifier: "/us/usc/t10/s1404"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 1404 - Applicability of section 8301 of title 5
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## Text
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The retirement provisions of this title are subject to section 8301 of title 5.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1404[No source].[No source]. The effect of the act of April 23, 1930 (5 U.S.C. 47a), in temporarily deferring retirement dates otherwise specifically fixed by law is reflected in the sections of the proposed text that name those dates. This section is inserted to make clear that under that act such deferments have no effect on the applicability of the specific rates that are to be used in computing retired pay.
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Editorial Notes
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Amendments1966—Pub. L. 89–718 substituted “8301” for “47a” in section catchline and text.
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---
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||||
type: "LegalText"
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title: "10 U.S.C. § 1405"
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description: "Years of service"
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||||
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||||
chapter_name: "COMPUTATION OF RETIRED PAY"
|
||||
section: "1405"
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||||
citation: "10 U.S.C. § 1405"
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---
|
||||
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# 10 U.S.C. § 1405 - Years of service
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## Text
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(a) In General.— For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—
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(1) his years of active service;
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(2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and
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(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.
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(b) Fractional Years of Service.— In determining a member’s years of service under subsection (a)—
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(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and
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(2) any remaining fractional part of a month shall be disregarded.
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(c) Exclusion of Time Required To Be Made Up or Excluded.— (1) Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a).
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(2) 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.
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(Added Pub. L. 85–422, § 11(a)(1)(A), May 20, 1958, 72 Stat. 130; amended Pub. L. 85–861, § 1(31A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87–649, § 6(f)(4), Sept. 7, 1962, 76 Stat. 494; Pub. L. 87–651, title I, § 109, Sept. 7, 1962, 76 Stat. 509; Pub. L. 90–130, § 1(7), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title I, § 113(b), Dec. 12, 1980, 94 Stat. 2877; Pub. L. 97–295, § 1(17), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 99–348, title I, § 106, July 1, 1986, 100 Stat. 691; Pub. L. 103–337, div. A, title VI, § 635(d), title XVI, § 1662(j)(3), Oct. 5, 1994, 108 Stat. 2789, 3004; Pub. L. 104–106, div. A, title V, § 561(d)(1), Feb. 10, 1996, 110 Stat. 322; Pub. L. 104–201, div. A, title X, § 1074(b)(1), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 107–107, div. A, title X, § 1048(c)(7), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 116–283, div. A, title IX, § 924(b)(25), Jan. 1, 2021, 134 Stat. 3824.)
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## Notes
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Historical and Revision Notes 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1405[No source].[No source]. The amendment reflects section 11 of the Act of May 20, 1958, Pub. L. 85–422 (72 Stat. 130).
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1962 ActThe change corrects a typographical error.
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|
||||
1982 ActThis amends 10:1405 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. Under provisions of law first enacted in 1948 through the codification of title 10 in 1956 and until 1965, warrant officers advanced on the retired list received credit for inactive service in the computation of retirement pay. The Comptroller General in 1965 (B–156576) held in effect that computation of such retirement pay was governed by the wording of new title 10 that based the computation on years of active service only even though this had the result of making a substantive change. The Armed Services Committee of the House of Representatives concurs that an error was made in the codification of title 10 and has indicated that corrective legislative action is properly a responsibility of the House Judiciary Committee. See, also, the amendments to 10:3992 and 8992 made by sections 1(40) and 1(52), respectively.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (c). Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”. 2001—Subsec. (c)(1). Pub. L. 107–107 substituted “October 5, 1994,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”. 1996—Subsec. (c). Pub. L. 104–106, as amended by Pub. L. 104–201, substituted “Made Up or Excluded” for “Made Up” in heading, designated existing provisions as par. (1), substituted “section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” for “section 972 of this title”, and added par. (2). 1994—Subsec. (a)(3). Pub. L. 103–337, § 1662(j)(3), substituted “12733” for “1333” and “12731” for “1331”. Subsec. (c). Pub. L. 103–337, § 635(d), added subsec. (c). 1986—Pub. L. 99–348 designated existing provision as subsec. (a), inserted heading, and in provision preceding par. (1) substituted “the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member” for “section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), or 8992 (formula B) of this title, the years of service of a member of the armed forces”, and added subsec. (b). 1982—Pub. L. 97–295, § 1(17), substituted “3991 (formula A), 3992 (formula B)” for “3991 (formula B)”, struck out “or” first time appearing, and substituted “8991 (formula A), or 8992 (formula B)” for “8991 (formula B)”. 1980—Pub. L. 96–513 struck out provisions that permitted the crediting of certain periods of constructive service in computing the retired pay of medical and dental officers and provided that members would compute their years of service for retirement pay by adding (1) years of active service, (2) years of service not otherwise counted with which the member was entitled to be credited on May 31, 1958, and (3) years of service not otherwise counted with which he would be credited under section 1333 if he were entitled to retired pay under section 1331. 1967—Pub. L. 90–130 struck out references to section 6399(c)(2) of this title. 1962—Pub. L. 87–651 struck out references to sections 6391(h) and 6394(g)(2) of this title and inserted a reference to section 6394(h) of this title. Pub. L. 87–649 substituted “section 205(a)(7) and (8) of title 37” for “section 233(a)(7) of title 37” in cl. (2). 1958—Pub. L. 85–861 inserted references to sections 6323(e) and 6391(h) of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–106 effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title.
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–337, div. A, title VI, § 635(e), Oct. 5, 1994, 108 Stat. 2789, provided that: “This section [amending this section and sections 3925, 3991, 3992, 6333, 8925, 8991, and 8992 of this title] shall apply to— “(1) the computation of the retired pay of any enlisted member who retires on or after the date of the enactment of this Act [Oct. 5, 1994]; “(2) the computation of the retainer pay of any enlisted member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on or after the date of the enactment of this Act; and “(3) the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after the date of the enactment of this Act.” Amendment by section 1662(j)(3) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on 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 1962 AmendmentAmendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
|
||||
|
||||
Effective DateSection effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130.
|
||||
|
||||
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
|
||||
Transition Provisions Under Defense Officer Personnel Management ActFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.
|
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---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1407"
|
||||
description: "Retired pay base for members who first became members after September 7, 1980: high-36 month average"
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
chapter_name: "COMPUTATION OF RETIRED PAY"
|
||||
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|
||||
citation: "10 U.S.C. § 1407"
|
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|
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1407 - Retired pay base for members who first became members after September 7, 1980: high-36 month average
|
||||
|
||||
## Text
|
||||
|
||||
(a) Use of Retired Pay Base in Computing Retired Pay.— The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service after September 7, 1980, is computed using the retired pay base or retainer pay base determined under this section.
|
||||
|
||||
(b) High-Three Average.— Except as provided in subsection (f), the retired pay base or retainer pay base of a person under this section is the person’s high-three average determined under subsection (c) or (d).
|
||||
|
||||
(c) Computation of High-Three Average for Members Entitled to Retired or Retainer Pay for Regular Service.— (1) General rule.— The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or section 12731 of this title is the amount equal to—
|
||||
|
||||
(A) the total amount of monthly basic pay to which the member was entitled for the 36 months (whether or not consecutive) out of all the months of active service of the member for which the monthly basic pay to which the member was entitled was the highest, divided by
|
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|
||||
(B) 36.
|
||||
|
||||
(2) Special rule for short-term disability retirees.— In the case of a member who is entitled to retired pay under section 1201 or 1202 of this title and who has completed less than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal to—
|
||||
|
||||
(A) the total amount of basic pay to which the member was entitled during the period of the member’s active service, divided by
|
||||
|
||||
(B) the number of months (including any fraction thereof) of the member’s active service.
