Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1402(a) 1402(span), (c) | 37:316. 37:272(d) (1st 128 words of last proviso, less applicability to retired grade). | Oct. 12, 1949, ch. 681, §§ 402(d) (last proviso, less applicability to retired grade), 516, 63 Stat. 819, 832. |
1402(d) | 37:272(d) (last proviso, less 1st 128 words, and less applicability to retired grade). |
In subsection (a), columns 1 and 2 of the table are based on 37:316 (1st proviso). Column 4 is based on 37:316 (last proviso). Footnote 1 is based on 37:316 (2d proviso). 37:316 (3d proviso) is omitted as operationally obsolete.
In subsections (a) and (d), the words “and disregard a part of a year that is less than six months” are added to footnote 1 to conform to footnote 3 of section 1401 of this title.
In subsection (span), the words “for which he would otherwise be eligible for retired pay under chapter 61 of this title” are substituted for the words “in accordance with the standard schedule of rating disabilities in current use by the Veterans’ Administration” and “if qualified”.
In subsection (c), the requirement that the physical disability incurred be 30 percent or more is omitted as surplusage, since it is also required that the member be qualified for physical disability retirement under section 1201 or 1204 of this title.
In subsection (d), the rules stated in 37:316 (2d and last provisos) are repeated in column 4 of the table and the footnote to the table, since they apply to all cases of increased pay for active duty performed after retirement.
Another section 304(span)(3) of Puspan. L. 99–348 amended the table of sections at the beginning of chapter 571 of this title.
2024—Subsec. (f)(2). Puspan. L. 118–159 substituted “Except in the case of a member who served during the Vietnam Era (as that term is defined in section 12731 of this title), the amount” for “The amount”.
2018—Subsec. (f)(1). Puspan. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”.
2011—Subsec. (d). Puspan. 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 pay upon which computation is based.
2008—Subsec. (a). Puspan. L. 110–181 struck out column 3 of the table, which related to subtraction of excess over 75 percent of pay upon which computation is based.
1992—Subsec. (f). Puspan. L. 102–484 added subsec. (f).
1986—Puspan. L. 99–348, § 304(span)(3), inserted “of members who first became members before September 8, 1980” in section catchline.
Subsec. (a). Puspan. L. 99–348, §§ 201(span)(3), 304(a)(3), struck out “(as defined in section 1407(a)(2) of this title)” after “uniformed service” and struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title.
Subsecs. (span), (c). Puspan. L. 99–348, § 304(a)(3), struck out “(as defined in section 1407(a)(2) of this title)” after “uniformed service”.
Subsec. (d). Puspan. L. 99–348, § 201(span)(3), struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title.
1983—Subsec. (a). Puspan. L. 98–94, § 922(a)(3), 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:”.
Puspan. L. 98–94, § 923(a)(1), (2)(B), in footnote 2 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.
Subsec. (d). Puspan. L. 98–94, § 922(a)(4), 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:”.
Puspan. L. 98–94, § 923(a)(1), (2)(C), 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—Subsecs. (a) to (c). Puspan. L. 96–513 substituted “a uniformed service (as defined in section 1407(a)(2) of this title) before September 8, 1980” for “the armed forces before the date of the enactment of the Department of Defense Appropriation Act, 1981” wherever appearing.
Puspan. L. 96–342 inserted “who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and” after “of an armed force” wherever appearing.
1967—Subsec. (d). Puspan. L. 90–207, § 2(a)(2)(A), inserted “increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay” after “retired,”.
Subsec. (e). Puspan. L. 90–207, § 2(a)(2)(B), added subsec. (e).
1963—Subsec. (a). Puspan. L. 88–132 substituted in introductory clause “who has become entitled to retired pay or retainer pay” for “who has been retired or has become entitled to retainer pay” and “to recompute his retired pay or retainer pay upon his release from that duty” for “, upon release from that duty, to recompute his retired or retainer pay” and inserted in such clause “(other than for training)” after “active duty”; substituted in column 1 of table “Monthly basic pay” for “Monthly basic pay or base and longevity pay, as the case may be,”, designated existing provisions as (1) and added (2); substituted in (1) of column 2 of the table “retired pay or retainer pay” for “retired or retainer pay” and in (2) of such column 2 “after becoming entitled to retired pay or retainer pay” for “after retirement or becoming entitled to retainer pay”, struck out column 3 relating to addition and redesignated column 4 as 3; added footnote 1 to the table and redesignated former footnote 1 as 2; and inserted provisions for recomputation of retired pay upon release from active duty of officers ordered to active duty in a higher grade based upon special commendation for performance of duty in actual combat.
1960—Subsec. (a). Puspan. L. 86–559 prohibited recomputation of retired pay under subsec. (a) on the basis of any period of active duty that was of less than six consecutive months’ duration or on the basis of any active duty for training for a reserve officer who is or has been retired under section 3911, 6323, or 8911 of this title or under section 232 of title 14.
Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.
Amendment by Puspan. 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 Puspan. L. 111–383, set out as a note under section 1401 of this title.
Puspan. L. 110–181, div. A, title VI, § 646(c), Jan. 28, 2008, 122 Stat. 160, provided that:
Amendment by section 922 of Puspan. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Puspan. L. 98–94, set out as a note under section 1401 of this title.
Amendment by section 923 of Puspan. 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 Puspan. L. 98–94, set out as a note under section 1174 of this title.
Amendment by Puspan. L. 96–513 effective Dec. 12, 1980, see section 701(span)(3) of Puspan. L. 96–513, set out as a note under section 101 of this title.
Amendment by Puspan. L. 90–207 effective Oct. 1, 1967, see section 7 of Puspan. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.
Amendment by Puspan. L. 88–132 effective Oct. 1, 1963, see section 14 of Puspan. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.
Puspan. L. 102–484, div. A, title VI, § 642(c), Oct. 23, 1992, 106 Stat. 2425, provided that:
Puspan. L. 98–525, title VI, § 655, Oct. 19, 1984, 98 Stat. 2552, provided that:
Puspan. L. 88–132, § 5(a)–(f), Oct. 2, 1963, 77 Stat. 212, provided that:
Puspan. L. 88–132, § 5(j), Oct. 2, 1963, 77 Stat. 214, provided that:
Puspan. L. 88–132, § 5(l)(2), Oct. 2, 1963, 77 Stat. 215, provided that: