10 U.S.C. § 1402a
Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980
United States · Title 10 — ARMED FORCES · Status: effective
Cite this
- Citation
- 10 U.S.C. § 1402a, Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/433365
- Permanent ID
ys:prov:433365@1- SHA-256
e9bbec228443c8f814e19d4338fa822b8e7b8b9c0c594ed1ee5ff9d6bd1cd267
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
A member of an armed force—
Column 1
Take
Column 2
Multiply by
Retired pay base or retainer pay base under section 1407 which he would be entitled to use if—
The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of—
(1) he were retiring upon release from that active duty; or
(1) the years of service that may be credited to him in computing retired pay or retainer pay; and
(2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty.
(2) his years of active service after becoming entitled to retired pay or retainer pay.
A member of an armed force who first became a member of a uniformed service after September 7, 1980, and who—
Column 1
Take
Column 2
Multiply by
Column 3
Add
1 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.
The retired pay base computed under section 1407(b) of this title.
As member elects—
(1) 2½ percent of years of service credited under section 1208 of this title; 1 or
(2) the highest percentage of disability, not to exceed 75 percent, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.
Amount necessary to increase product of columns 1 and 2 to 50 percent of pay upon which computation is based, if member is on temporary disability retired list.
Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from that active duty, to have his retired pay or retainer pay—
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.
- Department of Defense Authorization Act, 1981House: no recorded tallySenate: no recorded tally
- An act to amend title 10, United States Code, to revise and standardize the provisions of law relating to appointment, promotion, separation, and mandatory retirement of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps, to establish the permanent grade of commodore admiral in the Navy, to equalize the treatment of female commissioned officers with that of male commissioned officers, and for other purposes.House: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1984House: no recorded tallySenate: no recorded tally
- Military Retirement Reform Act of 1986House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Year 1993House: 304–100Senate: no recorded tally
- Ike Skelton National Defense Authorization Act for Fiscal Year 2011House: 341–48Senate: no recorded tally
- John S. McCain National Defense Authorization Act for Fiscal Year 2019