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||||
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||||
(3) Special Rule for Reserve Component Members.— In the case of a member of a reserve component who is entitled to retired pay under section 1201 or 1202 of this title, the member’s high-three average (notwithstanding paragraphs (1) and (2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.
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||||
(d) Computation of High-Three Average for Members and Former Members Entitled to Retired Pay for Nonregular Service.— (1) Retired pay under chapter 1223.— The high-three average of a member or former member entitled to retired pay under section 12731 of this title is the amount equal to—
|
||||
|
||||
(A) the total amount of monthly basic pay to which the member or former member was entitled during the member or former member’s high-36 months (or to which the member or former member would have been entitled if the member or former member had served on active duty during the entire period of the member or former member’s high-36 months), divided by
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(B) 36.
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||||
|
||||
(2) Nonregular service disability retired pay.— The high-three average of a member entitled to retired pay under section 1204 or 1205 of this title is the amount equal to—
|
||||
|
||||
(A) the total amount of monthly basic pay to which the member was entitled during the member’s high-36 months (or to which the member would have been entitled if the member had served on active duty during the entire period of the member’s high-36 months), divided by
|
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||||
(B) 36.
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(3) Special rule for short-term disability retirees.— In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title and who was a member for less than 36 months before being retired under that section, the member’s high-three average (notwithstanding paragraph (2)) is the amount equal to—
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||||
(A) the total amount of basic pay to which the member was entitled during the entire period the member was a member of a uniformed service before being so retired (or to which the member would have been entitled if the member had served on active duty during the entire period the member was a member of a uniformed service before being so retired), divided by
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(B) the number of months (including any fraction thereof) which the member was a member before being so retired.
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(4) High-36 months.— The high-36 months of a member or former member whose retired pay is covered by paragraph (1) or (2) are the 36 months (whether or not consecutive) out of all the months before the member or former member became entitled to retired pay or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a), for which the monthly basic pay to which the member or former member was entitled (or would have been entitled if serving on active duty during those months) was the highest. In the case of a former member, only months during which the former member was a member of a uniformed service may be used for purposes of the preceding sentence.
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(e) Limitation for Enlisted Members Retiring With Less Than 30 Years’ Service.— In the case of a member who is retired under section 7314 or 9314 of this title or who is transferred to the Fleet Reserve or Fleet Marine Corps Reserve under section 8330 of this title, the member’s high-36 average shall be computed using only rates of basic pay applicable to months of active duty of the member as an enlisted member.
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(f) Exception for Enlisted Members Reduced in Grade and Officers Who Do Not Serve Satisfactorily in Highest Grade Held.— (1) Computation based on pre-high-three rules.— In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980.
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(2) Affected members.— A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after October 30, 2000—
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(A) in the case of a member retired in an enlisted grade or transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to a commissioned or warrant grade; and
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(B) in the case of an officer, is retired in a grade lower than the highest grade in which served pursuant to section 1370 or 1370a of this title that the officer served on active duty satisfactorily in that grade.
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(3) Special rule for enlisted members.— In the case of a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (1) but for a subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the rates of basic pay used in the computation of the member’s high-36 average for the period of the member’s service in a grade higher than the grade in which retired shall be the rates of pay that would apply if the member had been serving for that period in the grade in which retired.
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(4) Special rule for officers who served in grade o–9 or o–10 and retired in grade o–8.— In the case of an officer who served in the temporary grade of O–9 or O–10 and received a conditional or final retirement in the permanent grade of O–8 pursuant to section 1370 or 1370a of this title, the retired pay base or retainer pay shall be the lower of—
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(A) the amount determined under subsection (c) or (d), as applicable; or
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(B) the amount determined under section 1406 of this title, as if the officer first became a member of a uniformed service before September 8, 1980.
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(Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 689; amended Pub. L. 101–189, div. A, title VI, § 651(a), (b)(2), Nov. 29, 1989, 103 Stat. 1459, 1460; Pub. L. 103–337, div. A, title XVI, § 1662(j)(5), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 104–106, div. A, title XV, § 1501(c)(15), Feb. 10, 1996, 110 Stat. 499; Pub. L. 106–398, § 1 [[div. A], title VI, § 651], Oct. 30, 2000, 114 Stat. 1654, 1654A–163; Pub. L. 107–107, div. A, title X, § 1048(c)(8), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title VI, § 641(a), Oct. 28, 2004, 118 Stat. 1957; Pub. L. 111–84, div. A, title VI, § 643(d)(2), Oct. 28, 2009, 123 Stat. 2367; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title V, § 508(b)(1)(B), Jan. 1, 2021, 134 Stat. 3585; Pub. L. 118–159, div. A, title VI, § 605, Dec. 23, 2024, 138 Stat. 1931.)
|
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|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1407, added Pub. L. 96–342, title VIII, § 813(a)(1), Sept. 8, 1980, 94 Stat. 1100; amended Pub. L. 96–513, title I, § 113(c), title V, §§ 501(21), 511(53), Dec. 12, 1980, 94 Stat. 2877, 2908, 2925, related to determination of retired base pay, prior to repeal by Pub. L. 99–348, § 104(b).
|
||||
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||||
Amendments2024—Subsec. (f)(4). Pub. L. 118–159 added par. (4). 2021—Subsec. (f)(2)(B). Pub. L. 116–283 substituted “pursuant to section 1370 or 1370a” for “by reason of denial of a determination or certification under section 1370”. 2018—Subsec. (e). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”. 2009—Subsec. (d)(4). Pub. L. 111–84 inserted “or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a),” after “became entitled to retired pay”. 2004—Subsec. (c)(3). Pub. L. 108–375 added par. (3). 2001—Subsec. (f)(2). Pub. L. 107–107 substituted “October 30, 2000—” for “the date of the enactment of this subsection—” in introductory provisions. 2000—Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 651(1)], substituted “Except as provided in subsection (f), the retired pay base” for “The retired pay base”. Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title VI, § 651(2)], added subsec. (f). 1996—Subsec. (c)(1). Pub. L. 104–106, § 1501(c)(15)(A), substituted “section 12731” for “section 1331”. Subsec. (d)(1). Pub. L. 104–106 substituted in heading “chapter 1223” for “chapter 67” and in text “section 12731” for “section 1331”. 1994—Subsec. (c)(2)(B). Pub. L. 103–337, § 1662(j)(5)(A), which directed substitution of “chapter 1223” for “chapter 67”, could not be executed because the words “chapter 67” did not appear subsequent to amendment by Pub. L. 101–189, § 651(a)(2), (4). See 1989 Amendment note below. Subsec. (f)(2). Pub. L. 103–337, § 1662(j)(5)(B), which directed amendment of subsec. (f)(2) by substituting “Chapter 1223” for “Chapter 67” in heading and “section 12731” for “section 1331” in text, could not be executed because of previous repeal of subsec. (f) by Pub. L. 101–189, § 651(a)(2). See 1989 Amendment note below. 1989—Subsec. (b). Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “person” for “member”, “person’s” for “member’s”, and “subsection (c) or (d)” for “subsection (c)”. Subsec. (c). Pub. L. 101–189, § 651(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which related to computation of high-three average. Subsec. (d). Pub. L. 101–189, § 651(a)(4), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101–189, § 651(a)(2), (3), redesignated subsec. (d) as (e) and struck out former subsec. (e) which related to special rules for short-term disability retirees. Subsecs. (f), (g). Pub. L. 101–189, § 651(a)(2), struck out subsec. (f) which related to special rule for members retiring with non-regular service, and subsec. (g) which defined the term “years of creditable service”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2004 AmendmentPub. L. 108–375, div. A, title VI, § 641(b), Oct. 28, 2004, 118 Stat. 1957, provided that: “Paragraph (3) of section 1407(c) of title 10, United States Code, as added by subsection (a), shall take effect— “(1) for purposes of determining an annuity under subchapter II or III of chapter 73 of that title, with respect to deaths on active duty on or after September 10, 2001; and “(2) for purposes of determining the amount of retired pay of a member of a reserve component entitled to retired pay under section 1201 or 1202 of such title, with respect to such entitlement that becomes effective on or after the date of the enactment of this Act [Oct. 28, 2004].”
