§853o. Computation of pay upon retirement

(a) Officer as member of uniformed service before September 8, 1980

Each commissioned officer on the retired list who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, shall receive retired pay at the rate determined by multiplying-

(1) the retired pay base determined under section 1406(g) of title 10; by

(2) 2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer's service were service as a member of the Armed Forces.

The retired pay so computed may not exceed 75 percent of the retired pay base.

(b) Officer as member of uniformed service on or after September 8, 1980

Each commissioned officer on the retired list who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying-

(1) the retired pay base determined under section 1407 of title 10; by

(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer's service were service as a member of the Armed Forces.

(c) Treatment of full and fractional parts of months in computing years of service; rounding off

(1) In computing the number of years of service of an officer for the purposes of subsection (a) of this section-

(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1/12 of a year; and

(B) any remaining fractional part of a month shall be disregarded.

(2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(June 3, 1948, ch. 390, §16, 62 Stat. 299 ; Oct. 12, 1949, ch. 681, title V, §531(b)(41), 63 Stat. 840 ; Pub. L. 85–422, §11(c), May 20, 1958, 72 Stat. 132 ; Pub. L. 87–649, §9(b)(2), Sept. 7, 1962, 76 Stat. 495 ; Pub. L. 96–342, title VIII, §813(g), Sept. 8, 1980, 94 Stat. 1110 ; Pub. L. 98–94, title IX, §§922(c), 923(e), Sept. 24, 1983, 97 Stat. 642 , 643; Pub. L. 99–348, title II, §206, July 1, 1986, 100 Stat. 701 .)

Amendments

1986-Pub. L. 99–348 amended section generally. Prior to amendment, section provided that each commissioned officer on the retired list was to receive retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2) of title 10, before Sept. 8, 1980, at the rate of 2½ percent of the basic pay of the rank with which retired, or in the case of an officer who first became a member of a uniformed service on or after Sept. 8, 1980, at the rate of 2½ percent of the monthly retired pay base computed under section 1407(g) of title 10, multiplied by the number of years of service credited, but that the retired pay so computed was not to exceed 75 percent of the monthly retired pay base, provided for rounding of numbers, and provided for treatment of months of service in addition to the number of full years of service.

1983-Subsec. (a). Pub. L. 98–94, §922(c), inserted "Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1."

Subsec. (b). Pub. L. 98–94, §923(e), substituted "In computing the number of years of service of an officer for the purposes of subsection (a) of this section, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "A fractional part of a year of six months or more shall be considered a full year in computing the number of years of service for the purposes of subsection (a) of this section".

1980-Subsec. (a). Pub. L. 96–342 revised provisions into pars. (1) and (2) and substituted provisions respecting computation of retired pay for officers who became members of the uniformed service before September 8, 1980, and for officers who became members of the uniformed service on or after September 8, 1980, for provisions respecting computation of retired pay for officers.

Subsec. (b). Pub. L. 96–342 added subsec. (b).

1962-Subsec. (a). Pub. L. 87–649 substituted "basic pay" for "active-duty pay with longevity credit" in two places.

1958-Subsec. (a). Pub. L. 85–422 substituted "that may be credited to him under section 1405 of title 10 as if his service were service as a member of the armed forces" for "for which entitled to credit in the computation of his pay while on active duty".

1949-Subsec. (b). Act Oct. 12, 1949, repealed subsec. (b) which provided that each commissioned officer retired for physical disability incurred in the line of duty receive retired pay of 75 per centum of his active duty pay with longevity credit of the rank at which retired.

Effective Date of 1983 Amendment

Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces.

Amendment by section 923(e) of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422.

Effective Date of 1949 Amendment

Section 533(a) of act Oct. 12, 1949, provided that: "Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on October 1, 1949, and no pay, allowances, or benefits provided herein shall accrue to any person for any period prior thereto."

Section Referred to in Other Sections

This section is referred to in title 10 section 1406.