2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 71 - COMPUTATION OF RETIRED PAY (§§ 1401 - 1414)
Section 1409 - Retired pay multiplier
Publication Title | United States Code, 2012 Edition, Supplement 1, 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 A - General Military Law PART II - PERSONNEL CHAPTER 71 - COMPUTATION OF RETIRED PAY Sec. 1409 - Retired pay multiplier |
Contains | section 1409 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 99-348, title I, §101, July 1, 1986, 100 Stat. 683; amended Pub. L. 101-189, div. A, title VI, §651(b)(3), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 103-337, div. A, title XVI, §1662(j)(6), Oct. 5, 1994, 108 Stat. 3005; Pub. L. 106-65, div. A, title VI, §§641(a), 643(b)(2), Oct. 5, 1999, 113 Stat. 662, 664; Pub. L. 109-364, div. A, title VI, §642(a), Oct. 17, 2006, 120 Stat. 2259; Pub. L. 110-181, div. A, title VI, §661(b)(3), Jan. 28, 2008, 122 Stat. 178. |
Statutes at Large References | 100 Stat. 683 103 Stat. 1460 108 Stat. 3005 113 Stat. 662 120 Stat. 2259 122 Stat. 178 |
Public Law References | Public Law 99-348, Public Law 101-189, Public Law 103-337, Public Law 106-65, Public Law 109-364, Public Law 110-181 |
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(a)
(1) the retired pay of a member of a uniformed service who is entitled to that pay under any provision of law other than—
(A) chapter 61 of this title (relating to retirement or separation for physical disability); or
(B) chapter 1223 of this title (relating to retirement for non-regular service); or
(2) the retainer pay of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of this title,
the retired pay multiplier (or retainer pay multiplier) is the percentage determined under subsection (b).
(b)
(1)
(A) 2½, and
(B) the member's years of creditable service (as defined in subsection (c)).
(2)
(A) 1 percentage point for each full year that the member's years of creditable service are less than 30; and
(B) 1/12 of 1 percentage point for each month by which the member's years of creditable service (after counting all full years of such service) are less than a full year.
(3) 30
(A)
(B)
(i) 75 percent; and
(ii) the product (stated as a percentage) of—
(I) 2½; and
(II) the member's years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.
(c)
(Added Pub. L. 99–348, title I, §101, July 1, 1986, 100 Stat. 683; amended Pub. L. 101–189, div. A, title VI, §651(b)(3), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 103–337, div. A, title XVI, §1662(j)(6), Oct. 5, 1994, 108 Stat. 3005; Pub. L. 106–65, div. A, title VI, §§641(a), 643(b)(2), Oct. 5, 1999, 113 Stat. 662, 664; Pub. L. 109–364, div. A, title VI, §642(a), Oct. 17, 2006, 120 Stat. 2259; Pub. L. 110–181, div. A, title VI, §661(b)(3), Jan. 28, 2008, 122 Stat. 178.)
REFERENCES IN TEXTSection 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(2), means section 322 of title 37 as in effect before enactment of Pub. L. 110–181. Section 322 of title 37 was renumbered as section 354 of title 37 and amended by Pub. L. 110–181, div. A, title VI, §661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178.
AMENDMENTS2008—Subsec. (b)(2). Pub. L. 110–181, in introductory provisions, substituted "section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354" for "section 322".
2006—Subsec. (b)(3). Pub. L. 109–364 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "In the case of a member with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent."
1999—Subsec. (b)(2). Pub. L. 106–65 inserted "certain" after "Reduction applicable to" in heading and "has elected to receive a bonus under section 322 of title 37," after "July 31, 1986," in introductory provisions.
1994—Subsec. (a)(1)(B). Pub. L. 103–337 substituted "chapter 1223" for "chapter 67".
1989—Subsec. (a)(1). Pub. L. 101–189 substituted "who is entitled to that pay" for "who is retired" in introductory provisions.
EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
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