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1407a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "COMPUTATION OF RETIRED PAY"
|
||||
section: "1407a"
|
||||
citation: "10 U.S.C. § 1407a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1407a - Retired pay base: officers retired in general or flag officer grades
|
||||
|
||||
## Text
|
||||
|
||||
(a) Rates of Basic Pay to Be Used in Determination.— Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under section 203(a)(2) of title 37.
|
||||
|
||||
(b) Partial Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Covered Officers Who First Became Members Before September 8, 1980, and Whose Retired Pay Commences After December 31, 2014.— (1) Officers retiring after december 31, 2014.— In the case of a covered general or flag officer who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of section 203(a)(2) of title 37).
|
||||
|
||||
(2) Alternative determination of retired pay base using uncapped rates of basic pay as of december 31, 2014.— For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of December 31, 2014, for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under section 203(a)(2) of title 37.
|
||||
|
||||
(3) Exception for officer retired in a lower grade.— In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on December 31, 2014, paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.
|
||||
|
||||
(c) Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Officers Transferring to Retired Reserve During Specified Period.— In the case of a covered general or flag officer who is transferred to the Retired Reserve between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired pay under section 12731 of this title after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under section 203(a)(2) of title 37.
|
||||
|
||||
(d) Covered General or Flag Officer Defined.— In this section, the term “covered general or flag officer” means a member or former member of a uniformed service who after September 30, 2006—
|
||||
|
||||
(1) is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or
|
||||
|
||||
(2) is transferred to the Retired Reserve in a general officer grade or flag officer grade.
|
||||
|
||||
(Added Pub. L. 109–364, div. A, title VI, § 641(a), Oct. 17, 2006, 120 Stat. 2258; amended Pub. L. 113–291, div. A, title VI, § 622(a), Dec. 19, 2014, 128 Stat. 3401.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2014—Pub. L. 113–291 amended section generally. Prior to amendment section related to retired pay base: officers retired in general or flag officer grades, consisting of subsecs. (a) and (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2014 AmendmentPub. L. 113–291, div. A, title VI, § 622(b), Dec. 19, 2014, 128 Stat. 3403, provided that: “Section 1407a of title 10, United States Code, as amended by subsection (a), shall be effective for retired pay that commences after December 31, 2014.”
|
||||
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||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1409 - Retired pay multiplier
|
||||
|
||||
## Text
|
||||
|
||||
(a) Retired Pay Multiplier for Regular-Service Nondisability Retirement.— In computing—
|
||||
|
||||
(1) the retired pay of a member of a uniformed service who is entitled to that pay under any provision of law other than—
|
||||
|
||||
(A) chapter 61 of this title (relating to retirement or separation for physical disability); or
|
||||
|
||||
(B) chapter 1223 of this title (relating to retirement for non-regular service); or
|
||||
|
||||
(2) the retainer pay of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title,
|
||||
|
||||
the retired pay multiplier (or retainer pay multiplier) is the percentage determined under subsection (b).
|
||||
|
||||
(b) Percentage.— (1) General rule.— Subject to paragraphs (2) and (3), the percentage to be used under subsection (a) is the product (stated as a percentage) of—
|
||||
|
||||
(A) 2½, and
|
||||
|
||||
(B) the member’s years of creditable service (as defined in subsection (c)).
|
||||
|
||||
(2) Reduction applicable to certain new-retirement members with less than 30 years of service.— In the case of a member who first became a member of a uniformed service after July 31, 1986, has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of title 37, has less than 30 years of creditable service, and is under the age of 62 at the time of retirement, the percentage determined under paragraph (1) shall be reduced by—
|
||||
|
||||
(A) 1 percentage point for each full year that the member’s years of creditable service are less than 30; and
|
||||
|
||||
(B) 1⁄12 of 1 percentage point for each month by which the member’s years of creditable service (after counting all full years of such service) are less than a full year.
|
||||
|
||||
(3) 30 years of service.— (A) Retirement before january 1, 2007.— In the case of a member who retires before January 1, 2007, with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent.
|
||||
|
||||
(B) Retirement after december 31, 2006.— In the case of a member who retires after December 31, 2006, with more than 30 years of creditable service, the percentage to be used under subsection (a) is the sum of—
|
||||
|
||||
(i) 75 percent; and
|
||||
|
||||
(ii) the product (stated as a percentage) of—
|
||||
|
||||
(I) 2½; and
|
||||
|
||||
(II) the member’s years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.
|
||||
|
||||
(4) Modernized retirement system.— (A) Reduced multiplier for full tsp members.— Notwithstanding paragraphs (1), (2), and (3), in the case of a member who first becomes a member of the uniformed services on or after January 1, 2018, or a member who makes the election described in subparagraph (B) (referred to as a “full TSP member”)—
|
||||
|
||||
(i) paragraph (1)(A) shall be applied by substituting “2” for “2½”;
|
||||
|
||||
(ii) clause (i) of paragraph (3)(B) shall be applied by substituting “60 percent” for “75 percent”; and
|
||||
|
||||
(iii) clause (ii)(I) of such paragraph shall be applied by substituting “2” for “2½”.
|
||||
|
||||
(B) Election to participate in modernized retirement system.— Pursuant to subparagraph (C), a member of a uniformed service serving on December 31, 2017, who has served in the uniformed services for fewer than 12 years as of December 31, 2017, may elect, in exchange for the reduced multipliers described in subparagraph (A) for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan contributions pursuant to section 8440e(e) of title 5.
|
||||
|
||||
(C) Election period.— (i) In general.— Except as provided in clauses (ii), (iii), (iv), and (v), a member of a uniformed service described in subparagraph (B) may make the election authorized by that subparagraph only during the period that begins on January 1, 2018, and ends on December 31, 2018.
|
||||
|
||||
(ii) Hardship extension.— The Secretary concerned may extend the election period described in clause (i) for a member who experiences a hardship as determined by the Secretary concerned.
|
||||
|
||||
(iii) Effect of break in service.— A member of a uniformed service who returns to service after a break in service that occurs during the election period specified in clause (i) shall make the election described in subparagraph (B) within 30 days after the date of the reentry into service of the member.
|
||||
|
||||
(iv) Cadets and midshipmen, etc.— A member of a uniformed service who serves as a cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps during the election period specified in clause (i) shall make the election described in subparagraph (B)—
|
||||
|
||||
(I) on or after the date on which such cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps is appointed as a commissioned officer or otherwise begins to receive basic pay; and
|
||||
|
||||
(II) not later than 30 days after such date or the end of such election period, whichever is later.
|
||||
|
||||
(v) Inactive reserves.— A member of a reserve component who is not in an active status during the election period specified in clause (i) shall make the election described in subparagraph (B)—
|
||||
|
||||
(I) on or after the date on which such member is transferred from an inactive status to an active status or active duty; and
|
||||
|
||||
(II) not later than 30 days after such date or the end of such election period, whichever is later.
|
||||
|
||||
(D) No retroactive contributions pursuant to election.— Thrift Savings Plan contributions may not be made for a member making an election pursuant to subparagraph (B) for any period beginning before the date of the member’s election under that subparagraph by reason of the member’s election.
|
||||
|
||||
(E) Regulations.— The Secretary concerned shall prescribe regulations to implement this paragraph.
