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119th Congress

Title 10 — Armed Forces

Part II · Chapter 71 — Computation of Retired Pay

§ 1405. Years of service

Statutory text

(a)

In General.—

For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—

(1)

his years of active service;

(2)

the years of service, not included in clause (1), with which he was entitled to be credited on , in computing his basic pay; and

(3)

the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.

(b)

Fractional Years of Service.—

In determining a member’s years of service under subsection (a)—

(1)

each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and

(2)

any remaining fractional part of a month shall be disregarded.

(c)

Exclusion of Time Required To Be Made Up or Excluded.—

(1)

Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after , may not be counted in determining years of service under subsection (a).

(2)

Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.

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. Pub. L. 85–422 § 11(a)(1)(A) · 72 Stat. 122

    Enacted · 10 U.S.C. § 1405

    Added Pub. L. 85–422, § 11(a)(1)(A), May 20, 1958, 72 Stat. 130

    Source evidence

    Code source credit
    Added Pub. L. 85–422, § 11(a)(1)(A), May 20, 1958, 72 Stat. 130

    Enacted provision · exact public law section
    (A) by adding the following new section at the end thereof: “§1405. Years of service “For the purposes of section 1401 (formula 4), 3888 (1), 3927 (b)(1), 3991 (formula B), 6151 (b), 6325 (a)(2) and (b)(2), 6381 (a)(2), 6383 (c)(2), 6390 (b)(2), 6394 (g)(2), 6396 (c)(2), 6398 (b)(2), 6399 (c)(2), 6400 (b)(2), 8888 (1), 8927 (b)(1), or 8991 (formula B) of this title, the years of service of a member of the armed forces are computed by adding— “(1) his years of active service; “(2) the years of service credited to him under section 233 (a)(7) of title 37; 70 Stat. 121. “(3) the years of service, not included in clause (1) or (2) with which he was entitled to be credited, on the day before the effective date of this section, in computing his basic pay; and “(4) the years of service, not included in clause (1), (2), or (3), with which he would be entitled to be credited under section 1333 of this title, if he were entitled to retired pay under section 1331 of this title. For the purpose of this section, a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.”; and

  2. Pub. L. 85–861 § 1 · 72 Stat. 1437

    Inserted · 10 U.S.C. § 1405

    Pub. L. 85–861 inserted references to sections 6323(e) and 6391(h) of this title

    Source evidence

    Code amendment note
    Pub. L. 85–861 inserted references to sections 6323(e) and 6391(h) of this title.

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  3. Pub. L. 87–651 title I § 109 · 76 Stat. 506

    Struck and inserted · 10 U.S.C. § 1405

    Pub. L. 87–651 struck out references to sections 6391(h) and 6394(g)(2) of this title and inserted a reference to section 6394(h) of this title

    Source evidence

    Code amendment note
    Pub. L. 87–651 struck out references to sections 6391(h) and 6394(g)(2) of this title and inserted a reference to section 6394(h) of this title.

    Enacted provision · exact public law section
    Sec. 109. Section 1405 of title 10, United States Code, is amended 72 Stat. 130. by striking out “6391(h), 6394(g)(2)” and inserting in place thereof “6394(h)”.

  4. Pub. L. 87–649 § 6(f)(4) · 76 Stat. 451

    Substituted · 10 U.S.C. § 1405

    Pub. L. 87–649 substituted “section 205(a)(7) and (8) of title 37” for “section 233(a)(7) of title 37” in cl. (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 87–649 substituted “section 205(a)(7) and (8) of title 37” for “section 233(a)(7) of title 37” in cl. (2).

    Enacted provision · exact public law section
    (4) Section 1405(2) is amended by striking out the words “section 233(a)(7) of title 37” and inserting the words “section 205 (a)(7) and (8) of title 37” in place thereof.

  5. Pub. L. 90–130 § 1(7) · 81 Stat. 374

    Struck · 10 U.S.C. § 1405

    Pub. L. 90–130 struck out references to section 6399(c)(2) of this title

    Source evidence

    Code amendment note
    Pub. L. 90–130 struck out references to section 6399(c)(2) of this title.

    Enacted provision · exact public law section
    (1) Section 123 (a) is amended by striking out “3391,”.

