Title 10 — Armed Forces
Part II · Chapter 71 — Computation of Retired Pay
§ 1406. Retired pay base for members who first became members before September 8, 1980: final basic pay
Statutory text
Use of Retired Pay Base in Computing Retired Pay.—
General rule.—
The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before , is computed using the retired pay base or retainer pay base determined under this section.
Exception for recomputation.—
Recomputation of retired or retainer pay to reflect later active duty is provided for under section 1402 of this title without reference to a retired pay base or retainer pay base.
Retirement Under Subtitle A or E.—
Disability, warrant officer, and dopma retirement.—
In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table.
| For a member entitled toretired pay under section: | The retired pay base is: |
|---|---|
| 1201120212041205 | Monthly basic pay 1 of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher. |
| 580126312931305 | Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay of that warrant officer grade. |
| 633 634 635 636125112521253 | Monthly basic pay 2 of member’s retired grade.3 |
| 1 Compute at rates applicable on date of retirement or date when member’s name was placed on temporary disability retired list, as the case may be. | |
| 2 Compute at rates applicable on date of retirement. | |
| 3 For the purposes of this subsection, determine member’s retired grade as if sections 7342 and 9342 did not apply. | |
Non-regular service retirement.—
In the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted (or, in the case of a person entitled to retired pay by reason of an election under section 12741(a) of this title, at rates applicable on the date the person completes the service required under such section 12741(a)), of the highest grade held satisfactorily by the person at any time in the armed forces. For purposes of the preceding sentence, the highest grade in which a person served satisfactorily as an officer shall be determined in accordance with section 1370a of this title.
Voluntary Retirement for Members of the Army.—
In general.—
In the case of a member whose retired pay is computed under section 7361 of this title or who is entitled to retired pay computed under section 7362 of this title, the retired pay base is determined in accordance with the following table.
| For a member entitled toretired pay under section: | The retired pay base is: |
|---|---|
| 7311731873207324 | Monthly basic pay of member’s retired grade.1 |
| 73147317 | Monthly basic pay to which member was entitled on day before he retired. |
| 7362 | Monthly basic pay of grade to which member is advanced on retired list. |
| 1 For the purposes of this subsection, determine member’s retired grade as if section 7342 did not apply. | |
Rate of basic pay to be used.—
The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement.
Retirement for Members of the Navy and Marine Corps.—
In the case of a member whose retired pay is computed under section 8333 of this title, who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under section 8330 of this title, the retired pay base or retainer pay base is determined in accordance with the following table.
| For a member entitled toretired or retainer pay under section: | The retired pay base orretainer pay base is: |
|---|---|
| 8323 8325(a)8372 | Basic pay of the grade in which the member retired.1 |
| 8325(b) | Basic pay of the grade the officer would hold if he had not received an appointment described in section 8325(b). |
| 8326 | Basic pay of the pay grade in which the member was serving on the day before retirement. |
| 8330 | Basic pay that the member received at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve. |
| 8262 | Basic pay of the grade to which the member is advanced under section 8262. |
| 8334 | Basic pay of the grade to which the member is advanced under section 8334. |
| 1 If the rate specified is less than the pay of any warrant officer grade satisfactorily held by the member on active duty, use the monthly basic pay of that warrant officer grade. | |
Voluntary Retirement for Members of the Air Force and Space Force.—
In general.—
In the case of a member whose retired pay is computed under section 9361 of this title or who is entitled to retired pay computed under section 9362 of this title, the retired pay base is determined in accordance with the following table.
| For a member entitled toretired pay under section: | The retired pay base is: |
|---|---|
| 9311931893209324 | Monthly basic pay of member’s retired grade.1 |
| 93149317 | Monthly basic pay to which member was entitled on day before he retired. |
| 9362 | Monthly basic pay of grade to which member is advanced on retired list. |
| 1 For the purposes of this subsection, determine member’s retired grade as if section 9342 did not apply. | |
Rate of basic pay to be used.—
The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement.
Coast Guard.—
In the case of a member who is retired under any section of title 14, the member’s retired pay is computed under section 423(a) 1 of title 14 in the manner provided in that section.
Commissioned Corps of National Oceanic and Atmospheric Administration.—
In the case of an officer whose retired pay is computed under section 245 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3045), the retired pay base is the basic pay of the rank with which the officer retired.
Commissioned Corps of Public Health Service.—
In the case of an officer who is retired under section 210(g) or 211(a) of the Public Health Service Act (42 U.S.C. 211(g), 212(a)), the retired pay base is determined as follows:
Mandatory retirement.—
If the officer is retired under section 210(g) of such Act, the retired pay base is the basic pay of the permanent grade held by the officer at the time of retirement.
