10 USC 1406 - Retired pay base for members who first became members before

1 See References in Text note below.

of title 14 in the manner provided in that section.

Editorial Notes

References in Text

Section 423 of title 14, referred to in subsec. (f), was redesignated section 2504 of title 14 by Puspan. L. 115–282, title I, § 114(span), Dec. 4, 2018, 132 Stat. 4223, and references to section 423 of title 14 deemed to refer to such redesignated section, see section 123(span)(1) of Puspan. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Puspan. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Section 1370(c) of this title, referred to in subsec. (i)(2)(B), was repealed and new sections 1370 and 1370a were enacted by Puspan. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3580. For provisions stating that in determining retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of title 10 in such determination with respect to such officers is deemed to be a reference to section 1370a of title 10, see section 508(c) of Puspan. L. 116–283, set out as a note under section 1370 of this title.

Prior Provisions

A prior section 1406 was renumbered section 12738 of this title.

Amendments

2021—Subsec. (span)(2). Puspan. L. 116–283, § 508(span)(1)(A), substituted “section 1370a” for “section 1370(d)”.

Subsec. (e). Puspan. L. 116–283, § 924(span)(26)(A), inserted “and Space Force” after “Air Force” in heading.

Subsec. (i)(3)(A)(v), (vi). Puspan. L. 116–283, § 924(span)(26)(B)(i), added cl. (v) and redesignated former cl. (v) as (vi).

Subsec. (i)(3)(B)(v), (vi). Puspan. L. 116–283, § 924(span)(26)(B)(ii), added cl. (v) and redesignated former cl. (v) as (vi).

2018—Subsec. (span)(1). Puspan. L. 115–232 substituted “sections 7342 and 9342” for “sections 3962 and 8962” in footnote 3 in table.

Subsec. (c)(1). Puspan. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 7361 of this title or who is entitled to retired pay computed under section 7362 of this title” for “In the case of a member whose retired pay is computed under section 3991 of this title or who is entitled to retired pay computed under section 3992 of this title” in introductory provisions, “7311” for “3911”, “7318” for “3918”, “7320” for “3920”, “7324” for “3924”, “7314” for “3914”, “7317” for “3917”, and “7362” for “3992” in column 1 of table, and “section 7342” for “section 3962” in footnote 1 in table.

Subsec. (d). Puspan. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 8333 of this title, who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under section 8330 of this title,” for “In the case of a member whose retired pay is computed under section 6333 of this title, who is advanced on the retired list under section 6151 or 6334 of this title, or who is entitled to retainer pay under section 6330 of this title,” in introductory provisions, “8323” for “6323”, “8325(a)” for “6325(a)”, “8372” for “6383”, “8325(span)” for “6325(span)”, “8326” for “6326”, “8330” for “6330”, “8262” for “6151”, and “8334” for “6334” in column 1 of table, and “section 8325(span)” for “section 6325(span)”, “section 8262” for “section 6151”, and “section 8334” for “section 6334” in column 2 of table.

Subsec. (e)(1). Puspan. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 9361 of this title or who is entitled to retired pay computed under section 9362 of this title” for “In the case of a member whose retired pay is computed under section 8991 of this title or who is entitled to retired pay computed under section 8992 of this title” in introductory provisions, “9311” for “8911”, “9318” for “8918”, “9320” for “8920”, “9324” for “8924”, “9314” for “8914”, “9317” for “8917”, and “9362” for “8992” in column 1 of table, and “section 9342” for “section 8962” in footnote 1 in table.

2014—Subsec. (i). Puspan. L. 113–291, § 603(d)(1), inserted “Chief of the National Guard Bureau,” after “Chiefs of Service,” in heading.

Subsec. (i)(1). Puspan. L. 113–291, § 603(d)(2), inserted “as Chief of the National Guard Bureau,” after “Chief of Service,” and “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”.

Subsec. (i)(3)(B)(vi). Puspan. L. 113–291, § 603(d)(3), struck out cl. (vi) which read as follows: “Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”

2009—Subsec. (span)(2). Puspan. L. 111–84 inserted “(or, in the case of a person entitled to retired pay by reason of an election under section 12741(a) of this title, at rates applicable on the date the person completes the service required under such section 12741(a))” after “when retired pay is granted”.

2006—Subsec. (span)(1). Puspan. L. 109–364, § 502(d)(2), in table inserted “1253” at end of column under heading “For a member entitled to retired pay under section:”.

