2011 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps (§§ 5001 - 7921)
Part II - PERSONNEL (§§ 5401 - 6522)
Chapter 571 - VOLUNTARY RETIREMENT (§§ 6321 - 6336)
Section 6333 - Computation of retired and retainer pay
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 571 - VOLUNTARY RETIREMENT Sec. 6333 - Computation of retired and retainer pay |
Contains | section 6333 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-94, title IX, §922(a)(10)(A), Sept. 24, 1983, 97 Stat. 641; amended Pub. L. <!-- PDFPage:2049 -->99-348, title II, §203(a), July 1, 1986, 100 Stat. 695; Pub. L. 103-337, div. A, title VI, §635(b), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104-106, div. A, title XV, §1503(b)(3), Feb. 10, 1996, 110 Stat. 512; Pub. L. 104-201, div. A, title V, §532(d)(2), Sept. 23, 1996, 110 Stat. 2520; Pub. L. 109-163, div. A, title V, §509(d)(2), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 110-181, div. A, title VI, §646(a), Jan. 28, 2008, 122 Stat. 160. |
Statutes at Large References | 97 Stat. 641 100 Stat. 695 108 Stat. 2789 110 Stat. 512, 2520 119 Stat. 3231 122 Stat. 160 |
Public Law References | Public Law 98-94, Public Law 99-348, Public Law 103-337, Public Law 104-106, Public Law 104-201, Public Law 109-163, Public Law 110-181 |
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(a) The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 6970 or 6383 of this title is computed in accordance with the following table.
Formula | For sections | Column 1 Take | Column 2 Multiply by |
---|---|---|---|
A | 6325(a) 6326 | Retired pay base computed under section 1406(d) or 1407 | Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405. |
B | 6323 6325(b) 6970 6383 | Retired pay base computed under section 1406(d) or 1407 | Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. |
C | 6330 | Retainer pay base computed under section 1406(d) or 1407 | Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. |
(b)(1) Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(2) References in the table in subsection (a) are to sections of this title.
(c) In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under section 6336 of this title and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member's transfer), and that amount shall be used for the purposes of the table in subsection (a) rather than the amount computed under section 1406(d) of this title.
(Added Pub. L. 98–94, title IX, §922(a)(10)(A), Sept. 24, 1983, 97 Stat. 641; amended Pub. L. 99–348, title II, §203(a), July 1, 1986, 100 Stat. 695; Pub. L. 103–337, div. A, title VI, §635(b), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–106, div. A, title XV, §1503(b)(3), Feb. 10, 1996, 110 Stat. 512; Pub. L. 104–201, div. A, title V, §532(d)(2), Sept. 23, 1996, 110 Stat. 2520; Pub. L. 109–163, div. A, title V, §509(d)(2), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 110–181, div. A, title VI, §646(a), Jan. 28, 2008, 122 Stat. 160.)
Amendments2008—Subsec. (a). Pub. L. 110–181 substituted “Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405.” for “75 percent.” in Formula A under Column 2 in table.
2006—Subsec. (a). Pub. L. 109–163 inserted “6970 or” after “section” in text and “6970” below “6325(b)” in Formula B under “For sections” column in table.
1996—Subsec. (a). Pub. L. 104–106 struck out first period after “section 1405” in Formula C under Column 2 in table.
Subsec. (c). Pub. L. 104–201 added subsec. (c).
1994—Subsec. (a). Pub. L. 103–337 substituted “the years of service that may be credited to him under section 1405.” for “his years of active service in the armed forces” in Formula C under Column 2 in table.
1986—Pub. L. 99–348 amended section generally, designating existing provision as subsec. (b)(1), substituting “under this section” for “under this chapter”, and adding subsecs. (a) and (b)(2).
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–181 effective as of Jan. 1, 2007, and applicable with respect to retired pay and retainer pay payable on or after that date, see section 646(c) of Pub. L. 110–181, set out as a note under section 1402 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.
Effective DateSection effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as an Effective Date of 1983 Amendment note under section 1401 of this title.
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