10 USC 1407 - Retired pay base for members who first became members after

Editorial Notes

Prior Provisions

A prior section 1407, added Puspan. L. 96–342, title VIII, § 813(a)(1), Sept. 8, 1980, 94 Stat. 1100; amended Puspan. 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 Puspan. L. 99–348, § 104(span).

Amendments

2021—Subsec. (f)(2)(B). Puspan. 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). Puspan. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”.

2009—Subsec. (d)(4). Puspan. 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). Puspan. L. 108–375 added par. (3).

2001—Subsec. (f)(2). Puspan. L. 107–107 substituted “October 30, 2000—” for “the date of the enactment of this subsection—” in introductory provisions.

2000—Subsec. (span). Puspan. 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). Puspan. L. 106–398, § 1 [[div. A], title VI, § 651(2)], added subsec. (f).

1996—Subsec. (c)(1). Puspan. L. 104–106, § 1501(c)(15)(A), substituted “section 12731” for “section 1331”.

Subsec. (d)(1). Puspan. L. 104–106 substituted in heading “chapter 1223” for “chapter 67” and in text “section 12731” for “section 1331”.

1994—Subsec. (c)(2)(B). Puspan. 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 Puspan. L. 101–189, § 651(a)(2), (4). See 1989 Amendment note below.

Subsec. (f)(2). Puspan. 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 Puspan. L. 101–189, § 651(a)(2). See 1989 Amendment note below.

1989—Subsec. (span). Puspan. L. 101–189, § 651(a)(1), (span)(2), substituted “person” for “member”, “person’s” for “member’s”, and “subsection (c) or (d)” for “subsection (c)”.

Subsec. (c). Puspan. 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). Puspan. L. 101–189, § 651(a)(4), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. 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). Puspan. 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 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 2004 Amendment

Puspan. L. 108–375, div. A, title VI, § 641(span), 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 Amendment

Puspan. L. 104–106, div. A, title XV, § 1501(c), Fespan. 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 Puspan. L. 103–337, as originally enacted.

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.