Voluntary retirement.—
If the officer is retired under section 211(a) of such Act, the retired pay base is the basic pay of the highest grade held by the officer and in which, in the case of a temporary promotion to such grade, the officer has performed active duty for not less than six months.
Special Rule for Former Chairmen and Vice Chairmen of the JCS, Chiefs of Service, Chief of the National Guard Bureau, Commanders of Combatant Commands, and Senior Enlisted Members.—
In general.—
For the purposes of subsections (b) through (e), in determining the rate of basic pay to apply in the determination of the retired pay base of a member who has served as Chairman or Vice Chairman of the Joint Chiefs of Staff, as a Chief of Service, as Chief of the National Guard Bureau, as a commander of a unified or specified combatant command (as defined in section 161(c) of this title), or as the senior enlisted member of an armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, the highest rate of basic pay applicable to the member while serving in that position shall be used, if that rate is higher than the rate otherwise authorized by this section.
Exception for members reduced in grade or who do not serve satisfactorily.—
Paragraph (1) does not apply in the case of a member who, while or after serving in a position specified in that paragraph and by reason of conduct occurring after —
in the case of an enlisted member, is reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or other administrative process; or
in the case an officer, is not certified by the Secretary of Defense under section 1370(c) 1 of this title as having served on active duty satisfactorily in the grade of general or admiral, as the case may be, while serving in that position.
Definitions.—
In this subsection:
The term “Chief of Service” means any of the following:
Chief of Staff of the Army.
Chief of Naval Operations.
Chief of Staff of the Air Force.
Commandant of the Marine Corps.
Chief of Space Operations.
Commandant of the Coast Guard.
The term “senior enlisted member” means any of the following:
Sergeant Major of the Army.
Master Chief Petty Officer of the Navy.
Chief Master Sergeant of the Air Force.
Sergeant Major of the Marine Corps.
Chief Master Sergeant of the Space Force.
Master Chief Petty Officer of the Coast Guard.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 99–348 title I § 104(b) · 100 Stat. 682
Enacted · 10 U.S.C. § 1406
Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 686
Source evidence
Code source credit
Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 686Enacted provision · exact public law section
(b) Consolidation of Statutes.— Chapter 71 (relating to the computation of retired pay) is amended by striking out section 1407 and inserting in lieu thereof the following: “§ 1406. Retired pay base for members who first became members before September 8, 1980: final basic pay “(a) Use of Retired Pay Base in Computing Retired Pay.— “(1) General rule.— The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before September 8, 1980, is computed using the retired pay base or retainer pay base determined under this section. “(2) Exception for recomputation.— Recomputation of retired or retainer pay to reflect later active duty is provided for under section 1402 of this title without reference to a retired Post, p. 694. pay base or retainer pay base. “(b) Retirement Under Subtitle A.— In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table. “For a member entitled to retired pay under section: The retired pay base is: 1201 Monthly basic pay1 of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher. 1202 1203 1204 1205 1331 Monthly basic pay2 of highest grade held satisfactory by person at any time in the armed forces. “For a member entitled to retired pay under section: The retired pay base is: 564 Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay of that warrant officer grade. 1263 1293 1305 633 Monthly basic pay3 of member’s retired grade.4 634 635 636 1251 1Compute at rates applicable on date of retirement or date when member’s name Was placed on temporary disability retired list, as the case may be. 2Compute at rates applicable on date when retired pay is granted. 3Compute at rates applicable on date of retirement. 4For the purposes of this subsection, determine member’s retired grade as if sections 3962(b) and 8962(b) did not apply. Voluntary Retirement for Members of the Army.— “(1) In general.— In the case of a member whose retired pay is computed under section 3991 of this title or who is entitled to Post, p. 694. Post, p . 695. retired pay computed under section 3992 of this title, the retired pay base is determined in accordance with the following table. “For a member entitled to retired pay under section: The retired pay base is: 3911 Monthly basic pay of member’s retired grade.1 3918 3920 3924 3914 Monthly basic pay to which member was entitled on day before he retired. 3917 3992 Monthly basic pay of grade to which member is advanced on retired list. 1For the purposes of this subsection, determine member’s retired grade as if section 3962(b) did not apply. “(2) Rate of basic pay to be used.— The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement. “(d) Retirement for Members of the Navy and Marine Corps.— In the case of a member whose retired pay is computed under section 6333 of this title, who is advanced on the retired list under Post, p . 