Collapse to view only § 9362. Recomputation of retired pay to reflect advancement on retired list
- § 9361. Computation of retired pay
- § 9362. Recomputation of retired pay to reflect advancement on retired list
§ 9361. Computation of retired pay
(a)Computation.—
(1)Formula.—The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying—
(A) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by
(B) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.
(2)Additional 10 percent for certain enlisted members credited with extraordinary heroism.—If a member who is retired under section 9314 of this title has been credited by the Secretary of the Air Force with extraordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
(b)General Rules.—
(1)Use of most favorable formula.—If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him.
(2)Rounding to next lower dollar.—The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(c)Special Rule for Retired Reserve Enlisted Members Covered by Section 9343.—In the case of a Reserve enlisted member retired under section 9314 of this title whose retired grade is determined under section 9343 of this title and who first became a member of a uniformed service before September 8, 1980, the retired pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the member’s retired grade (determined based upon the rates of basic pay applicable on the date of the member’s retirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under section 1406(e) of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991; Pub. L. 85–155, title III, § 301(22), Aug. 21, 1957, 71 Stat. 389; Pub. L. 85–422, §§ 6(6), (8), 11(a)(9), May 20, 1958, 72 Stat. 129, 131; Pub. L. 85–861, § 1(199A), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 87–651, title I, § 127, Sept. 7, 1962, 76 Stat. 514; Pub. L. 88–132, § 5(h)(2), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, § 3(5), Dec. 16, 1967, 81 Stat. 654; Pub. L. 96–342, title VIII, § 813(e), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 96–513, title V, §§ 504(22), 514(8), Dec. 12, 1980, 94 Stat. 2917, 2935; Pub. L. 98–94, title IX, §§ 922(a)(12), 923(a)(1), (2)(H), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 204(a), July 1, 1986, 100 Stat. 697; Pub. L. 103–337, div. A, title VI, § 635(c)(2), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–201, div. A, title V, § 532(d)(3), Sept. 23, 1996, 110 Stat. 2520; renumbered § 9361 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)
§ 9362. Recomputation of retired pay to reflect advancement on retired list
(a)Entitlement to Recomputation.—An enlisted member or warrant officer of the Air Force or the Space Force who is advanced on the retired list under section 9344 of this title is entitled to recompute his retired pay in accordance with this section.
(b)Formula.—The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—
(1) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by
(2) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.
(c)Rounding to Next Lower Dollar.—The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 557, § 8992; Pub. L. 96–342, title VIII, § 813(e), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 96–513, title V, § 514(8), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97–295, § 1(52), Oct. 12, 1982, 96 Stat. 1300; Pub. L. 98–94, title IX, §§ 922(a)(13), 923(a)(1), (2)(I), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 204(b), July 1, 1986, 100 Stat. 698; Pub. L. 103–337, div. A, title VI, § 635(c)(3), Oct. 5, 1994, 108 Stat. 2789; renumbered § 9362 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(22), Jan. 1, 2021, 134 Stat. 3813.)