|
||||
|
||||
(c) Years of Creditable Service Defined.— In this section, the term “years of creditable service” means the number of years of service creditable to a member in computing the member’s retired or retainer pay (including 1⁄12 of a year for each full month of service that is in addition to the number of full years of service of the member).
|
||||
|
||||
(Added Pub. L. 99–348, title I, § 101, July 1, 1986, 100 Stat. 683; amended Pub. L. 101–189, div. A, title VI, § 651(b)(3), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 103–337, div. A, title XVI, § 1662(j)(6), Oct. 5, 1994, 108 Stat. 3005; Pub. L. 106–65, div. A, title VI, §§ 641(a), 643(b)(2), Oct. 5, 1999, 113 Stat. 662, 664; Pub. L. 109–364, div. A, title VI, § 642(a), Oct. 17, 2006, 120 Stat. 2259; Pub. L. 110–181, div. A, title VI, § 661(b)(3), Jan. 28, 2008, 122 Stat. 178; Pub. L. 114–92, div. A, title VI, § 631(a), Nov. 25, 2015, 129 Stat. 842; Pub. L. 114–328, div. A, title VI, § 631(a), Dec. 23, 2016, 130 Stat. 2162; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(2), means section 322 of title 37 as in effect before enactment of Pub. L. 110–181. Section 322 of title 37 was renumbered as section 354 of title 37 and amended by Pub. L. 110–181, div. A, title VI, § 661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178.
|
||||
|
||||
Amendments2018—Subsec. (a)(2). Pub. L. 115–232 substituted “section 8330” for “section 6330”. 2016—Subsec. (b)(4)(C)(i). Pub. L. 114–328, § 631(a)(1), substituted “, (iii), (iv), and (v)” for “and (iii)”. Subsec. (b)(4)(C)(iv), (v). Pub. L. 114–328, § 631(a)(2), added cls. (iv) and (v). 2015—Subsec. (b)(4). Pub. L. 114–92 added par. (4). 2008—Subsec. (b)(2). Pub. L. 110–181, in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”. 2006—Subsec. (b)(3). Pub. L. 109–364 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In the case of a member with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent.” 1999—Subsec. (b)(2). Pub. L. 106–65 inserted “certain” after “Reduction applicable to” in heading and “has elected to receive a bonus under section 322 of title 37,” after “July 31, 1986,” in introductory provisions. 1994—Subsec. (a)(1)(B). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”. 1989—Subsec. (a)(1). Pub. L. 101–189 substituted “who is entitled to that pay” for “who is retired” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentPub. L. 114–328, div. A, title VI, § 631(b), Dec. 23, 2016, 130 Stat. 2162, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by section 631(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 842) [amending this section], to which the amendments made by subsection (a) relate.”
|
||||
|
||||
Effective Date of 2015 Amendment; ImplementationAmendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.
|
||||
|
||||
Effective Date of 1999 AmendmentAmendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1410 - Restoral of full retirement amount at age 62 for certain members entering on or after August 1, 1986
|
||||
|
||||
## Text
|
||||
|
||||
In the case of a member or former member who first became a member of a uniformed service on or after August 1, 1986, who has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of title 37, and who becomes entitled to retired pay before the age of 62, the retired pay of such member or former member shall be recomputed, effective on the first day of the first month beginning after the member or former member attains 62 years of age, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if—
|
||||
|
||||
(1) increases in the retired pay of the member or former member under section 1401a(b) of this title had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and
|
||||
|
||||
(2) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, no reduction in the member’s retired pay had been made under that section.
|
||||
|
||||
(Added Pub. L. 99–348, title I, § 103, July 1, 1986, 100 Stat. 685; amended Pub. L. 100–224, § 2, Dec. 30, 1987, 101 Stat. 1536; Pub. L. 101–189, div. A, title VI, § 651(b)(4), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 106–65, div. A, title VI, §§ 641(c), 643(b)(3)(A), Oct. 5, 1999, 113 Stat. 662, 664; Pub. L. 110–181, div. A, title VI, § 661(b)(3), Jan. 28, 2008, 122 Stat. 178; Pub. L. 113–67, div. A, title IV, § 403(b), Dec. 26, 2013, 127 Stat. 1186; Pub. L. 114–92, div. A, title VI, § 631(d)(1), Nov. 25, 2015, 129 Stat. 845.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in text, means section 322 of title 37 as in effect before enactment of Pub. L. 110–181. Section 322 of title 37 was renumbered as section 354 of title 37 and amended by Pub. L. 110–181, div. A, title VI, § 661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178.
|
||||
|
||||
Amendments2015—Par. (1). Pub. L. 114–92, § 631(d)(1), which was approved Nov. 25, 2015, provided that the amendment made by Pub. L. 113–67, § 403(b), which was effective Dec. 1, 2015, would not take effect. See 2013 Amendment note below. 2013—Par. (1). Pub. L. 113–67, § 403(b), which directed substitution of “paragraph (3) or (4)” for “paragraph (3)”, did not take effect pursuant to Pub. L. 114–92, § 631(d)(1). See 2015 Amendment note above. 2008—Pub. L. 110–181, in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”. 1999—Pub. L. 106–65 inserted “certain” before “members” in section catchline and “who has elected to receive a bonus under section 322 of title 37,” after “August 1, 1986,” in introductory provisions. 1989—Pub. L. 101–189, § 651(b)(4), in introductory provisions, inserted “or former member” after “In the case of a member”, “the retired pay of such member”, “after the member”, and “to which the member”, and in par. (1), substituted “retired pay of the member or former member” for “member’s retired pay”. 1987—Pub. L. 100–224 struck out heading “(a) General rule”, substituted provisions that the amount equal to the amount of retired pay to which the member would be entitled on that date if (1) increases in the member’s retired pay under section 1401a(b) of this title had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and (2) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, no reduction in the member’s retired pay had been made under that section, for provisions that the amount equal to (1) the amount of the member’s initial unreduced retired pay, increased by (2) the percent (adjusted to the nearest one-tenth of 1 percent) by which (A) the price index for the most recent base quarter ending more than 31 days before the date the member attains 62 years of age, exceeds (B) the price index for the calendar quarter immediately before the date the member first became entitled to retired pay, and struck out subsec. (b) which had directed that, in this section, the term “initial unreduced retired pay” meant the amount of retired pay (A) to which the member was entitled when the member first became entitled to retired pay; or (B) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, to which the member would have been entitled on the date of the member’s retirement without regard to that section, and that the definitions in subsection (g), and the provisions of subsection (h), of section 1401a of this title applied to this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2013 AmendmentAmendment by Pub. L. 113–67 effective Dec. 1, 2015, see section 403(c) of Pub. L. 113–67, set out as a note under section 1401a of this title. Amendment did not take effect pursuant to section 631(d)(1) of Pub. L. 114–92, set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under section 1401a of this title.
|
||||
|
||||
Effective Date of 1999 AmendmentAmendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title.
|
||||
@@ -0,0 +1,37 @@
|
||||
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|
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1411 - Rules of construction
|
||||
|
||||
## Text
|
||||
|
||||
(a) Construction of “First Became a Member”.— For purposes of this chapter and other provisions of law providing for computation of retired or retainer pay of members of the uniformed services, a person shall be considered to first become a member of a uniformed service on the date the person is first enlisted, inducted, or appointed in a uniformed service.
|
||||
|
||||
(b) References in Tables.— Section references in tables in this chapter are to sections of this title.
|
||||
|
||||
(Added Pub. L. 99–348, title I, § 105, July 1, 1986, 100 Stat. 691.)
|
||||
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|
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|
||||
text_hash: "fb2ba8013a2d4c122ae82019e18323205f348f90b21e2d2e615fec935863de65"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1412 - Administrative provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Rounding.— Amounts computed under this chapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
|
||||
|
||||
(b) Payment Date.— Amounts of retired pay and retainer pay due a retired member of the uniformed services shall be paid on the first day of each month beginning after the month in which the right to such pay accrues.
|
||||
|
||||
(Added Pub. L. 99–348, title I, § 105, July 1, 1986, 100 Stat. 691; amended Pub. L. 111–383, div. A, title VI, § 632(a), (b)(1), Jan. 7, 2011, 124 Stat. 4240.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Pub. L. 111–383, § 632(b)(1), substituted “Administrative provisions” for “Rounding to next lower dollar” in section catchline. Pub. L. 111–383, § 632(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2011 AmendmentPub. L. 111–383, div. A, title VI, § 632(c), Jan. 7, 2011, 124 Stat. 4240, provided that: “Subsection (b) of section 1412 of title 10, United States Code, as added by subsection (a), shall apply beginning with the first month that begins more than 30 days after the date of the enactment of this Act [Jan. 7, 2011].”
