§ 1402. Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 107 · 70A Stat. 107

   Enacted · 10 U.S.C. § 1402

   Aug. 10, 1956, ch. 1041, 70A Stat. 107

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 107

2. 1960

   Pub. L. 86–559 § 1(5) · 74 Stat. 264

   Changed · 10 U.S.C. § 1402(a)

   Pub. L. 86–559 prohibited recomputation of retired pay under subsec. (a) on the basis of any period of active duty that was of less than six consecutive months’ duration or on the basis of any active duty for training for a reserve officer who is or has been retired under section 3911, 6323, or 8911 of this title or under section 232 of title 14

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–559 prohibited recomputation of retired pay under subsec. (a) on the basis of any period of active duty that was of less than six consecutive months’ duration or on the basis of any active duty for training for a reserve officer who is or has been retired under section 3911, 6323, or 8911 of this title or under section 232 of title 14.

   Enacted provision · exact public law section
   (1) Section 123(a) is amended to read as follows: “(a) In time of war, or of national emergency declared by Congress, the President may suspend the operation of any provision of the following sections of this title with respect to any armed force: 281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3391, 3392, 3393, 3494, 3571, 3819, 3820(c), 3843, 3844, 3845, 3846, 3847, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494, 8571, 8819, 8843, 8844, 8845, 8846, 8847, 8848, 8850, 8851, 8852, 8853, and 8855.”

3. 1963

   Uniformed Services Pay Act of 1963

   Pub. L. 88–132 § 5 · 77 Stat. 194

   1. Substituted · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 substituted in introductory clause “who has become entitled to retired pay or retainer pay” for “who has been retired or has become entitled to retainer pay”

   2. Substituted · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 substituted in introductory clause “to recompute his retired pay or retainer pay upon his release from that duty” for “, upon release from that duty, to recompute his retired or retainer pay”

   3. Substituted · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 inserted in such clause “(other than for training)” after “active duty”; substituted in column 1 of table “Monthly basic pay” for “Monthly basic pay or base and longevity pay, as the case may be,”

   4. Amended · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 designated existing provisions as (1)

   5. Substituted · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 added (2); substituted in (1) of column 2 of the table “retired pay or retainer pay” for “retired or retainer pay”

   6. Substituted · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 added (2); substituted in (1) of column 2 of the table “after becoming entitled to retired pay or retainer pay” for “after retirement or becoming entitled to retainer pay”

   7. Struck · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 struck out column 3 relating to addition

   8. Redesignated · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 redesignated column 4 as 3; added footnote 1 to the table

   9. Redesignated · 10 U.S.C. § 1402(a)

      Pub. L. 88–132 redesignated former footnote 1 as 2;

   10. Inserted · 10 U.S.C. § 1402(a)

       Pub. L. 88–132 inserted provisions for recomputation of retired pay upon release from active duty of officers ordered to active duty in a higher grade based upon special commendation for performance of duty in actual combat

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–132 substituted in introductory clause “who has become entitled to retired pay or retainer pay” for “who has been retired or has become entitled to retainer pay” and “to recompute his retired pay or retainer pay upon his release from that duty” for “, upon release from that duty, to recompute his retired or retainer pay” and inserted in such clause “(other than for training)” after “active duty”; substituted in column 1 of table “Monthly basic pay” for “Monthly basic pay or base and longevity pay, as the case may be,”, designated existing provisions as (1) and added (2); substituted in (1) of column 2 of the table “retired pay or retainer pay” for “retired or retainer pay” and in (2) of such column 2 “after becoming entitled to retired pay or retainer pay” for “after retirement or becoming entitled to retainer pay”, struck out column 3 relating to addition and redesignated column 4 as 3; added footnote 1 to the table and redesignated former footnote 1 as 2; and inserted provisions for recomputation of retired pay upon release from active duty of officers ordered to active duty in a higher grade based upon special commendation for performance of duty in actual combat.