  6. Defense Officer Personnel Management Act

    Pub. L. 96–513 title I § 113(b) · 94 Stat. 2835

    Struck · 10 U.S.C. § 1405

    Pub. L. 96–513 struck out provisions that permitted the crediting of certain periods of constructive service in computing the retired pay of medical and dental officers and provided that members would compute their years of service for retirement pay by adding (1) years of active service, (2) years of service not otherwise counted with which the member was entitled to be credited on May 31, 1958, and (3) years of service not otherwise counted with which he would be credited under section 1333 if he were entitled to retired pay under section 1331

    Source evidence

    Code amendment note
    Pub. L. 96–513 struck out provisions that permitted the crediting of certain periods of constructive service in computing the retired pay of medical and dental officers and provided that members would compute their years of service for retirement pay by adding (1) years of active service, (2) years of service not otherwise counted with which the member was entitled to be credited on May 31, 1958, and (3) years of service not otherwise counted with which he would be credited under section 1333 if he were entitled to retired pay under section 1331.

    Enacted provision · exact public law section
    (b) Section 1405, relating to years of service for computation of retired pay, is amended to read as follows: “§1405. Years of service “For the purposes of section 1401 (formulas 4 and 5), 3991 (formula B), 6151(b), 6323(e), 6325 (a)(2) and (b)(2), 6383(c)(2), or 8991 (formula B) Post, pp. 2910, 2932, 2917. of this title, the years of service of a member of the armed forces are computed by adding— “(1) his years of active service; “(2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and “(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 1333 of this title if he were entitled to retired pay under section 1331 of this title.”. Post, p. 2924.

  7. Pub. L. 97–295 § 1(17) · 96 Stat. 1287

    1. Substituted · 10 U.S.C. § 1405

      Pub. L. 97–295, § 1(17), substituted “3991 (formula A), 3992 (formula B)” for “3991 (formula B)”

    2. Struck · 10 U.S.C. § 1405

      Pub. L. 97–295, § 1(17), struck out “or” first time appearing

    3. Substituted · 10 U.S.C. § 1405

      Pub. L. 97–295, § 1(17), substituted “8991 (formula A), or 8992 (formula B)” for “8991 (formula B)”

    Source evidence

    Code amendment note
    Pub. L. 97–295, § 1(17), substituted “3991 (formula A), 3992 (formula B)” for “3991 (formula B)”, struck out “or” first time appearing, and substituted “8991 (formula A), or 8992 (formula B)” for “8991 (formula B)”.

    Enacted provision · exact public law section
    (17) Section 1405 is amended— (A) by striking out “3991 (formula B)” and substituting “3991 (formula A), 3992 (formula B)”; (B) by striking out “or” the first time it appears; and (C) by striking out “8991 (formula B)” and substituting “8991 (formula A), or 8992 (formula B)”.

  8. Pub. L. 99–348 title I § 106 · 100 Stat. 682

    1. Amended · 10 U.S.C. § 1405

      Pub. L. 99–348 designated existing provision as subsec. (a)

    2. Substituted · 10 U.S.C. § 1405

      Pub. L. 99–348 inserted heading, and in provision preceding par. (1) substituted “the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member” for “section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), or 8992 (formula B) of this title, the years of service of a member of the armed forces”

    3. Added · 10 U.S.C. § 1405

      Pub. L. 99–348 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 99–348 designated existing provision as subsec. (a), inserted heading, and in provision preceding par. (1) substituted “the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member” for “section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), or 8992 (formula B) of this title, the years of service of a member of the armed forces”, and added subsec. (b).

    Enacted provision · exact public law section
    SEC. 106. YEARS OF SERVICE FOR COMPUTING RETIRED PAY Section 1405 (relating to determination of years of service for computation of retired pay) is amended— (1) by striking out the matter preceding clause (1) and inserting in lieu thereof “(a) In General.—For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—”; and (2) by adding at the end the following: “(b) Fractional Years of Service.— In determining a member’s years of service under subsection (a)— “(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as ⅟12 of a year; and “(2) any remaining fractional part of a month shall be disregarded.”.

  9. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1662(j)(3) · 108 Stat. 2663

    1. Substituted · 10 U.S.C. § 1405(a)(3)

      Pub. L. 103–337, § 1662(j)(3), substituted “12733” for “1333”

    2. Substituted · 10 U.S.C. § 1405(a)(3)

      Pub. L. 103–337, § 1662(j)(3), substituted “12731” for “1331”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 103–337, § 1662(j)(3), substituted “12733” for “1333” and “12731” for “1331”.

