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10 U.S.C. § 1407

Retired pay base for members who first became members after September 7, 1980: high-36 month average

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

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10 U.S.C. § 1407, Retired pay base for members who first became members after September 7, 1980: high-36 month average, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/433370
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Full text

The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or section 12731 of this title is the amount equal to— In the case of a member who is entitled to retired pay under section 1201 or 1202 of this title and who has completed less than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal to— The high-three average of a member or former member entitled to retired pay under section 12731 of this title is the amount equal to— The high-three average of a member entitled to retired pay under section 1204 or 1205 of this title is the amount equal to— In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title and who was a member for less than 36 months before being retired under that section, the member’s high-three average (notwithstanding paragraph (2)) is the amount equal to— A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after October 30, 2000— In the case of an officer who served in the temporary grade of O–9 or O–10 and received a conditional or final retirement in the permanent grade of O–8 pursuant to section 1370 or 1370a of this title, the retired pay base or retainer pay shall be the lower of—

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.