   Enacted provision · exact public law section
   Sec. 5. retired fay and retainer pay (a) Except as provided in section 1402 of title 10, United States Code, the changes made by this Act in the rates of basic pay of members of the uniformed services do not increase the retired pay or retainer pay to which a member or former member of the uniformed services was entitled on the day before the effective date of this Act. 70A Stat. 397; 72 Stat. 480. However, except for a member covered by section 6331 of title 10, United States Code, who became entitled to retainer pay before April 1, 1963, and subject to subsection (j) of this section, a member or former member of a uniformed service who became entitled to retired pay or retainer pay after March 31, 1963, but before the effective date of this Act, is entitled— (1) to have the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act recomputed under the rates of basic pay prescribed by section 2 of this Act; or (2) to continue to have that pay computed under the rates of basic pay that were in effect under section 203 of title 37, United States Code, on the day before the effective date of this Act, plus the percentage increase provided by subsection (e) of this section; whichever pay is the greater. For the purposes of the preceding sentence, a member or former member who became entitled to retired pay on April 1, 1963, by virtue of section 1 of the Act of April 23, 1930, 46 Stat. 253. ch. 209, as amended (5 U.S.C. 47a), shall be considered as having become entitled to that pay before April 1, 1963. (b) A member or former member of a uniformed service 76 Stat. 458. who was retired other than for physical disability and who, in accordance with 10 USC 564 note. section 511 of the Career Compensation Act of 1949 (63 Stat. 829), is entitled to retired pay or retainer pay computed by “method” (a) of that section using rates of basic pay that were in effect before October 1, 1949, is entitled— (1) to have that, pay recomputed by “method” (b) of that section using the rates of basic pay that were in effect under that Act on the day before the effective date of this Act; or (2) to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act; whichever pay is the greater, (c) A member or former member of a uniformed service who is entitled to retired pay or retainer pay computed under the rates of basic pay that were in effect under the Career Compensation Act of 1949 before June 1, 1958, including a member or former member who is 63 Stat. 802. entitled to retired pay under section 7 (b) or (c) of the Act of May 20, 1958, Public Law 85–422 (72 Stat, 130), is entitled— (1) to have that pay recomputed under the rates of basic pay that were in effect under that Act on the day before the effective date of this Act; or (2) to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act; whichever pay is the greater. (d) A member or former member of a uniformed service who was entitled to retired pay on the day before the effective date of this Act and who served as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps is entitled— (1) to have his retired pay recomputed under the formula for computing retired pay applicable to him— (A) when he retired; or (B) if he served on active duty after he retired and his retired pay was recomputed by reason of that service, when his retired pay was so recomputed; using as his rate of basic pay the rate of basic pay prescribed for officers serving on active duty in those positions on June 1, 1958, by footnote 1 to the table for commissioned officers in section 201 (a) of the Career Compensation Act of 1949, as amended (72 76 Stat. 500. Stat. 122); or (2) to an increase of 5 percent in the retired pay to which he was entitled on the day before the effective date of this Act; whichever pay is the greater. (e) A member or former member of a uniformed service who was entitled to retired pay or retainer pay on the day before the effective date of this Act, other than a member or former member who is covered by subsection (b), (c), or (d) of this section, is entitled to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act. (f) Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this Act shall continue to receive the pay and allowances to which he was entitled on that day: (1) The Act of March 23, 1946, chapter 112 (60 Stat. 59). 50 USC app. 1691–1692 note. (2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052). (3) The Act of September 18, 1950, chapter 952 (64 Stat. A224). 12 USC 626c note. (g) Chapter 71 of title 10, United States Code, is amended— 70A Stat. 106: (1) by adding the following new section after section 1401: “§ 1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index “ ‘(a) Unless otherwise specifically provided by law, the retired pay or retainer pay of a member or former member of an armed force shall not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces if that increase becomes effective after the effective date of this section. “(b) In January of each calendar year after 1963, the Secretary of Defense shall determine the percent’that the annual average of the Consumer Price Index (all items—United States city average) published by the Bureau of Labor Statistics for the preceding calendar year has increased over that for 1962 or, if later, for the calendar year preceding that in which the most recent adjustment in retired pay and retainer pay has been made under this subsection. If the Secretary determines the percent of that increase to be 3 or more) the retired pay or retainer pay of a member or former member of an armed force who became entitled to that pay before January 2 of the