§ 1402a. Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 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. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title VIII § 813(b)(3)(A) · 94 Stat. 1077

   Enacted · 10 U.S.C. § 1402a

   Added Pub. L. 96–342, title VIII, § 813(b)(3)(A), Sept. 8, 1980, 94 Stat. 1102

   Source evidence

   Code source credit
   Added Pub. L. 96–342, title VIII, § 813(b)(3)(A), Sept. 8, 1980, 94 Stat. 1102

   Enacted provision · exact public law section
   (A) Chapter 71 of such title is amended by inserting after section 1402 the following new section: “§1402a. Recomputation of retired or retainer pay to reflect later active duty in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981 “(a) A member of an armed force who first became a member of a Ante, p. 1100. uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981, 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: Column 1 Column 2 Column 3 Take Multiply by Subtract Monthly retired or retainer pay base under section 1407 of this title which he would be entitled to use if— 2½ percent of the sum of— Excess over 75 percent of monthly retired or retainer pay base upon which computation is based. (1) he were retiring upon release from that active duty; or (2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty. (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.1   1 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. “(b) A member of an armed force who first became a member of a uniformed service on or after the date of the enactment of the Department of Defense Authorization Act, 1981, who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would 10 USC 1201 et seq. otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d). “(c) A member of an armed force who first became a member of a uniformed service on or after the date of the enactment of the Department of Defense Authorization Act, 1981, and who— Ante, p. 1077. “(1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the 10 USC 1201, 1204. temporary disability retired list; “(2) incurs, while on active duty after retirement or after his name was placed on the temporary disability retired list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on that list; and “(3) is qualified under section 1201, 1202, 1204, or 1205 of this title; 10 USC 1201, 1202, 1204, 1205. is entitled, upon his release from active duty, to retired pay under subsection (d). “(d) A member of an armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under section 1401a of this title after he initially became 10 USC 1401a. entitled to that pay, or (2) retired pay computed as follows: Column 1 Column 2 Column 3 Column 3 Take Multiply by Add Subtract The monthly retired pay base computed under section 1407(b) of this title. As member elects— 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. Excess over 75 percent of monthly retired or retainer pay base upon which computation is based.   (1) 2½ percent of years of service credited under section 1208 of this title;1 or       (2) the highest percentage of disability 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.     1 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. “(e) 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— “(1) computed according to the formula set forth in subsection (a) but using the monthly retired pay base under which his retired pay or retainer pay was computed when he entered on that 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.”.

2. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 511(51)(B) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 1402a

   Pub. L. 96–513, § 511(51)(B), substituted “of members who first became members after September 7, 1980” for “in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–513, § 511(51)(B), substituted “of members who first became members after September 7, 1980” for “in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981” in section catchline.

   Enacted provision · exact public law section
   (51) (A) Section 1402a is amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in subsections (a), (b), and (c) and inserting in lieu thereof “after September 7, 1980”.

3. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 511(51)(A) · 94 Stat. 2835

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

   Pub. L. 96–513, § 511(51)(A), substituted “after September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 96–513, § 511(51)(A), substituted “after September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

   Enacted provision · exact public law section
   (A) Section 1402a is amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in subsections (a), (b), and (c) and inserting in lieu thereof “after September 7, 1980”.

4. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 922(a)(5) · 97 Stat. 614

   Substituted · 10 U.S.C. § 1402a(a)

   Pub. L. 98–94, § 922(a)(5), 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)(5), 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:”.

5. 1983

   Department of Defense Authorization Act, 1984

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

   Substituted · 10 U.S.C. § 1402a(a)

   Pub. L. 98–94, § 923(a)(1), (2)(D), 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)(D), 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”.

6. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 922(a)(6) · 97 Stat. 614

   Substituted · 10 U.S.C. § 1402a(d)

   Pub. L. 98–94, § 922(a)(6), 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)(6), 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:”.

7. 1983

   Department of Defense Authorization Act, 1984

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

   Substituted · 10 U.S.C. § 1402a(d)

   Pub. L. 98–94, § 923(a)(1), (2)(E), 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)(E), 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”.