695. Post, p. 696. section 6151 of this title, or who is entitled to retainer pay under section 6330 of this title, the retired pay base or retainer pay base is determined in accordance with the following table. “For a member entitled to retired or retainer pay under section: The retired pay base or retainer pay base is: 6323 Basic pay of the grade in which the member retired.1 6325(a) 6383 6325(b) Basic pay of the grade the officer would hold if he had not received an appointment described in section 6325(b). 6326 Basic pay of the pay grade in which the member was serving on the day before retirement. 6330 Basic pay that the member received at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve. 6151 Basic pay of the grade to which the member is advanced under section 6151. 1If the rate specified is less than the pay of any warrant officer grade satisfactorily held by the member on active duty, use the monthly basic pay of that warrant officer grade. “(e) Voluntary Retirement for Members of the Air Force.— “(1) In general.— In the case of a member whose retired pay is computed under section 8991 of this title or who is entitled to Post, p. 697. Post, p. 698. retired pay computed under section 8992 of this title, the retired pay base is determined in accordance with the following table. “For a member entitled to retired pay under section: The retired pay base is: 8911 Monthly basic pay of member’s retired grade.1 8918 8920 8924 8914 Monthly basic pay to which member was entitled on day before he retired. 8917 8992 Monthly basic pay of grade to which member is advanced on retired list. 1For the purposes of this subsection, determine member’s retired grade as if section 8962(b) did not apply. “(2) Rate of basic pay to be used.— The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement. “(f) Coast Guard.— In the case of a member who is retired under any section of title 14, the member’s retired pay is computed under section 423(a) of title 14 in the manner provided in that section. Post, p. 699. “(g) Commissioned Corps of National Oceanic and Atmospheric Administration.— In the case of an officer whose retired pay is computed under section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853o), the retired pay 33 USC 853o. base is the basic pay of the rank with which the officer retired. “(h) Commissioned Corps of Public Health Service.— In the case of an officer who is retired under section 210(g) or 211(a) of the Public Health Service Act (42 U.S.C. 211(g), 212(a)), the retired pay Post, pp. 701, 702. base is determined as follows: “(1) Mandatory retirement.— If the officer is retired under section 210(g) of such Act, the retired pay base is the basic pay of the permanent grade held by the officer at the time of retirement. “(2) Voluntary retirement.— If the officer is retired under section 211(a) of such Act, the retired pay base is the basic pay of the highest grade held by the officer and in which, in the case of a temporary promotion to such grade, the officer has performed active duty for not less than six months. “(i) Special Rule for Former Chairmen of the JCS, Chiefs of Service, and Senior Enlisted Members.— “(1) In general.— For the purposes of subsections (b) through (e), in determining the rate of basic pay to apply in the determination of the retired pay base of a member who has served as Chairman of the Joint Chiefs of Staff, as a Chief of Service, or as the senior enlisted member of an armed force, the highest rate of basic pay applicable to the member while serving in that position shall be used, if that rate is higher than the rate otherwise authorized by this section. “(2) Definitions.— In this subsection: “(A) The term ‘Chief of Service’ means any of the following: “(i) Chief of Staff of the Army, “(ii) Chief of Naval Operations, “(iii) Chief of Staff of the Air Force. “(iv) Commandant of the Marine Corps. “(v) Commandant of the Coast Guard. “(B) The term ‘senior enlisted member’ means any of the following: “(i) Sergeant Major of the Army. “(ii) Master Chief Petty Officer of the Navy. “(iii) Chief Master Sergeant of the Air Force. “(iv) Sergeant Major of the Marine Corps. “(v) Master Chief Petty Officer of the Coast Guard. “§ 1407. Retired pay base for members who first became members after September 7, 1980: high-36 month average “(a) Use of Retired Pay Base in Computing Retired Pay.— The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service after September 7, 1980, is computed using the retired pay base or retainer pay base determined under this section. “(b) High-Three Average.— The retired pay base or retainer pay base of a member under this section is the member’s high-three average determined under subsection (c). “(c) Computation of High-Three Average.— “(1) Formula.— For the purposes of this section, a member’s high-three average is the amount equal to— “(A) the total amount of monthly basic pay to which the member was entitled for the member’s high-36 months, divided by “(B) 36. “(2) High-36 months defined.— “(A) General rule.— A member’s high-36 months are the 36 months out of all the months of active duty served by the member as a member of a uniformed service for which the monthly basic pay to which the member was entitled was the highest. “(B) Rule for non-regular service retirees.