Puspan. L. 109–163, § 509(d)(1)(B), in table inserted “1252” at end of column under heading “For a member entitled to retired pay under section:”.

Subsec. (i)(3)(B)(vi). Puspan. L. 109–364, § 1071(a)(7), substituted “to” for “for”.

Puspan. L. 109–163, § 685(d), added cl. (vi).

2004—Subsec. (g). Puspan. L. 108–375 substituted “section 245” for “section 305” and “Officer Corps Act of 2002 (33 U.S.C. 3045)” for “Officers Act of 2002”.

2003—Subsec. (i). Puspan. L. 108–136 inserted “Commanders of Combatant Commands,” after “Chiefs of Service,” in heading and “as a commander of a unified or specified combatant command (as defined in section 161(c) of this title),” after “Chief of Service,” in par. (1).

2002—Subsec. (g). Puspan. L. 107–372 substituted “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002” for “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853o)”

1999—Subsec. (i)(2). Puspan. L. 106–65 substituted “after October 16, 1998” for “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” in introductory provisions.

1998—Subsec. (i)(2), (3). Puspan. L. 105–261 added par. (2) and redesignated former par. (2) as (3).

1997—Subsec. (span)(1). Puspan. L. 105–85 substituted “3962 and 8962” for “3962(span) and 8962(span)” in footnote 3 in table.

Subsec. (c)(1). Puspan. L. 105–85, § 1073(a)(23)(A), substituted “3962” for “3962(span)” in footnote 1 in table.

Subsec. (e)(1). Puspan. L. 105–85, § 1073(a)(23)(B), substituted “8962” for “8962(span)” in footnote 1 in table.

1994—Subsec. (span). Puspan. L. 103–337 substituted “Subtitle A or E” for “Subtitle A” in subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, in table struck out item for section 1331 which related to monthly basic pay of highest grade held satisfactorily by person at any time in armed forces, renumbered footnotes 3 and 4 as 2 and 3, respectively, and struck out former footnote 2 which provided for computations at rates applicable on date when retired pay is granted, and added par. (2).

1991—Subsec. (span). Puspan. L. 102–190 substituted “580” for “564” in table.

1988—Subsec. (span). Puspan. L. 100–456 substituted “satisfactorily by person” for “satisfactory by person” in item relating to section 1331 in table.

1987—Subsec. (d). Puspan. L. 100–180, § 512(d)(2), inserted “or 6334” after “6151” in text, and inserted item relating to section 6334 at end of table.

Subsec. (i). Puspan. L. 100–180, § 1314(span)(6), inserted “and Vice Chairmen” after “Chairmen” in heading and inserted “or Vice Chairman” after “Chairman” in par. (1).

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 2014 Amendment

Puspan. L. 113–291, div. A, title VI, § 603(e), Dec. 19, 2014, 128 Stat. 3398, provided that:

“This section [amending this section and sections 210 and 414 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as a note under section 203 of Title 37, and amending provisions set out as a note under section 205 of Title 37] and the amendments made by this section shall take effect on the date of the enactment of this Act [Dec. 19, 2014], and shall apply with respect to months of service that begin on or after that date.”

Effective Date of 2003 Amendment

Puspan. L. 108–136, div. A, title VI, § 643(c), Nov. 24, 2003, 117 Stat. 1517, provided that:

“The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 24, 2003] and shall apply with respect to officers who first become entitled to retired pay under title 10, United States Code, on or after such date.”

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–190 effective Fespan. 1, 1992, see section 1132 of Puspan. L. 102–190, set out as a note under section 521 of this title.

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(span), 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.

Grade on Transfer to Retired Reserve

Puspan. L. 103–337, div. A, title XVI, § 1688, Oct. 5, 1994, 108 Stat. 3025, provided that:

“In determining the highest grade held satisfactorily by a person at any time in the Armed Forces for the purposes of paragraph (2) of section 1406(span) of title 10, United States Code, as added by this title, the requirement for satisfactory service on the reserve active-status list contained in [former] section 1370(d) of title 10, United States Code, as added by this title, shall apply only to reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion under chapter 36 of that title or under chapter 1405 of that title, as added by this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after the effective date of this title [see Effective Date note set out under section 10001 of this title].”

[In determining retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of title 10 in such determination with respect to such officers deemed to be a reference to section 1370a of title 10, see section 508(c) of Puspan. L. 116–283, set out as a note under section 1370 of this title.]