8. 1986

   Pub. L. 99–348 § 201(b)(1) · 100 Stat. 682

   Amended · 10 U.S.C. § 1402a(a)

   Pub. L. 99–348, § 201(b)(1), amended subsec. (a) generally. Prior to the amendment, subsec. (a) read as follows: “A member of an armed force who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) after September 7, 1980, 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 according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–348, § 201(b)(1), amended subsec. (a) generally. Prior to the amendment, subsec. (a) read as follows: “A member of an armed force who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) after September 7, 1980, 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 according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

   Enacted provision · exact public law section
   (1) Formula for recomputation of new retirement members.— Subsection (a) of section 1402a (relating to recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980) is amended to read as follows:

9. 1986

   Pub. L. 99–348 § 201(b)(2)(A) · 100 Stat. 682

   Inserted · 10 U.S.C. § 1402a(b)

   Pub. L. 99–348, § 201(b)(2)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–348, § 201(b)(2)(A), inserted heading.

   Enacted provision · exact public law section
   (A) by inserting “New Disability Incurred During Later Active Duty.—” in subsection (b) after “(b)”;

10. 1986

    Pub. L. 99–348 § 201(b)(2)(B) · 100 Stat. 682

    Inserted · 10 U.S.C. § 1402a(c)

    Pub. L. 99–348, § 201(b)(2)(B), inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–348, § 201(b)(2)(B), inserted heading.

    Enacted provision · exact public law section
    (B) by inserting “Additional or Aggravated Disability Incurred During Later Active Duty.—” in subsection (c) after “(c)”;

11. 1986

    Pub. L. 99–348 § 201(b)(2)(C) · 100 Stat. 682

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

       Pub. L. 99–348, § 201(b)(2)(C), inserted heading

    2. Struck · 10 U.S.C. § 1402a(d)

       Pub. L. 99–348, § 201(b)(2)(C), struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1, and in column 1 of table struck out “monthly” before “retired pay” and in column 4 of table struck out “monthly” before “retired or”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–348, § 201(b)(2)(C), inserted heading, struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1, and in column 1 of table struck out “monthly” before “retired pay” and in column 4 of table struck out “monthly” before “retired or”.

    Enacted provision · exact public law section
    (C) in subsection (d)— (i) by inserting “Computation for Later Disability.—” after “(d)”; (ii) by striking out the second sentence; and (iii) by striking out “monthly” both places it appears in the table; and

12. 1986

    Pub. L. 99–348 § 201(b)(2)(D) · 100 Stat. 682

    Inserted · 10 U.S.C. § 1402a(e)

    Pub. L. 99–348, § 201(b)(2)(D), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–348, § 201(b)(2)(D), inserted heading.

    Enacted provision · exact public law section
    (D) by inserting “Alternative Recomputation to Subsection (a) Formula.—” in subsection (e) after “(e)”.

13. 1992

    National Defense Authorization Act for Fiscal Year 1993

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

    Added · 10 U.S.C. § 1402a(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
    (b) Members Initially Entering Service After September 7, 1980.— Section 1402a of such title is amended by adding at 10 USC 1402a. the end the following new subsection: “(f) Additional 10 Percent for Certain Enlisted Members Credited With Extraordinary Heroism.— (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 retired pay base 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.”.

14. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

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

    1. Inserted · 10 U.S.C. § 1402a(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. § 1402a(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 retired or retainer pay base 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 retired or retainer pay base upon which computation is based.

    Enacted provision · exact public law section
    (c) Recomputation of Retired or Retainer Pay to Reflect Later Active Duty of Members Who First Became Members After September 7, 1980.— The table in section 1402a(d) of such title is amended— (1) in the column designated “Column 2”, by inserting “, not to exceed 75 percent,” after “percentage of disability”; and (2) by striking column 4.

15. 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. § 1402a(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.

13 of 17 references resolved to an enrolled provision · 4 partial