    Enacted provision · exact public law section
    (3) 10 USC 1405. Section 1405(a)(3) is amended by striking out “section 1333” and “section 1331” and inserting in lieu thereof “section 12733” and “section 12731”, respectively.

  10. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 635(d) · 108 Stat. 2663

    Added · 10 U.S.C. § 1405(c)

    Pub. L. 103–337, § 635(d), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–337, § 635(d), added subsec. (c).

    Enacted provision · exact public law section
    (d) Conforming Amendment.— Section 1405 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Exclusion of Time Required To Be Made Up.— Time required to be made up by an enlisted member of the Army or Air Force under section 972 of this title may not be counted in determining years of service under subsection (a).”.

  11. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title V § 561(d)(1) · 110 Stat. 186

    1. Amended · 10 U.S.C. § 1405(c)

      Pub. L. 104–106, as amended by Pub. L. 104–201

    2. Substituted · 10 U.S.C. § 1405(c)

      Pub. L. 104–106, as substituted “Made Up or Excluded” for “Made Up” in heading

    3. Amended · 10 U.S.C. § 1405(c)

      Pub. L. 104–106, as designated existing provisions as par. (1)

    4. Substituted · 10 U.S.C. § 1405(c)

      Pub. L. 104–106, as substituted “section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” for “section 972 of this title”

    5. Added · 10 U.S.C. § 1405(c)

      Pub. L. 104–106, as added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–106, as amended by Pub. L. 104–201, substituted “Made Up or Excluded” for “Made Up” in heading, designated existing provisions as par. (1), substituted “section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” for “section 972 of this title”, and added par. (2).

    Enacted provision · exact public law section
    (1) Section 1405(c) is amended— (A) by striking out “Made Up.—Time” and inserting in lieu thereof “Made Up or Excluded.—(1) Time”; (B) by striking out “section 972” and inserting in lieu thereof “section 972(a)”; (C) by inserting after “of this title” the following: “, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”; and (D) by adding at the end the following: “(2) Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.”.

    Effective date note
    Amendment by Pub. L. 104–106 effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title.

  12. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title X § 1048(c)(7) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 1405(c)(1)

    Pub. L. 107–107 substituted “October 5, 1994,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 107–107 substituted “October 5, 1994,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”.

    Enacted provision · exact public law section
    (7) Section 1405(c)(1) is amended by striking “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” and inserting “October 5, 1994,”.

  13. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 924(b)(25) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 1405(c)

    Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”.

    Enacted provision · exact public law section
    (25) Years of service.— Section 1405(c) of such title is amended by striking “or Air Force” and inserting “, Air Force, or Space Force”.

22 of 22 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1405[No source].[No source].

The amendment reflects section 11 of the Act of May 20, 1958, Pub. L. 85–422 (72 Stat. 130).

1962 Act

The change corrects a typographical error.

1982 Act

This amends 10:1405 to correct an inadvertent error in the codification of title 10 in 1956 relating to retirement pay of warrant officers advanced on the retired list. Under provisions of law first enacted in 1948 through the codification of title 10 in 1956 and until 1965, warrant officers advanced on the retired list received credit for inactive service in the computation of retirement pay. The Comptroller General in 1965 (B–156576) held in effect that computation of such retirement pay was governed by the wording of new title 10 that based the computation on years of active service only even though this had the result of making a substantive change. The Armed Services Committee of the House of Representatives concurs that an error was made in the codification of title 10 and has indicated that corrective legislative action is properly a responsibility of the House Judiciary Committee. See, also, the amendments to 10:3992 and 8992 made by sections 1(40) and 1(52), respectively.

Editorial Notes

Amendments1958–2021 · 10 rounds

2021

Subsec. (c). Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”.

2001

Subsec. (c)(1). Pub. L. 107–107 substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,”.

1996

Subsec. (c). Pub. L. 104–106, as amended by Pub. L. 104–201, substituted “Made Up or Excluded” for “Made Up” in heading, designated existing provisions as par. (1), substituted “section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” for “section 972 of this title”, and added par. (2).

1994

Subsec. (a)(3). Pub. L. 103–337, § 1662(j)(3), substituted “12733” for “1333” and “12731” for “1331”.

Subsec. (c). Pub. L. 103–337, § 635(d), added subsec. (c).

1986

Pub. L. 99–348 designated existing provision as subsec. (a), inserted heading, and in provision preceding par. (1) substituted “the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member” for “section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), or 8992 (formula B) of this title, the years of service of a member of the armed forces”, and added subsec. (b).

