Historical and Revision Notes |
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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.
Codification
Another section 304(span)(3) of Puspan. L. 99–348 amended the table of sections at the beginning of chapter 571 of this title.
Amendments
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
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.
Effective Date of 2011 Amendment
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.
Effective Date of 2008 Amendment
Puspan. L. 110–181, div. A, title VI, § 646(c), Jan. 28, 2008, 122 Stat. 160, provided that: “The amendments made by subsections (a) and (span) [amending this section and section 6333 of this title] shall take effect as of January 1, 2007, and shall apply with respect to retired pay and retainer pay payable on or after that date.”
Effective Date of 1983 Amendment
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.
Effective Date of 1980 Amendment
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.
Effective Date of 1967 Amendment
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.
Effective Date of 1963 Amendment
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.
Accrual of Benefits; Prospective Applicability
Puspan. L. 102–484, div. A, title VI, § 642(c), Oct. 23, 1992, 106 Stat. 2425, provided that: “No benefits shall accrue for months beginning before the date of the enactment of this Act [Oct. 23, 1992] by reason of the amendments made by this section [amending this section and section 1402a of this title].”
Recomputation of Retired Pay of Certain Recalled Retirees
Puspan. L. 98–525, title VI, § 655, Oct. 19, 1984, 98 Stat. 2552, provided that:“(a) Notwithstanding the second sentence of footnote 1 of the table contained in section 1402(a) of title 10, United States Code (relating to recomputation of retired pay to reflect later active duty), in the case of a member of the Armed Forces who—“(1) was voluntarily called or ordered to active duty during the period beginning on October 1, 1963, and ending on September 30, 1971;
“(2) was at the time of such call or order entitled to retired pay or retainer pay;
“(3) served on such active duty under such call or order for a continuous period of at least two years; and
“(4) was released from such active duty before October 1, 1973,
the retired or retainer pay of such member shall be recomputed, as provided in subsection (span), under the rates of basic pay in effect at the time of that release from active duty.
“(span) The retired or retainer pay of a member of the Armed Forces described in subsection (a) shall be the amount determined under section 1402(a) of title 10, United States Code (as modified with respect to such member by subsection (a)), and increased by the amount by which the member’s retired or retainer pay would have been increased during the period beginning on the date of the member’s release from active duty referred to in subsection (a)(4) and ending on the day before the day on which this section becomes effective had subsection (a) applied in the case of the member at the time of that release from active duty.
“(c) This section shall apply only with respect to retired pay and retainer pay payable for months beginning after September 30, 1984, or on or after the date of the enactment of this Act [Oct. 19, 1984], whichever is later.”
Retired Pay and Retainer Pay; Prohibition Against Recomputation Under 1963 Pay Rates; Exceptions; Increments Based on the Greater of a 5 Percent Increase or Recomputation Under 1958 Pay Rates for Members Retired Prior to October 1949 for Reasons Other Than Physical Disability, Members Receiving Retired Pay Under Career Compensation Act of 1949 and Former Chiefs of Staff; Additional 5 Percent Increase for Other Retired Members; Exclusion From Increase of Officers Retired Under Certain Provisions
Puspan. L. 88–132, § 5(a)–(f), Oct. 2, 1963, 77 Stat. 212, provided that:“(a) Except as provided in section 1402 of title 10, United States Code, the changes made by this Act [see Short Title note under section 201 of Title 37] in the rates of basic pay of members of the uniformed services do not increase the retired pay or retainer pay to which a member or former member of the uniformed services was entitled on the day before the effective date of this Act [Oct. 1, 1963]. However, except for a member covered by section 6331 [now 8331] of title 10, United States Code who became entitled to retainer pay before April 1, 1963, and subject to subsection (j) of this section [set out as a note below], a member or former member of a uniformed service who became entitled to retired pay or retainer pay after March 31, 1963, but before the effective date of this Act [Oct. 1, 1963], is entitled—“(1) to have the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act [Oct. 1, 1963] recomputed under the rates of basic pay prescribed by section 2 of this Act [amending section 203 of Title 37]; or
“(2) to continue to have that pay computed under the rates of basic pay that were in effect under section 203 of title 37, United States Code, on the day before the effective date of this Act [Oct. 1, 1963], plus the percentage increase provided by subsection (e) of this section;
whichever pay is the greater. For the purposes of the preceding sentence, a member or former member who became entitled to retired pay on
April 1, 1963, by virtue of
section 1 of the Act of April 23, 1930, ch. 209, as amended (
5 U.S.C. 47a) [
section 8301 of Title 5], shall be considered as having become entitled to that pay before
April 1, 1963.