year in which the Secretary makes that determination shall, as of April 1 of that year, be increased by that percent, adjusted to the nearest one-tenth of 1 percent.”; and (2) by inserting the following new item in the analysis: “1401a. Adjustment of retired pay and retainer pay to reflect changes la Consumer Price Index.” (h) Title 10, United States Code, is amended as follows: (1) Section 1401 is amended by striking out the words “, and adjust to reflect later changes in applicable permanent rates” in footnote 1 to the table; (2) Sections 3991 and 8991 are each amended— (A) by amending column 1 of formula A in the table to read as follows: “Monthly basic pay1 of member–s retired grade.1” ; and (B) by amending footnote 2 to the table to read as follows: “’ Compute, at rates applicable on date of retirement” (3) Chapter 561 is amended by repealing section 6149 and striking out the following item in the analysis: “6149. Retired pay ; computed on basis of rates of pay for officers on the active list.” (4) Sections 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6326 (c)(2), 6381(a)(2), 6383(c)(2), 6390(b)(2), and 6394(h) are each amended by striking out the words “to which he would be entitled if serving on active duty in” and inserting in place there of the word “of”. (5) Section 6327(b) is amended by striking out the words “to which he would be entitled if on active duty” and inserting in place thereof the words “of the grade in which retired”. (6) Sections 6396(c)(2), 6398(b)(2), 6399(c)(2), and 6400 (b) (2) are each amended by striking out the words “to which she would be entitled if serving on active duty in” and inserting in place there of the word “of”. (i) Section 423 of title 14, United States Code, is amended by striking out the word “active-duty” wherever it appears and inserting in place thereof the word “basic”. (j) A member or former member of a uniformed service is not entitled to an increase in his retired pay or retainer pay because of the enactment of this Act for any period before the effective date of this Act. (k) Section 3(b) of the Act of August 10, 1956, ch. 1041 (33 U.S.C. 857a(b)), and section 221(b) of the Public Health Service Act (42 70A Stat. 619. U.S.C. 213a(b)) are each amended by striking out the words “or ‘the Secretary concerned’ ” and inserting in place thereof the words “, ‘the Secretary concerned’, or ‘the Secretary of Defense’ ”. (l) (1) Section 1402(a) of title 10, United States Code, is amended to read as follows: “(a) A member of an armed force who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty as follows: “Col. 1, take— Col. 2, multiply by— Col. 3, subtract— Monthly basic pay of the grade In which he would be eligible— 2½ percent of the sum of— Excess over 75 percent of pay upon which computation is based.  (1) to retire if he were retiring upon that release from active duty; or  (1) the years of service that may be credited to him in computing retired pay or retainer pay; and    (2) to transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he were transferring to either upon that release from active duty.  (2) his years of active service after becoming entitled to retired pay or retainer pay.   1 For a member who has been entitled, for a continuous period of at least two years, to basic pay under the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, but who Is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in effect upon that release from active duty. For any other member, compute under the rates of basic pay under which the member’s retired pay or retainer pay was computed when he entered on that active duty. 2 Before applying the percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months. However, an officer who was ordered to active duty (other than for training) in the grade that he holds on the retired list under former section 6150 of this title, or under any other law that authorized advancement 70A Stat. 385;. 73 Stat. 337. on the retired list based upon a special commendation for the performance of duty in actual combat, may have his retired pay recomputed under this subsection on the basis of the rate of basic pay applicable to that grade upon his release from that active duty only if he has been entitled, for a continuous period of at least three years, to basic pay at that rate. If, upon his release from that active duty, he has been entitled to the basic pay of that grade for a continuous period of at least three years, but he does not qualify under the preceding sentence, he may have his retired pay recomputed under this subsection on the basis of the rate of basic pay prescribed for that grade by the rates of basic pay replaced by those in effect upon his release from that duty.” (2) Notwithstanding paragraph (1) of this subsection, and unless otherwise entitled to higher retired pay or retainer pay, a member of a uniformed service who is on active duty (other than for training) on the effective date of this Act, who was entitled to retired pay or retainer pay before he entered on that duty, and who is released from that duty on or after the effective date of this Act after having served on that duty for a continuous period of at least, one year shall, upon that release from active duty, be entitled to recompute his retired pay or retainer pay under the table in section 1402 of title 10, United States 70A Stat. 107. 72 Stat. 129. Code, subject to section 6483(c) of title 10, as that table and that section were in effect on the day before the effective date of this Act, using rates of basic pay prescribed by this Act. (m) Section 6483(c) of title 10, United States Code, is repealed. Repeal.