1982

Pub. L. 97–295, § 1(17), substituted “3991 (formula A), 3992 (formula B)” for “3991 (formula B)”, struck out “or” first time appearing, and substituted “8991 (formula A), or 8992 (formula B)” for “8991 (formula B)”.

1980

Pub. L. 96–513 struck out provisions that permitted the crediting of certain periods of constructive service in computing the retired pay of medical and dental officers and provided that members would compute their years of service for retirement pay by adding (1) years of active service, (2) years of service not otherwise counted with which the member was entitled to be credited on , and (3) years of service not otherwise counted with which he would be credited under section 1333 if he were entitled to retired pay under section 1331.

1967

Pub. L. 90–130 struck out references to section 6399(c)(2) of this title.

1962

Pub. L. 87–651 struck out references to sections 6391(h) and 6394(g)(2) of this title and inserted a reference to section 6394(h) of this title.

Pub. L. 87–649 substituted “section 205(a)(7) and (8) of title 37” for “section 233(a)(7) of title 37” in cl. (2).

1958

Pub. L. 85–861 inserted references to sections 6323(e) and 6391(h) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective , and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as a note under section 972 of this title.

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, § 635(e), , 108 Stat. 2789, provided that:

“This section [amending this section and sections 3925, 3991, 3992, 6333, 8925, 8991, and 8992 of this title] shall apply to—

“(1)

the computation of the retired pay of any enlisted member who retires on or after the date of the enactment of this Act [];

“(2)

the computation of the retainer pay of any enlisted member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on or after the date of the enactment of this Act; and

“(3)

the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after the date of the enactment of this Act.”

Amendment by section 1662(j)(3) of Pub. L. 103–337 effective , 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.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective , see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date

Section effective , see section 9 of Pub. L. 85–422, , 72 Stat. 130.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.

Credits

1958–2021 · 13 acts
  1. 1958Added Pub. L. 85–422, § 11(a)(1)(A), , 72 Stat. 130
  2. 1958amended Pub. L. 85–861, § 1(31A), , 72 Stat. 1451
  3. 1962Pub. L. 87–649, § 6(f)(4), , 76 Stat. 494
  4. 1962Pub. L. 87–651, title I, § 109, , 76 Stat. 509
  5. 1967Pub. L. 90–130, § 1(7), , 81 Stat. 374
  6. 1980Pub. L. 96–513, title I, § 113(b), , 94 Stat. 2877
  7. 1982Pub. L. 97–295, § 1(17), , 96 Stat. 1290
  8. 1986Pub. L. 99–348, title I, § 106, , 100 Stat. 691
  9. 1994Pub. L. 103–337, div. A, title VI, § 635(d), title XVI, § 1662(j)(3), , 108 Stat. 2789, 3004
  10. 1996Pub. L. 104–106, div. A, title V, § 561(d)(1), , 110 Stat. 322
  11. 1996Pub. L. 104–201, div. A, title X, § 1074(b)(1), , 110 Stat. 2660
  12. 2001Pub. L. 107–107, div. A, title X, § 1048(c)(7), , 115 Stat. 1226
  13. 2021Pub. L. 116–283, div. A, title IX, § 924(b)(25), , 134 Stat. 3824.
Show as published

(Added Pub. L. 85–422, § 11(a)(1)(A), , 72 Stat. 130; amended Pub. L. 85–861, § 1(31A), , 72 Stat. 1451; Pub. L. 87–649, § 6(f)(4), , 76 Stat. 494; Pub. L. 87–651, title I, § 109, , 76 Stat. 509; Pub. L. 90–130, § 1(7), , 81 Stat. 374; Pub. L. 96–513, title I, § 113(b), , 94 Stat. 2877; Pub. L. 97–295, § 1(17), , 96 Stat. 1290; Pub. L. 99–348, title I, § 106, , 100 Stat. 691; Pub. L. 103–337, div. A, title VI, § 635(d), title XVI, § 1662(j)(3), , 108 Stat. 2789, 3004; Pub. L. 104–106, div. A, title V, § 561(d)(1), , 110 Stat. 322; Pub. L. 104–201, div. A, title X, § 1074(b)(1), , 110 Stat. 2660; Pub. L. 107–107, div. A, title X, § 1048(c)(7), , 115 Stat. 1226; Pub. L. 116–283, div. A, title IX, § 924(b)(25), , 134 Stat. 3824.)

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