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1413 - Repealed. Pub. L. 108–136, div. A, title VI, § 641(b), Nov. 24, 2003, 117 Stat. 1514]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 106–65, div. A, title VI, § 658(a)(1), Oct. 5, 1999, 113 Stat. 668; amended Pub. L. 106–398, § 1 [[div. A], title VI, § 657(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–166; Pub. L. 107–107, div. A, title VI, § 641(b), (e)(1), (2), Dec. 28, 2001, 115 Stat. 1150, 1151; Pub. L. 107–314, div. A, title VI, § 636(b), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 108–136, div. A, title VI, § 641(c)(1), Nov. 24, 2003, 117 Stat. 1514, related to special compensation for certain severely disabled uniformed services retirees.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective Jan. 1, 2004, and applicable to payments for months beginning on or after that date, see section 641(e) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under section 1414 of this title.
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1413a"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1413a - Combat-related special compensation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b).
|
||||
|
||||
(b) Amount.— (1) Determination of monthly amount.— Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.
|
||||
|
||||
(2) Maximum amount.— The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38.
|
||||
|
||||
(3) Special rules for chapter 61 disability retirees.— (A) General rule.— In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
|
||||
|
||||
(B) Special rule for retirees with fewer than 20 years of service.— In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount equal to the retired pay percentage (determined for the member under section 1409(b) of this title) of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.
|
||||
|
||||
(c) Eligible Retirees.— For purposes of this section, an eligible combat-related disabled uniformed services retiree referred to in subsection (a) is a member of the uniformed services who—
|
||||
|
||||
(1) is entitled to retired pay (other than by reason of section 12731b of this title); and
|
||||
|
||||
(2) has a combat-related disability.
|
||||
|
||||
(d) Procedures.— The Secretary of Defense shall prescribe procedures and criteria under which a disabled uniformed services retiree may apply to the Secretary of a military department to be considered to be an eligible combat-related disabled uniformed services retiree. Such procedures shall apply uniformly throughout the Department of Defense.
|
||||
|
||||
(e) Combat-Related Disability.— In this section, the term “combat-related disability” means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that—
|
||||
|
||||
(1) is attributable to an injury for which the member was awarded the Purple Heart; or
|
||||
|
||||
(2) was incurred (as determined under criteria prescribed by the Secretary of Defense)—
|
||||
|
||||
(A) as a direct result of armed conflict;
|
||||
|
||||
(B) while engaged in hazardous service;
|
||||
|
||||
(C) in the performance of duty under conditions simulating war; or
|
||||
|
||||
(D) through an instrumentality of war.
|
||||
|
||||
(f) Coordination With Concurrent Receipt Provision.— Subsection (d) of section 1414 of this title provides for coordination between benefits under that section and under this section.
|
||||
|
||||
(g) Status of Payments.— Payments under this section are not retired pay.
|
||||
|
||||
(h) Source of Payments.— Payments under this section for a member of the Army, Navy, Air Force, Marine Corps, or Space Force shall be paid from the Department of Defense Military Retirement Fund. Payments under this section for any other member for any fiscal year shall be paid out of funds appropriated for pay and allowances payable by the Secretary concerned for that fiscal year.
|
||||
|
||||
(i) Other Definitions.— In this section:
|
||||
|
||||
(1) The term “service-connected” has the meaning given such term in section 101 of title 38.
|
||||
|
||||
(2) The term “retired pay” includes retainer pay, emergency officers’ retirement pay, and naval pension.
|
||||
|
||||
(Added Pub. L. 107–314, div. A, title VI, § 636(a)(1), Dec. 2, 2002, 116 Stat. 2574; amended Pub. L. 108–136, div. A, title VI, §§ 641(c)(1), 642(a)–(e)(1), Nov. 24, 2003, 117 Stat. 1514, 1516, 1517; Pub. L. 110–181, div. A, title VI, § 641(a), (b), Jan. 28, 2008, 122 Stat. 156; Pub. L. 112–239, div. A, title VI, § 643(a), Jan. 2, 2013, 126 Stat. 1783; Pub. L. 113–76, div. C, title X, § 10001(b)(1), Jan. 17, 2014, 128 Stat. 151; Pub. L. 114–92, div. A, title VI, § 631(d)(2), Nov. 25, 2015, 129 Stat. 845; Pub. L. 114–328, div. A, title VI, § 634(a), Dec. 23, 2016, 130 Stat. 2163; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(X), Jan. 1, 2021, 134 Stat. 3821.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (h). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”. 2016—Subsec. (b)(3)(B). Pub. L. 114–328 substituted “the retired pay percentage (determined for the member under section 1409(b) of this title)” for “2½ percent”. 2015—Subsec. (b)(3). Pub. L. 114–92, § 631(d)(2), which was approved Nov. 25, 2015, provided that the amendments made by Pub. L. 113–76, § 10001(b)(1), which were effective Dec. 1, 2015, would not take effect. See 2014 Amendment notes below. 2014—Subsec. (b)(3)(A). Pub. L. 113–76, § 10001(b)(1)(A), which directed insertion of “, with adjustment under paragraph (2) of section 1401a(b) of this title to which the member would have been entitled (but without the application of paragraph (4) of such section),” after “under any other provision of law”, did not take effect pursuant to Pub. L. 114–92, § 631(d)(2). See 2015 Amendment note above. Subsec. (b)(3)(B). Pub. L. 113–76, § 10001(b)(1)(B), which directed substitution of “with adjustment under paragraph (2) of section 1401a(b) of this title to which the member would have been entitled (but without the application of paragraph (4) of such section), whichever is applicable to the member.” for “whichever is applicable to the member.”, did not take effect pursuant to Pub. L. 114–92, § 631(d)(2). See 2015 Amendment note above. 2013—Subsec. (b)(3). Pub. L. 112–239 substituted “may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed” for “shall be reduced by the amount (if any) by which the amount of the member’s retired pay under chapter 61 of this title exceeds” in subpars. (A) and (B). 2008—Subsec. (b)(3). Pub. L. 110–181, § 641(b), designated existing text as subpar. (A), inserted heading, and added subpar. (B). Subsec. (c). Pub. L. 110–181, § 641(a), substituted “who—” for “entitled to retired pay who—” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: “(1) has completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the member is entitled or is entitled to retired pay under section 12731 of this title (other than by reason of section 12731b of this title); and “(2) has a combat-related disability.” 2003—Pub. L. 108–136, § 642(e)(1), substituted “Combat-related special compensation” for “Special compensation for certain combat-related disabled uniformed services retirees” in section catchline. Subsec. (b)(1). Pub. L. 108–136, § 642(c), substituted “under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.” for “for a combat-related disability under subsection (a) is the monthly amount of compensation to which the retiree would be entitled solely for the combat-related disability consistent with chapter 11 of title 38.” Subsec. (c)(1). Pub. L. 108–136, § 642(b), inserted before semicolon at end “or is entitled to retired pay under section 12731 of this title (other than by reason of section 12731b of this title)”. Subsec. (c)(2). Pub. L. 108–136, § 642(a)(2), struck out “qualifying” before “combat-related disability”. Subsec. (e). Pub. L. 108–136, § 642(a)(1), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) defined term “qualifying combat-related disability”. Subsec. (f). Pub. L. 108–136, § 642(d), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “(1) Single source of compensation.—An individual who is paid special compensation under this section may not receive special compensation under section 1413 of this title. “(2) Election of source.—An individual who is eligible for special compensation under this section and special compensation under section 1413 of this title shall elect which special compensation to receive. “(3) Regulations.—The Secretary of Defense shall prescribe in regulations the manner and form of an election under this subsection.” Subsec. (h). Pub. L. 108–136, § 641(c)(1), inserted first sentence and inserted “for any other member” before “for any fiscal year”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentPub. L. 114–328, div. A, title VI, § 634(b), Dec. 23, 2016, 130 Stat. 2164, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by part I of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 842) [§§ 631–635, enacting section 1415 of this title and section 356 of Title 37, Pay and Allowances of the Uniformed Services, and amending this section and sections 1401, 1401a, 1409, 1410, 1414, 1463, and 12739 of this title, sections 8432, 8432b, 8438, and 8440e of Title 5, Government Organization and Employees, section 3045 of Title 33, Navigation and Navigable Waters, sections 211 and 354 of Title 37, section 5304 of Title 38, Veterans’ Benefits, and section 212 of Title 42, The Public Health and Welfare], to which the amendment made by subsection (a) relates.”