4. 1967

   Pub. L. 90–207 § 2(a)(2)(A) · 81 Stat. 649

   Inserted · 10 U.S.C. § 1402(d)

   Pub. L. 90–207, § 2(a)(2)(A), inserted “increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay” after “retired,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 90–207, § 2(a)(2)(A), inserted “increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay” after “retired,”.

   Enacted provision · exact public law section
   (A) by inserting “increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay,” after “retired,” in subsection (d); and 70A Stat. 107.

5. 1967

   Pub. L. 90–207 § 2(a)(2)(B) · 81 Stat. 649

   Added · 10 U.S.C. § 1402(e)

   Pub. L. 90–207, § 2(a)(2)(B), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 90–207, § 2(a)(2)(B), added subsec. (e).

   Enacted provision · exact public law section
   (B) by adding the following subsection: “(e) Notwithstanding subsection (a), a member covered by that 77 Stat. 214. subsection may elect, upon his release from active duty, to have his retired pay or retainer pay— “(1) computed according to the formula set forth in subsection (a) but using the rate of basic pay under which his retired pay or retainer pay was computed when he entered on active duty; and “(2) increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay.”

6. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title VIII § 813(b)(2) · 94 Stat. 1077

   Inserted · 10 U.S.C. § 1402(a)(c)

   Pub. L. 96–342 inserted “who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and” after “of an armed force” wherever appearing

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–342 inserted “who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and” after “of an armed force” wherever appearing.

   Enacted provision · exact public law section
   (2) Section 1402 of such title is amended by inserting “who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and” in subsections (a), (b), and (c) after “of an armed force”.

7. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 511(50) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 1402(a)(c)

   Pub. L. 96–513 substituted “a uniformed service (as defined in section 1407(a)(2) of this title) before September 8, 1980” for “the armed forces before the date of the enactment of the Department of Defense Appropriation Act, 1981” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 96–513 substituted “a uniformed service (as defined in section 1407(a)(2) of this title) before September 8, 1980” for “the armed forces before the date of the enactment of the Department of Defense Appropriation Act, 1981” wherever appearing.

   Enacted provision · exact public law section
   (50) Section 1402 is amended by striking out ”the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981” in subsections (a), (b), and (c) and inserting in lieu thereof ”a uniformed service (as defined in section 1407(a)(2) of this title) before September 8, 1980”.

8. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 922(a)(3) · 97 Stat. 614

   Substituted · 10 U.S.C. § 1402(a)

   Pub. L. 98–94, § 922(a)(3), substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–94, § 922(a)(3), substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”.

9. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 923(a)(1) · 97 Stat. 614

   Substituted · 10 U.S.C. § 1402(a)

   Pub. L. 98–94, § 923(a)(1), (2)(B), in footnote 2 of table, substituted “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” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–94, § 923(a)(1), (2)(B), in footnote 2 of table, substituted “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” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.

10. 1983

    Department of Defense Authorization Act, 1984

    Pub. L. 98–94 § 922(a)(4) · 97 Stat. 614

    Substituted · 10 U.S.C. § 1402(d)

    Pub. L. 98–94, § 922(a)(4), substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–94, § 922(a)(4), substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”.

11. 1983

    Department of Defense Authorization Act, 1984

    Pub. L. 98–94 § 923(a)(1) · 97 Stat. 614

    Substituted · 10 U.S.C. § 1402(d)

    Pub. L. 98–94, § 923(a)(1), (2)(C), in footnote 1 of table, substituted “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” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–94, § 923(a)(1), (2)(C), in footnote 1 of table, substituted “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” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.

12. 1986

    Pub. L. 99–348 § 304(b)(3) · 100 Stat. 682

    Inserted · 10 U.S.C. § 1402

    Pub. L. 99–348, § 304(b)(3), inserted “of members who first became members before September 8, 1980” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 99–348, § 304(b)(3), inserted “of members who first became members before September 8, 1980” in section catchline.

