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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

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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
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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.

  • Enacted 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. 96-513(S. 1918)1980-12-12
    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
  • 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. 99-348(H.R. 4420)1986-07-01
    Military Retirement Reform Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-484(H.R. 5006)1992-10-23
    National Defense Authorization Act for Fiscal Year 1993
    House: 304–100Senate: no recorded tally
  • Amended byPub. L. 111-383(H.R. 6523)2011-01-07
    Ike Skelton National Defense Authorization Act for Fiscal Year 2011
    House: 341–48Senate: no recorded tally
  • Amended byPub. L. 115-232(H.R. 5515)2018-08-13
    John S. McCain National Defense Authorization Act for Fiscal Year 2019