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10 U.S.C. § 1401a

Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index

United States · Title 10 — ARMED FORCES · Status: effective

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10 U.S.C. § 1401a, Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/433363
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Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which— If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of title 37, by the difference between— Notwithstanding subsection (b) but subject to subsection (f)(3), if a person described in paragraph (3) becomes entitled to retired pay based on rates of monthly basic pay that became effective after the last day of the calendar quarter of the base index, the retired pay of the member or former member shall be increased on the effective date of the next adjustment of retired pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) by which— If a person described in paragraph (3) becomes entitled to retired pay on or after the effective date of an adjustment in retired pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay, the retired pay of the member or former member shall be increased (subject to subsection (f)(3) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section), effective on the date the member becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) by which— Notwithstanding subsection (b) but subject to subsection (f)(3), the retired pay of a member or former member of an armed force who first became a member of a uniformed service before August 1, 1986, or on or after August 1, 1986, if the member or former member did not elect to receive a bonus under section 322 (as in effect before January 28, 2008) or section 354 of title 37 and whose retired pay base is determined under section 1407 of this title shall be increased on the effective date of the first adjustment of retired pay under subsection (b) after the member or former member becomes entitled to retired pay by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between the percent by which— Notwithstanding subsection (b) but subject to subsection (f)(3), the retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after August 1, 1986, and elected to receive a bonus under section 322 (as in effect before January 28, 2008) or section 354 of title 37 shall be increased on the effective date of the first adjustment of retired pay under subsection (b) after the member or former member becomes entitled to retired pay by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between— the percent by which— In this section:

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 94-106(H.R. 6674)1975-10-07
    Department of Defense Appropriation Authorization Act, 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-361(H.R. 12438)1976-07-14
    Department of Defense Appropriation Authorization Act, 1977
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-440(H.R. 14238)1976-10-01
    Legislative Branch Appropriation Act, 1977
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-342(H.R. 6974)1980-09-08
    Department of Defense Authorization Act, 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-94(S. 675)1983-09-24
    Department of Defense Authorization Act, 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-525(H.R. 5167)1984-10-19
    Department of Defense Authorization Act, 1985
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-348(H.R. 4420)1986-07-01
    Military Retirement Reform Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-180(H.R. 1748)1987-12-04
    National Defense Authorization Act for Fiscal Years 1988 and 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-224(H.R. 2974)1987-12-30
    A bill to amend title 10, United States Code, to make technical corrections in provisions of law enacted by the Military Retirement Reform Act of 1986.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-456(H.R. 4481)1988-09-29
    National Defense Authorization Act, Fiscal Year 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-189(H.R. 2461)1989-11-29
    National Defense Authorization Act for Fiscal Years 1990 and 1991
    House: no recorded tallySenate: 91–8
  • Amended byPub. L. 103-66(H.R. 2264)1993-08-10
    Omnibus Budget Reconciliation Act of 1993
  • Amended byPub. L. 103-160(H.R. 2401)1993-11-30
    National Defense Authorization Act for Fiscal Year 1994
  • Amended byPub. L. 103-335(H.R. 4650)1994-09-30
    Department of Defense Appropriations Act, 1995
  • Amended byPub. L. 103-337(S. 2182)1994-10-05
    National Defense Authorization Act for Fiscal Year 1995
  • Amended byPub. L. 104-106(S. 1124)1996-02-10
    National Defense Authorization Act for Fiscal Year 1996
  • Amended byPub. L. 104-201(H.R. 3230)1996-09-23
    National Defense Authorization Act for Fiscal Year 1997
  • Amended byPub. L. 106-65(S. 1059)1999-10-05
    National Defense Authorization Act for Fiscal Year 2000
  • Amended byPub. L. 107-314(H.R. 4546)2002-12-02
    Bob Stump National Defense Authorization Act for Fiscal Year 2003
    House: 359–58Senate: no recorded tally
  • Amended byPub. L. 110-181(H.R. 4986)2008-01-28
    National Defense Authorization Act for Fiscal Year 2008
  • Amended byPub. L. 113-66(H.R. 3304)2013-12-26
    National Defense Authorization Act for Fiscal Year 2014
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 113-67(H.J.Res. 59)2013-12-26
    Continuing Appropriations Resolution, 2014
  • Amended byPub. L. 113-76(H.R. 3547)2014-01-17
    Consolidated Appropriations Act, 2014
    House: 376–5Senate: no recorded tally
  • Amended byPub. L. 113-82(S. 25)2014-02-15
    To ensure that the reduced annual cost-of-living adjustment to the retired pay of members and former members of the Armed Forces under the age of 62 required by the Bipartisan Budget Act of 2013 will not apply to members or former members who first became members prior to January 1, 2014, and for other purposes.
    House: 326–90Senate: no recorded tally
  • Amended byPub. L. 113-291(H.R. 3979)2014-12-19
    Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015
  • Amended byPub. L. 114-92(S. 1356)2015-11-25
    National Defense Authorization Act for Fiscal Year 2016
    House: 370–58Senate: no recorded tally