    Enacted provision · exact public law section
    (3) The heading of section 1402 is amended to read as follows:

13. 1986

    Pub. L. 99–348 title II § 201(b)(3) · 100 Stat. 682

    1. Struck · 10 U.S.C. § 1402(a)

       Pub. L. 99–348, §§ 201(b)(3), 304(a)(3), struck out “(as defined in section 1407(a)(2) of this title)” after “uniformed service”

    2. Struck · 10 U.S.C. § 1402(a)

       Pub. L. 99–348, §§ 201(b)(3), 304(a)(3), struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–348, §§ 201(b)(3), 304(a)(3), struck out “(as defined in section 1407(a)(2) of this title)” after “uniformed service” and struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title.

    Enacted provision · exact public law section
    (3) Conforming amendments.— Section 1402 is amended by Post, p. 703. striking out the second sentence of subsections (a) and (d).

14. 1986

    Pub. L. 99–348 § 304(a)(3) · 100 Stat. 682

    Struck · 10 U.S.C. § 1402(b); 10 U.S.C. § 1402(c)

    Pub. L. 99–348, § 304(a)(3), struck out “(as defined in section 1407(a)(2) of this title)” after “uniformed service”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 99–348, § 304(a)(3), struck out “(as defined in section 1407(a)(2) of this title)” after “uniformed service”.

    Enacted provision · exact public law section
    (3) Section 1402 is amended by striking out “(as defined in Ante, p. 694. section 1407(a)(2) of this title)” each place it appears.

15. 1986

    Pub. L. 99–348 § 201(b)(3) · 100 Stat. 682

    Struck · 10 U.S.C. § 1402(d)

    Pub. L. 99–348, § 201(b)(3), struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–348, § 201(b)(3), struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title.

    Enacted provision · exact public law section
    (3) Conforming amendments.— Section 1402 is amended by Post, p. 703. striking out the second sentence of subsections (a) and (d).

16. 1992

    National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 div. A title VI § 642(a) · 106 Stat. 2315

    Added · 10 U.S.C. § 1402(f)

    Pub. L. 102–484 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–484 added subsec. (f).

    Enacted provision · exact public law section
    (a) Members Initially Entering Service Before September 8, 1980.— Section 1402 of title 10, United States Code, is amended by adding at the end the following new subsection: “(f) (1) In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 3914 or 8914 of this title, the member’s retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces. “(2) The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the monthly rate of basic pay upon which the recomputation of such retired pay is based. “(3) The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.”.

17. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title VI § 646(b) · 122 Stat. 3

    Struck · 10 U.S.C. § 1402(a)

    Pub. L. 110–181 struck out column 3 of the table, which related to subtraction of excess over 75 percent of pay upon which computation is based

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–181 struck out column 3 of the table, which related to subtraction of excess over 75 percent of pay upon which computation is based.

    Enacted provision · exact public law section
    (b) Retired Pay for Certain Members Recalled to Active Duty.— The table in section 1402(a) of such title is amended by striking Column 3.

18. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title VI § 631(b) · 124 Stat. 4137

    1. Inserted · 10 U.S.C. § 1402(d)

       Pub. L. 111–383, in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability”

    2. Struck · 10 U.S.C. § 1402(d)

       Pub. L. 111–383, in column 2 of table, struck out column 4 of table which related to subtraction of excess over 75 percent of pay upon which computation is based

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–383, in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability” and struck out column 4 of table which related to subtraction of excess over 75 percent of pay upon which computation is based.

    Enacted provision · exact public law section
    (b) Recomputation of Retired or Retainer Pay to Reflect Later Active Duty of Members Who First Became Members Before September 8, 1980.— The table in section 1402(d) of such title is amended— (1) in the column designated “Column 2”, by inserting “, not to exceed 75%,” after “percentage of disability”; and (2) by striking column 4.

19. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 1402(f)(1)

    Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

20. 2024

    Pub. L. 118–159 div. A title VI § 604(1) · 138 Stat. 1931

    Substituted · 10 U.S.C. § 1402(f)(2)

    Pub. L. 118–159 substituted “Except in the case of a member who served during the Vietnam Era (as that term is defined in section 12731 of this title), the amount” for “The amount”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 118–159 substituted “Except in the case of a member who served during the Vietnam Era (as that term is defined in section 12731 of this title), the amount” for “The amount”.

25 of 31 references resolved to an enrolled provision · 5 partial · 1 unresolved