|
||||
|
||||
Effective Date of 2014 AmendmentAmendment by Pub. L. 113–76 effective Dec. 1, 2015, immediately after the coming into effect of section 403 of Pub. L. 113–67 and the amendments made by that section, see section 10001(c) of Pub. L. 113–76, set out as a note under section 1401a of this title. Amendment did not take effect pursuant to section 631(d)(2) of Pub. L. 114–92, set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under section 1401a of this title.
|
||||
|
||||
Effective Date of 2013 AmendmentPub. L. 112–239, div. A, title VI, § 643(b), Jan. 2, 2013, 126 Stat. 1783, provided that: “The amendment made by this section [amending this section] shall take effect as of January 1, 2013, and shall apply to payments for months beginning on or after that date.”
|
||||
|
||||
Effective Date of 2008 AmendmentPub. L. 110–181, div. A, title VI, § 641(c), Jan. 28, 2008, 122 Stat. 156, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.”
|
||||
|
||||
Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title VI, § 641(c)(6), Nov. 24, 2003, 117 Stat. 1516, provided that: “The amendments made by this subsection [amending this section and sections 1413, 1463, 1465, and 1466 of this title] shall take effect as of October 1, 2003. The Secretary of Defense shall provide for such administrative adjustments as necessary to provide for payments made for any period during fiscal year 2004 before the date of the enactment of this Act [Nov. 24, 2003] to be treated as having been made in accordance with such amendments and for the provisions of such amendments to be implemented as if enacted as of September 30, 2003.” Pub. L. 108–136, div. A, title VI, § 642(f), Nov. 24, 2003, 117 Stat. 1517, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section] shall apply to payments under section 1413a of title 10, United States Code, for months beginning on or after January 1, 2004. The amendment made by subsection (d) [amending this section] shall take effect on January 1, 2004.”
|
||||
|
||||
Effective DatePub. L. 107–314, div. A, title VI, § 636(a)(2), Dec. 2, 2002, 116 Stat. 2576, provided that: “Section 1413a of title 10, United States Code, as added by paragraph (1), shall take effect not later than 180 days after the date of the enactment of this Act [Dec. 2, 2002].”
|
||||
|
||||
Clarification of Eligibility of Members of the Coast Guard for Combat-Related Special CompensationPub. L. 114–120, title II, § 221, Feb. 8, 2016, 130 Stat. 48, as amended by Pub. L. 117–263, div. K, title CXIV, § 11404(c), Dec. 23, 2022, 136 Stat. 4110, Pub. L. 119–60, div. G, title LXXII, § 7201(k)(2), Dec. 18, 2025, 139 Stat. 1687, provided that: “(a) Consideration of Eligibility.—“(1) In general.—Not later than 90 days after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall issue procedures and criteria to use in determining whether the disability of a member of the Coast Guard is a combat-related disability for purposes of the eligibility of such member for combat-related special compensation under section 1413a of title 10, United States Code. Such procedures and criteria shall include the procedures and criteria prescribed by the Secretary of Defense pursuant to subsection (e)(2) of such section. Such procedures and criteria shall apply in determining whether the disability of a member of the Coast Guard is a combat-related disability for purposes of determining the eligibility of such member for combat-related special compensation under such section. “(2) Disability for which a determination is made.—For the purposes of this section, and in the case of a member of the Coast Guard, a disability under section 1413a(e)(2)(B) of title 10, United States Code, includes a disability incurred during aviation duty, diving duty, rescue swimmer or similar duty, hazardous service duty onboard a small vessel (such as duty as a surfman), or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities)—“(A) in the performance of duties for which special or incentive pay was paid pursuant to section 301, 301a, 304, 307, 334, or 351 of title 37, United States Code; “(B) in the performance of duties related to a statutory mission of the Coast Guard under section 102 of title 14, United States Code; or “(C) while engaged in a training exercise for the performance of a duty described in subparagraphs (A) and (B). “(b) Applicability of Procedures and Criteria.—The procedures and criteria issued pursuant to subsection (a) shall apply to disabilities described in that subsection that are incurred on or after the effective date provided in section 636(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2574; 10 U.S.C. 1413a note) [See Effective Date note above]. “(c) Reapplication for Compensation.—Any member of the Coast Guard who was denied combat-related special compensation under section 1413a of title 10, United States Code, during the period beginning on the effective date specified in subsection (b) and ending on the date of the issuance of the procedures and criteria required by subsection (a) may reapply for combat-related special compensation under such section on the basis of such procedures and criteria in accordance with such procedures as the Secretary of the department in which the Coast Guard is operating shall specify.”
|
||||
@@ -0,0 +1,157 @@
|
||||
---
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1414 - Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Payment of Both Retired Pay and Compensation.— (1) In general.— Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a “qualified retiree”) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:
|
||||
|
||||
(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
|
||||
|
||||
(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.
|
||||
|
||||
(2) Qualifying service-connected disability.— In this section, the term “qualifying service-connected disability” means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.
|
||||
|
||||
(b) Special Rules for Chapter 61 Disability Retirees.— (1) Career retirees.— The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, at the time of the member’s retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
|
||||
|
||||
(2) Disability retirees with less than 20 years of service.— Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member’s retirement.
|
||||
|
||||
(c) Phase-in of Full Concurrent Receipt.— During the period beginning on January 1, 2004, and ending on December 31, 2013, retired pay payable to a qualified retiree that pursuant to the second sentence of subsection (a)(1) is subject to this subsection shall be determined as follows:
|
||||
|
||||
(1) Calendar year 2004.— For a month during 2004, the amount of retired pay payable to a qualified retiree is the amount (if any) of retired pay in excess of the current baseline offset plus the following:
|
||||
|
||||
(A) For a month for which the retiree receives veterans’ disability compensation for a disability rated as total, $750.
|
||||
|
||||
(B) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 90 percent, $500.
|
||||
|
||||
(C) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 80 percent, $350.
|
||||
|
||||
(D) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 70 percent, $250.
|
||||
|
||||
(E) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 60 percent, $125.
|
||||
|
||||
(F) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 50 percent, $100.
|
||||
|
||||
(2) Calendar year 2005.— For a month during 2005, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount specified in paragraph (1) for that qualified retiree; and
|
||||
|
||||
(B) 10 percent of the difference between (i) the current baseline offset, and (ii) the amount specified in paragraph (1) for that member’s disability.
|
||||
|
||||
(3) Calendar year 2006.— For a month during 2006, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (2) for that qualified retiree; and
|
||||
|
||||
(B) 20 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (2) for that qualified retiree.
|
||||
|
||||
(4) Calendar year 2007.— For a month during 2007, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (3) for that qualified retiree; and
|
||||
|
||||
(B) 30 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (3) for that qualified retiree.
|
||||
|
||||
(5) Calendar year 2008.— For a month during 2008, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (4) for that qualified retiree; and
|
||||
|
||||
(B) 40 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (4) for that qualified retiree.
|
||||
|
||||
(6) Calendar year 2009.— For a month during 2009, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (5) for that qualified retiree; and
|
||||
|
||||
(B) 50 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (5) for that qualified retiree.
|
||||
|
||||
(7) Calendar year 2010.— For a month during 2010, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (6) for that qualified retiree; and
|
||||
|
||||
(B) 60 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (6) for that qualified retiree.
|
||||
|
||||
(8) Calendar year 2011.— For a month during 2011, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (7) for that qualified retiree; and
|
||||
|
||||
(B) 70 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (7) for that qualified retiree.
|
||||
|
||||
(9) Calendar year 2012.— For a month during 2012, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (8) for that qualified retiree; and
|
||||
|
||||
(B) 80 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (8) for that qualified retiree.
|
||||
|
||||
(10) Calendar year 2013.— For a month during 2013, the amount of retired pay payable to a qualified retiree is the sum of—
|
||||
|
||||
(A) the amount determined under paragraph (9) for that qualified retiree; and
|
||||
|
||||
(B) 90 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (9) for that qualified retiree.
|
||||
|
||||
(11) General limitation.— Retired pay determined under this subsection for a qualified retiree, if greater than the amount of retired pay otherwise applicable to that qualified retiree, shall be reduced to the amount of retired pay otherwise applicable to that qualified retiree.
|
||||
|
||||
(d) Coordination With Combat-Related Special Compensation Program.— (1) In general.— A person who is a qualified retiree under this section and is also an eligible combat-related disabled uniformed services retiree under section 1413a of this title may receive special compensation in accordance with that section or retired pay in accordance with this section, but not both.
|
||||
|
||||
(2) Annual open season.— The Secretary concerned shall provide for an annual period (referred to as an “open season”) during which a person described in paragraph (1) shall have the right to make an election to change from receipt of special compensation in accordance with section 1413a of this title to receipt of retired pay in accordance with this section, or the reverse, as the case may be. Any such election shall be made under regulations prescribed by the Secretary concerned. Such regulations shall provide for the form and manner for making such an election and shall provide for the date as of when such an election shall become effective. In the case of the Secretary of a military department, such regulations shall be subject to approval by the Secretary of Defense.
|
||||
|
||||
(e) Definitions.— In this section:
|
||||
|
||||
(1) Retired pay.— The term “retired pay” includes retainer pay, emergency officers’ retirement pay, and naval pension.
|
||||
|
||||
(2) Veterans’ disability compensation.— The term “veterans’ disability compensation” has the meaning given the term “compensation” in section 101(13) of title 38.
|
||||
|
||||
(3) Disability rated as total.— The term “disability rated as total” means—
|
||||
|
||||
(A) a disability, or combination of disabilities, that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or
|
||||
|
||||
(B) a disability, or combination of disabilities, for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of disabilities for which veterans’ disability compensation may be paid.
|
||||
|
||||
(4) Current baseline offset.— (A) In general.— The term “current baseline offset” for any qualified retiree means the amount for any month that is the lesser of—
|
||||
|
||||
(i) the amount of the applicable monthly retired pay of the qualified retiree for that month; and
|
||||
|
||||
(ii) the amount of monthly veterans’ disability compensation to which the qualified retiree is entitled for that month.
|
||||
|
||||
(B) Applicable retired pay.— In subparagraph (A), the term “applicable retired pay” for a qualified retiree means the amount of monthly retired pay to which the qualified retiree is entitled, determined without regard to this section or sections 5304 and 5305 of title 38, except that in the case of such a retiree who was retired under chapter 61 of this title, such amount is the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title VI, § 641(a), Dec. 28, 2001, 115 Stat. 1149; amended Pub. L. 108–136, div. A, title VI, § 641(a), Nov. 24, 2003, 117 Stat. 1511; Pub. L. 108–375, div. A, title VI, § 642, Oct. 28, 2004, 118 Stat. 1957; Pub. L. 109–163, div. A, title VI, § 663, Jan. 6, 2006, 119 Stat. 3316; Pub. L. 110–181, div. A, title VI, § 642(a), Jan. 28, 2008, 122 Stat. 157; Pub. L. 113–76, div. C, title X, § 10001(b)(2), Jan. 17, 2014, 128 Stat. 151; Pub. L. 114–92, div. A, title VI, § 631(d)(2), Nov. 25, 2015, 129 Stat. 845.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2015—Subsec. (b)(1). Pub. L. 114–92, § 631(d)(2), which was approved Nov. 25, 2015, provided that the amendment made by Pub. L. 113–76, § 10001(b)(2), which was effective Dec. 1, 2015, would not take effect. See 2014 Amendment note below. 2014—Subsec. (b)(1). Pub. L. 113–76, § 10001(b)(2), which directed insertion of “(but without the application of section 1401a(b)(4) of this title)” after “under any other provision of law”, did not take effect pursuant to Pub. L. 114–92, § 631(d)(2). See 2015 Amendment note above. 2008—Subsec. (a)(1). Pub. L. 110–181 substituted “except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:” for “except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009.” and added subpars. (A) and (B). 2006—Subsec. (a)(1). Pub. L. 109–163 inserted “, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009” before period at end. 2004—Subsec. (a)(1). Pub. L. 108–375, § 642(a), inserted before period at end “, except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004”. Subsec. (c). Pub. L. 108–375, § 642(b), inserted “that pursuant to the second sentence of subsection (a)(1) is subject to this subsection” after “a qualified retiree” in introductory provisions. 2003—Pub. L. 108–136 amended section generally. Prior to amendment, section related to members eligible for retired pay who had service-connected disabilities: payment of retired pay and veterans’ disability compensation; and contingent effectiveness based on enactment of offsetting legislation.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2014 AmendmentAmendment by Pub. L. 113–76 effective Dec. 1, 2015, immediately after the coming into effect of section 403 of Pub. L. 113–67 and the amendments made by that section, see section 10001(c) of Pub. L. 113–76, set out as a note under section 1401a of this title. Amendment did not take effect pursuant to section 631(d)(2) of Pub. L. 114–92, set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under section 1401a of this title.
|
||||
|
||||
Effective Date of 2008 AmendmentPub. L. 110–181, div. A, title VI, § 642(b), Jan. 28, 2008, 122 Stat. 157, provided that: “(1) In general.—Subject to paragraph (2), the amendment made by subsection (a) [amending this section] shall take effect as of December 31, 2004. “(2) Timing of payment of retroactive benefits.—Any amount payable for a period before October 1, 2008, by reason of the amendment made by subsection (a) shall not be paid until after that date.”
|
||||
|
||||
Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title VI, § 641(e), Nov. 24, 2003, 117 Stat. 1516, provided that: “The amendments made by subsections (a) and (b) [amending this section and repealing section 1413 of this title] shall take effect on January 1, 2004, and shall apply to payments for months beginning on or after that date.”
|
||||
|
||||
Prohibition of Retroactive BenefitsPub. L. 107–107, div. A, title VI, § 641(d), Dec. 28, 2001, 115 Stat. 1150, provided that: “If the provisions of subsection (a) of section 1414 of title 10, United States Code, becomes [sic] effective in accordance with subsection (f) of that section, no benefit may be paid to any person by reason of those provisions for any period before the effective date specified in subsection (e) of that section.”
|
||||
@@ -0,0 +1,115 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1415"
|
||||
description: "Lump sum payment of certain retired pay"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "71"
|
||||
chapter_name: "COMPUTATION OF RETIRED PAY"
|
||||
section: "1415"
|
||||
citation: "10 U.S.C. § 1415"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1415"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "40c442ec91bbb6a0f0afcd442f42f012888e7288ac6bc6a73a43a324921e9cc4"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "060398934c23cbfb1811e29691bbfa41a6577f187c2ac15ff534514ebf3c5f4b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1415 - Lump sum payment of certain retired pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definitions.— In this section:
|
||||
|
||||
(1) Covered retired pay.— The term “covered retired pay” means retired pay under—
|
||||
|
||||
(A) this title;
|
||||
|
||||
(B) title 14;
|
||||
|
||||
(C) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.); or
|
||||
|
||||
(D) the Public Health Service Act (42 U.S.C. 201 et seq.).
|
||||
|
||||
(2) Eligible person.— The term “eligible person” means a person who—
|
||||
|
||||
(A) (i) first becomes a member of a uniformed service on or after January 1, 2018; or
|
||||
|
||||
(ii) makes the election described in section 1409(b)(4)(B) or 12739(f)(2) of this title; and
|
||||
|
||||
(B) does not retire or separate under chapter 61 of this title.
|
||||
|
||||
(3) Retirement age.— The term “retirement age” has the meaning given the term in section 216(l) of the Social Security Act (42 U.S.C. 416(l)).
|
||||
|
||||
(b) Election of Lump Sum Payment of Certain Retired Pay.— (1) In general.— An eligible person entitled to covered retired pay (including an eligible person who is entitled to such pay by reason of an election described in subsection (a)(2)(A)(ii)) may elect to receive—
|
||||
|
||||
(A) a lump sum payment of the discounted present value at the time of the election of an amount of the covered retired pay that the eligible person is otherwise entitled to receive for the period beginning on the date of retirement and ending on the date the eligible person attains the eligible person’s retirement age equal to—
|
||||
|
||||
(i) 50 percent of the amount of such covered retired pay during such period; or
|
||||
|
||||
(ii) 25 percent of the amount of such covered retired pay during such period; and
|
||||
|
||||
(B) a monthly amount during the period described in subparagraph (A) equal to—
|
||||
|
||||
(i) in the case of an eligible person electing to receive an amount described in subparagraph (A)(i), 50 percent of the amount of monthly covered retired pay the eligible person is otherwise entitled to receive during such period; and
|
||||
|
||||
(ii) in the case of an eligible person electing to receive an amount described in subparagraph (A)(ii), 75 percent of the amount of monthly covered retired pay the eligible person is otherwise entitled to receive during such period.
|
||||
|
||||
(2) Discounted present value.— The Secretary of Defense shall compute the discounted present value of amounts of covered retired pay that an eligible person is otherwise entitled to receive for a period for purposes of paragraph (1)(A) by—
|
||||
|
||||
(A) estimating the aggregate amount of retired pay the person would receive for the period, taking into account cost-of-living adjustments under section 1401a of this title projected by the Secretary at the time the person separates from service and would otherwise begin receiving covered retired pay; and
|
||||
|
||||
(B) reducing the aggregate amount estimated pursuant to subparagraph (A) by an appropriate percentage determined by the Secretary—
|
||||
|
||||
(i) using average personal discount rates (as defined and calculated by the Secretary taking into consideration applicable and reputable studies of personal discount rates for military personnel and past actuarial experience in the calculation of personal discount rates under this paragraph); and
|
||||
|
||||
(ii) in accordance with generally accepted actuarial principles and practices.
|
||||
|
||||
(3) Timing of election.— An eligible person shall make the election under this subsection not later than 90 days before the date of the retirement of the eligible person from the uniformed services.
|
||||
|
||||
(4) Single payment or combination of payments.— An eligible person may elect to receive a lump sum payment under this subsection in a single payment or in a combination of payments.
|
||||
|
||||
(5) Commencement of payment.— An eligible person who makes an election under this subsection shall receive the lump sum payment, or the first installment of a combination of payments of the lump sum payment if elected under paragraph (4), as follows:
|
||||
|
||||
(A) Not later than 60 days after the date of the retirement of the eligible person from the uniformed services.
|
||||
|
||||
(B) In the case of an eligible person who is a member of a reserve component, not later than 60 days after the earlier of—
|
||||
|
||||
(i) the date on which the eligible person attains 60 years of age; or
|
||||
|
||||
(ii) the date on which the eligible person first becomes entitled to covered retired pay.
|
||||
|
||||
(6) No subsequent adjustment.— An eligible person who accepts payment of a lump sum under this subsection may not seek the review of or otherwise challenge the amount of the lump sum in light of any variation in cost-of-living adjustments under section 1401a of this title, actuarial assumptions, or other factors used by the Secretary in calculating the amount of the lump sum that occur after the Secretary pays the lump sum.
|
||||
|
||||
(c) Resumption of Monthly Annuity.— (1) General rule.— Subject to paragraph (2), an eligible person who makes an election described in subsection (b)(1) shall be entitled to receive the eligible person’s monthly covered retired pay calculated in accordance with paragraph (2) after the eligible person attains the eligible person’s retirement age.
|
||||
|
||||
(2) Restoration of full retirement amount at retirement age.— The retired pay of an eligible person who makes an election described in subsection (a) shall be recomputed, effective on the first day of the first month beginning after the person attains the eligible person’s retirement age, so as to be an amount equal to the amount of covered retired pay to which the eligible person would otherwise be entitled on that date if the annual increases, in the retired pay of the eligible person made to reflect changes in the Consumer Price Index, had been made in accordance with section 1401a of this title.
|
||||
|
||||
(d) Payment of Retired Pay to Persons Not Making Election.— An eligible person who does not make the election described in subsection (b)(1) shall be paid the retired pay to which the eligible person is otherwise entitled under the applicable provisions of law referred to in subsection (a)(1).
|
||||
|
||||
(e) Regulations.— The Secretary of Defense shall prescribe regulations to carry out the provisions of this section.
|
||||
|
||||
(Added Pub. L. 114–92, div. A, title VI, § 633(a)(1), Nov. 25, 2015, 129 Stat. 847; amended Pub. L. 114–328, div. A, title X, § 1081(a)(4), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 115–232, div. A, title X, § 1081(a)(14), Aug. 13, 2018, 132 Stat. 1984.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, referred to in subsec. (a)(1)(C), is title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to chapter 43 (§ 3001 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 33 and Tables. The Public Health Service Act, referred to in subsec. (a)(1)(D), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
|
||||
|
||||
Amendments2018—Subsec. (e). Pub. L. 115–232 struck out “concerned” after “The Secretary of Defense”. 2016—Subsec. (b)(1)(B)(ii). Pub. L. 114–328 inserted period at end.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date; ImplementationSection effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as an Effective Date of 2015 Amendment; Implementation note under section 8432 of Title 5, Government Organization and Employees.
|
||||
Reference in New Issue
Block a user