“(span) A member or former member of a uniformed service who was retired other than for physical disability and who, in accordance with section 511 of the Career Compensation Act of 1949 (63 Stat. 829) [act Oct. 12, 1949, former 10 U.S.C. 580 note], is entitled to retired pay or retainer pay computed by ‘method’ (a) of that section using rates of basic pay that were in effect before October 1, 1949, is entitled—“(1) to have pay recomputed by ‘method’ (span) of that section using the rates of basic pay that were in effect under that Act on the day before the effective date of this Act [Oct. 1, 1963]; or
“(2) to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act [Oct. 1, 1963];
whichever pay is the greater.
“(c) A member or former member of a uniformed service who is entitled to retired pay or retainer pay computed under the rates of basic pay that were in effect under the Career Compensation Act of 1949 before June 1, 1958, including a member or former member who is entitled to retired pay under section 7 (span) or (c) of the Act of May 20, 1958, Public Law 85–422 (72 Stat. 130), is entitled—“(1) to have that pay recomputed under the rates of basic pay that were in effect under that Act on the day before the effective date of this Act [Oct. 1, 1963]; or
“(2) to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act [Oct. 1, 1963];
whichever pay is the greater.
“(d) A member or former member of a uniformed service who was entitled to retired pay on the day before the effective date of this Act [Oct. 1, 1963] and who served as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps is entitled—“(1) to have his retired pay recomputed under the formula for computing retired pay applicable to him—“(A) when he retired; or
“(B) if he served on active duty after he retired and his retired pay was recomputed by reason of that service, when his retired pay was so recomputed;
using as his rate of basic pay the rate of basic pay prescribed for officers serving on active duty in those positions on June 1, 1958, by footnote 1 to table for commissioned officers in section 201(a) of the Career Compensation Act of 1949, as amended (72 Stat. 122) [see section 203 of Title 37]; or
“(2) to an increase of 5 percent in the retired pay to which he was entitled on the day before the effective date of this Act [Oct. 1, 1963];
whichever pay is the greater.
“(e) A member or former member of a uniformed service who was entitled to retired pay or retainer pay on the day before the effective date of this Act [Oct. 1, 1963], other than a member or former member who is covered by subsection (span), (c), or (d) of this section, is entitled to an increase of 5 percent in the retired or retainer pay to which he was entitled on the day before the effective date of this Act [Oct. 1, 1963].
“(f) Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this Act [Oct. 1, 1963] shall continue to receive the pay and allowances to which he was entitled on that day:“(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).
“(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).
“(3) The Act of September 18, 1950, chapter 952 (64 Stat. A224).”
Retired Pay and Retainer Pay; Retroactive Effect
Puspan. L. 88–132, § 5(j), Oct. 2, 1963, 77 Stat. 214, provided that: “A member or former member of a uniformed service is not entitled to an increase in his retired pay or retainer pay because of the enactment of this Act [see Short Title note set out under section 201 of Title 37] for any period before the effective date of this Act [Oct. 1, 1963].”
Savings Provision
Puspan. L. 88–132, § 5(l)(2), Oct. 2, 1963, 77 Stat. 215, provided that: “Notwithstanding paragraph (1) of this subsection [amending this section], and unless otherwise entitled to higher retired pay or retainer pay, a member of a uniformed service who is on active duty (other than for training) on the effective date of this Act [Oct. 1, 1963], who was entitled to retired pay or retainer pay before he entered on that duty, and who is released from that duty on or after the effective date of this Act after having served on that duty for a continuous period of at least one year shall, upon that release from active duty, be entitled to recompute his retired pay or retainer pay under the table in section 1402 of title 10, United States Code [this section], subject to section 6483(c) [now 8383(c)] of title 10, as that table and that section were in effect on the day before the effective date of this Act, using rates of basic pay prescribed by this Act [section 203 of Title 37].”