— In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title or under chapter 67 of this title, a member’s high-36 months are the 36 months out of 10 USC 1331 et seq. all the months the member was a member of a uniformed service before becoming entitled to retired pay for which the monthly basic pay to which the member would have been entitled had he served on active duty during those months was the highest. “(d) Limitation for Enlisted Members Retiring With Less Than 30 Years’ Service.— In the case of a member who is retired under section 3914 or 8914 of this title or who is transferred to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, the member’s high-36 average shall be computed using Post, p. 696. only rates of basic pay applicable to months of active duty of the member as an enlisted member. “(e) Special Rules for Short-Term Disability Retirees.— “(1) Members entitled to retired pay under section 1201 or 1202.— In the case of a member who— “(A) is entitled to retired pay under section 1201 or 1202 of this title; and “(B) served on active duty for less than 36 months, the months (including any fraction thereof) that the member served on active duty shall be deemed to be the member’s high-36 months. “(2) Members entitled to retired pay under section 1204 or 1205.— In the case of a member who— “(A) is entitled to retired pay under section 1204 or 1205 of this title; and “(B) was a member of a uniformed service for less than 36 months. the months (including any fraction thereof) that the member was such a member shall be deemed to be the member’s high-36 months. “(f) Special Rule for Members Retiring With Non-Regular Service.— “(1) Disability retirement.— In the case of a member of a uniformed service who is entitled to retired pay under section 1204 or 1205 of this title (relating to members on active duty for 30 days or less), the high-36 average is determined as if the member served on active duty and was entitled to basic pay for the member’s high-36 months. “(2) Chapter 67 retirement.— In the case of a person who is entitled to retired pay under section 1331 of this title (relating to retired pay for non-regular service), the person’s high-36 average is determined as if the person served on active duty and was entitled to basic pay for the person’s high-36 months. “(g) Definition.— In this section, the term ‘years of creditable service’ means the number of years of service creditable to a member in computing the member’s retired or retainer pay (including ⅟12 of a year for each full month of service that is in addition to the number of full years of service of the member).”.National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 § 512(d)(2) · 101 Stat. 1019
Inserted · 10 U.S.C. § 1406(d)
Pub. L. 100–180, § 512(d)(2), inserted “or 6334” after “6151” in text
Inserted · 10 U.S.C. § 1406(d)
Pub. L. 100–180, § 512(d)(2), inserted item relating to section 6334 at end of table
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–180, § 512(d)(2), inserted “or 6334” after “6151” in text, and inserted item relating to section 6334 at end of table.Enacted provision · exact public law section
(2) Section 1406(d) of such title is amended— (A) by inserting “or 6334” after “6151”; and (B) by adding at the end of the table in such section the following: “6334 Basic pay of the grade to which the member is advanced under section 6334.”.National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 § 1314(b)(6) · 101 Stat. 1019
Inserted · 10 U.S.C. § 1406(i)
Pub. L. 100–180, § 1314(b)(6), inserted “and Vice Chairmen” after “Chairmen” in heading
Inserted · 10 U.S.C. § 1406(i)
Pub. L. 100–180, § 1314(b)(6), inserted “or Vice Chairman” after “Chairman” in par. (1)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 100–180, § 1314(b)(6), inserted “and Vice Chairmen” after “Chairmen” in heading and inserted “or Vice Chairman” after “Chairman” in par. (1).Enacted provision · exact public law section
(6) Section 1406(i) is amended— (A) by inserting “And Vice Chairmen” after “Chairmen” in the subsection heading; and (B) by inserting “or Vice Chairman” after “Chairman” in paragraph (1).National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1233(c) · 102 Stat. 1918
Substituted · 10 U.S.C. § 1406(b)
Pub. L. 100–456 substituted “satisfactorily by person” for “satisfactory by person” in item relating to section 1331 in table
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–456 substituted “satisfactorily by person” for “satisfactory by person” in item relating to section 1331 in table.Enacted provision · exact public law section
(c) Correction of Misspelled Word.— The table in section 1406(b) of title 10, United States Code, is amended by striking out “satisfactory” in the matter in the second column relating to section 1331 and inserting in lieu thereof “satisfactorily”.Warrant Officer Management Act
Pub. L. 102–190 div. A title XI § 1131(7) · 105 Stat. 1290
Substituted · 10 U.S.C. § 1406(b)
Pub. L. 102–190 substituted “580” for “564” in table
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–190 substituted “580” for “564” in table.Enacted provision · exact public law section
(7) Section 1406 is amended by striking out “564” in the first column in the table in subsection (b) and inserting in lieu thereof “580”.Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1662(j)(4) · 108 Stat. 2663
Substituted · 10 U.S.C. § 1406(b)
Pub. L. 103–337 substituted “Subtitle A or E” for “Subtitle A” in subsec. heading
Amended · 10 U.S.C. § 1406(b)
Pub. L. 103–337 designated existing provisions as par. (1)
Struck and inserted · 10 U.S.C. § 1406(b)
Pub. L. 103–337 inserted par. (1) heading, in table struck out item for section 1331 which related to monthly basic pay of highest grade held satisfactorily by person at any time in armed forces, renumbered footnotes 3 and 4 as 2 and 3, respectively
Struck · 10 U.S.C. § 1406(b)
Pub. L. 103–337 struck out former footnote 2 which provided for computations at rates applicable on date when retired pay is granted
Added · 10 U.S.C. § 1406(b)
Pub. L. 103–337 added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–337 substituted “Subtitle A or E” for “Subtitle A” in subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, in table struck out item for section 1331 which related to monthly basic pay of highest grade held satisfactorily by person at any time in armed forces, renumbered footnotes 3 and 4 as 2 and 3, respectively, and struck out former footnote 2 which provided for computations at rates applicable on date when retired pay is granted, and added par. (2).Enacted provision · exact public law section
(4) 10 USC 1406. Section 1406(b) is amended— (A) by striking out the matter preceding the table and inserting in lieu thereof the following: “(b) Retirement Under Subtitle A or E.— “(1) Disability, warrant officer, and dopma retirement.—In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table.”; (B) in the table— (i) by striking out the entry relating to section 1331 (including the matter relating to that entry in the column under the heading “The retired pay base is:”); and (ii) by redesignating the references to footnotes 3 and 4 so as to refer to footnotes 2 and 3, respectively; (C) by striking out footnote 2 to the table and redesignating footnotes 3 and 4 as footnotes 2 and 3, respectively; and (D) by adding at the end the following: “(2) Non-regular service retirement.—In the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted, of the highest grade held satisfactorily by the person at any time in the armed forces. For purposes of the preceding sentence, the highest grade in which a person served satisfactorily as an officer shall be determined in accordance with section 1370(d) of this title.”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 div. A title X § 1073(a)(23) · 111 Stat. 1629
Substituted · 10 U.S.C. § 1406(b)(1)
Pub. L. 105–85 substituted “3962 and 8962” for “3962(b) and 8962(b)” in footnote 3 in table
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–85 substituted “3962 and 8962” for “3962(b) and 8962(b)” in footnote 3 in table.Enacted provision · exact public law section
(23) Section 1406 is amended— (A) by striking out “3962(b)” in footnote number 3 in the table in subsection (b)(1) and in footnote number 1 in the table in subsection (c)(1) and inserting in lieu thereof “3962”; and (B) by striking out “8962(b)” in footnote number 3 in the table in subsection (b)(1) and in footnote number 1 in the table in subsection (e)(1) and inserting in lieu thereof “8962”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 1073(a)(23)(A) · 111 Stat. 1629
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 105–85, § 1073(a)(23)(A), substituted “3962” for “3962(b)” in footnote 1 in table
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 105–85, § 1073(a)(23)(A), substituted “3962” for “3962(b)” in footnote 1 in table.Enacted provision · exact public law section
(A) by striking out “3962(b)” in footnote number 3 in the table in subsection (b)(1) and in footnote number 1 in the table in subsection (c)(1) and inserting in lieu thereof “3962”; andNational Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 1073(a)(23)(B) · 111 Stat. 1629
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 105–85, § 1073(a)(23)(B), substituted “8962” for “8962(b)” in footnote 1 in table
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 105–85, § 1073(a)(23)(B), substituted “8962” for “8962(b)” in footnote 1 in table.Enacted provision · exact public law section
(B) by striking out “8962(b)” in footnote number 3 in the table in subsection (b)(1) and in footnote number 1 in the table in subsection (e)(1) and inserting in lieu thereof “8962”.Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 div. A title VI § 646 · 112 Stat. 1920
Added · 10 U.S.C. § 1406(i)(2); 10 U.S.C. § 1406(i)(3)
Pub. L. 105–261 added par. (2)
Redesignated · 10 U.S.C. § 1406(i)(2); 10 U.S.C. § 1406(i)(3)
Pub. L. 105–261 redesignated former par. (2) as (3)
Source evidence
Code amendment note
Subsec. (i)(2), (3). Pub. L. 105–261 added par. (2) and redesignated former par. (2) as (3).Enacted provision · exact public law section
SEC. 646. REVISION TO COMPUTATION OF RETIRED PAY FOR CERTAIN MEMBERS. Section 1406(i) of title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): “(2) Exception for members reduced in grade or who do not serve satisfactorily.— Paragraph (1) does not apply in the case of a member who, while or after serving in a position specified in that paragraph and by reason of conduct occurring on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999— “(A) in the case of an enlisted member, is reduced in grade as the result of a court-martial sentence, non-judicial punishment, or other administrative process; or “(B) in the case an officer, is not certified by the Secretary of Defense under section 1370(c) of this title a shaving served on active duty satisfactorily in the grade of general or admiral, as the case may be, while serving in that position.”.Pub. L. 106–65 div. A title X § 1066(a)(11) · 113 Stat. 512
Substituted · 10 U.S.C. § 1406(i)(2)
Pub. L. 106–65 substituted “after October 16, 1998” for “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” in introductory provisions
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 106–65 substituted “after October 16, 1998” for “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” in introductory provisions.Enacted provision · exact public law section
(11) Section 1406(i)(2) is amended by striking “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” and inserting “after October 16, 1998”.Pub. L. 107–372 title II § 272(a) · 116 Stat. 3078
Substituted · 10 U.S.C. § 1406(g)
Pub. L. 107–372 substituted “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002” for “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853o)”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 107–372 substituted “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002” for “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853o)”Enacted provision · exact public law section
(a) Title 10, United States Code.— Section 1406(g) of title 10, United States Code, is amended by striking “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853o)” and inserting “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002”.National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 div. A title VI § 643(a) · 117 Stat. 1392
Inserted · 10 U.S.C. § 1406(i)
Pub. L. 108–136 inserted “Commanders of Combatant Commands,” after “Chiefs of Service,” in heading and “as a commander of a unified or specified combatant command (as defined in section 161(c) of this title),” after “Chief of Service,” in par. (1)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 108–136 inserted “Commanders of Combatant Commands,” after “Chiefs of Service,” in heading and “as a commander of a unified or specified combatant command (as defined in section 161(c) of this title),” after “Chief of Service,” in par. (1).Enacted provision · exact public law section
(a) Treatment Equivalent to Chiefs of Service.— Subsection (i) of section 1406 of title 10, United States Code, is amended by inserting “as a commander of a unified or specified combatant command (as defined in section 161(c) of this title),” after “Chief of Service,”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title X § 1084(d)(9) · 118 Stat. 1811
Substituted · 10 U.S.C. § 1406(g)
Pub. L. 108–375 substituted “section 245” for “section 305”
Substituted · 10 U.S.C. § 1406(g)
Pub. L. 108–375 substituted “Officer Corps Act of 2002 (33 U.S.C. 3045)” for “Officers Act of 2002”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 108–375 substituted “section 245” for “section 305” and “Officer Corps Act of 2002 (33 U.S.C. 3045)” for “Officers Act of 2002”.Enacted provision · exact public law section
(9) Section 1406(g) is amended— (A) by striking “section 305” and inserting “section 245”; and (B) by striking “Officers Act of 2002” and inserting “Officer Corps Act of 2002 (33 U.S.C. 3045)”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 509(d)(1)(B) · 119 Stat. 3136
Inserted · 10 U.S.C. § 1406(b)(1)
Pub. L. 109–163, § 509(d)(1)(B), in table inserted “1252” at end of column under heading “For a member entitled to retired pay under section:”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 509(d)(1)(B), in table inserted “1252” at end of column under heading “For a member entitled to retired pay under section:”.Enacted provision · exact public law section
(B) in the table in section 1406(b)(1), by inserting at the bottom of the first column the following: “1252”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 685(d) · 119 Stat. 3136
Added · 10 U.S.C. § 1406(i)(3)(B)(vi)
Pub. L. 109–163, § 685(d), added cl. (vi)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 685(d), added cl. (vi).Enacted provision · exact public law section
(d) Retired Pay Base.— Section 1406(i)(3)(B) of title 10, United States Code, is amended by adding at the end the following new clause: “(vi) Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff.” .John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 502(d)(2) · 120 Stat. 2083
Inserted · 10 U.S.C. § 1406(b)(1)
Pub. L. 109–364, § 502(d)(2), in table inserted “1253” at end of column under heading “For a member entitled to retired pay under section:”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–364, § 502(d)(2), in table inserted “1253” at end of column under heading “For a member entitled to retired pay under section:”.Enacted provision · exact public law section
(2) in the table in section 1406(b)(1), by inserting at the bottom of the first column the following: “1253”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 1071(a)(7) · 120 Stat. 2083
Substituted · 10 U.S.C. § 1406(i)(3)(B)(vi)
Pub. L. 109–364, § 1071(a)(7), substituted “to” for “for”
Source evidence
Code amendment note
Subsec. (i)(3)(B)(vi). Pub. L. 109–364, § 1071(a)(7), substituted “to” for “for”.Enacted provision · exact public law section
(7) Section 1406(i)(3)(B)(vi) is amended by striking “Advisor for” and inserting “Advisor to”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title VI § 643(d)(1) · 123 Stat. 2190
Inserted · 10 U.S.C. § 1406(b)(2)
Pub. L. 111–84 inserted “(or, in the case of a person entitled to retired pay by reason of an election under section 12741(a) of this title, at rates applicable on the date the person completes the service required under such section 12741(a))” after “when retired pay is granted”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 111–84 inserted “(or, in the case of a person entitled to retired pay by reason of an election under section 12741(a) of this title, at rates applicable on the date the person completes the service required under such section 12741(a))” after “when retired pay is granted”.Enacted provision · exact public law section
(1) Members becoming members before september 8, 1980.— Section 1406(b)(2) of such title is amended by inserting after “when retired pay is granted” the following: “(or, in the case of a person entitled to retired pay by reason of an election under section 12741(a) of this title, at rates applicable on the date the person completes the service required under such section 12741(a))”.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 603(d)(1) · 128 Stat. 3292
Inserted · 10 U.S.C. § 1406(i)
Pub. L. 113–291, § 603(d)(1), inserted “Chief of the National Guard Bureau,” after “Chiefs of Service,” in heading
Source evidence
Code amendment note
Subsec. (i). Pub. L. 113–291, § 603(d)(1), inserted “Chief of the National Guard Bureau,” after “Chiefs of Service,” in heading.Enacted provision · exact public law section
(1) in the subsection heading, by inserting “Chief of the National Guard Bureau,” after “Chiefs of Service,”;Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 603(d)(2) · 128 Stat. 3292
Inserted · 10 U.S.C. § 1406(i)(1)
Pub. L. 113–291, § 603(d)(2), inserted “as Chief of the National Guard Bureau,” after “Chief of Service,” and “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 113–291, § 603(d)(2), inserted “as Chief of the National Guard Bureau,” after “Chief of Service,” and “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”.Enacted provision · exact public law section
(2) in paragraph (1)— (A) by inserting “as Chief of the National Guard Bureau,” after “Chief of Service,”; and (B) by inserting “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”; andCarl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 603(d)(3) · 128 Stat. 3292
Struck · 10 U.S.C. § 1406(i)(3)(B)(vi)
Pub. L. 113–291, § 603(d)(3), struck out cl. (vi) which read as follows: “Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”
Source evidence
Code amendment note
Subsec. (i)(3)(B)(vi). Pub. L. 113–291, § 603(d)(3), struck out cl. (vi) which read as follows: “Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”Enacted provision · exact public law section
(3) in paragraph (3)(B), by striking clause (vi).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. § 1406(b)(1)
Pub. L. 115–232 substituted “sections 7342 and 9342” for “sections 3962 and 8962” in footnote 3 in table
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 115–232 substituted “sections 7342 and 9342” for “sections 3962 and 8962” in footnote 3 in table.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.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. § 1406(c)(1)
Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 7361 of this title or who is entitled to retired pay computed under section 7362 of this title” for “In the case of a member whose retired pay is computed under section 3991 of this title or who is entitled to retired pay computed under section 3992 of this title” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7311” for “3911” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7318” for “3918” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7320” for “3920” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7324” for “3924” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7314” for “3914” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7317” for “3917” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “7362” for “3992” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(c)(1)
Pub. L. 115–232 substituted “section 7342” for “section 3962” in footnote 1 in table
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 7361 of this title or who is entitled to retired pay computed under section 7362 of this title” for “In the case of a member whose retired pay is computed under section 3991 of this title or who is entitled to retired pay computed under section 3992 of this title” in introductory provisions, “7311” for “3911”, “7318” for “3918”, “7320” for “3920”, “7324” for “3924”, “7314” for “3914”, “7317” for “3917”, and “7362” for “3992” in column 1 of table, and “section 7342” for “section 3962” in footnote 1 in table.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.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. § 1406(d)
Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 8333 of this title, who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under section 8330 of this title,” for “In the case of a member whose retired pay is computed under section 6333 of this title, who is advanced on the retired list under section 6151 or 6334 of this title, or who is entitled to retainer pay under section 6330 of this title,” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8323” for “6323” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8325(a)” for “6325(a)” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8372” for “6383” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8325(b)” for “6325(b)” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8326” for “6326” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8330” for “6330” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8262” for “6151” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “8334” for “6334” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “section 8325(b)” for “section 6325(b)” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “section 8262” for “section 6151” in column 2 of table
Substituted · 10 U.S.C. § 1406(d)
Pub. L. 115–232 substituted “section 8334” for “section 6334” in column 2 of table
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 8333 of this title, who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under section 8330 of this title,” for “In the case of a member whose retired pay is computed under section 6333 of this title, who is advanced on the retired list under section 6151 or 6334 of this title, or who is entitled to retainer pay under section 6330 of this title,” in introductory provisions, “8323” for “6323”, “8325(a)” for “6325(a)”, “8372” for “6383”, “8325(b)” for “6325(b)”, “8326” for “6326”, “8330” for “6330”, “8262” for “6151”, and “8334” for “6334” in column 1 of table, and “section 8325(b)” for “section 6325(b)”, “section 8262” for “section 6151”, and “section 8334” for “section 6334” in column 2 of table.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.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. § 1406(e)(1)
Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 9361 of this title or who is entitled to retired pay computed under section 9362 of this title” for “In the case of a member whose retired pay is computed under section 8991 of this title or who is entitled to retired pay computed under section 8992 of this title” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9311” for “8911” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9318” for “8918” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9320” for “8920” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9324” for “8924” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9314” for “8914” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9317” for “8917” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “9362” for “8992” in footnote 1 in table
Substituted · 10 U.S.C. § 1406(e)(1)
Pub. L. 115–232 substituted “section 9342” for “section 8962” in footnote 1 in table
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 9361 of this title or who is entitled to retired pay computed under section 9362 of this title” for “In the case of a member whose retired pay is computed under section 8991 of this title or who is entitled to retired pay computed under section 8992 of this title” in introductory provisions, “9311” for “8911”, “9318” for “8918”, “9320” for “8920”, “9324” for “8924”, “9314” for “8914”, “9317” for “8917”, and “9362” for “8992” in column 1 of table, and “section 9342” for “section 8962” in footnote 1 in table.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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 508(b)(1)(A) · 134 Stat. 3388
Substituted · 10 U.S.C. § 1406(b)(2)
Pub. L. 116–283, § 508(b)(1)(A), substituted “section 1370a” for “section 1370(d)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 116–283, § 508(b)(1)(A), substituted “section 1370a” for “section 1370(d)”.Enacted provision · exact public law section
(A) In section 1406(b)(2), by striking “section 1370(d)” and inserting “section 1370a”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(26)(A) · 134 Stat. 3388
Inserted · 10 U.S.C. § 1406(e)
Pub. L. 116–283, § 924(b)(26)(A), inserted “and Space Force” after “Air Force” in heading
Source evidence
Code amendment note
Subsec. (e). Pub. L. 116–283, § 924(b)(26)(A), inserted “and Space Force” after “Air Force” in heading.Enacted provision · exact public law section
(A) in the heading of subsection (e), by inserting “and Space Force” after “Air Force”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(26)(B)(i) · 134 Stat. 3388
Added · 10 U.S.C. § 1406(i)(3)(A)(v); 10 U.S.C. § 1406(i)(3)(A)(vi)
Pub. L. 116–283, § 924(b)(26)(B)(i), added cl. (v)
Redesignated · 10 U.S.C. § 1406(i)(3)(A)(v); 10 U.S.C. § 1406(i)(3)(A)(vi)
Pub. L. 116–283, § 924(b)(26)(B)(i), redesignated former cl. (v) as (vi)
Source evidence
Code amendment note
Subsec. (i)(3)(A)(v), (vi). Pub. L. 116–283, § 924(b)(26)(B)(i), added cl. (v) and redesignated former cl. (v) as (vi).Enacted provision · exact public law section
(i) in subparagraph (A)— (I) by redesignating clause (v) as clause (vi); and (II) by inserting after clause (iv) the following new clause (v): “(v) Chief of Space Operations.” ; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(26)(B)(ii) · 134 Stat. 3388
Added · 10 U.S.C. § 1406(i)(3)(B)(v); 10 U.S.C. § 1406(i)(3)(B)(vi)
Pub. L. 116–283, § 924(b)(26)(B)(ii), added cl. (v)
Redesignated · 10 U.S.C. § 1406(i)(3)(B)(v); 10 U.S.C. § 1406(i)(3)(B)(vi)
Pub. L. 116–283, § 924(b)(26)(B)(ii), redesignated former cl. (v) as (vi)
Source evidence
Code amendment note
Subsec. (i)(3)(B)(v), (vi). Pub. L. 116–283, § 924(b)(26)(B)(ii), added cl. (v) and redesignated former cl. (v) as (vi).Enacted provision · exact public law section
(ii) in subparagraph (B)— (I) by redesignating clause (v) as clause (vi); and (II) by inserting after clause (iv) the following new clause (v): “(v) The senior enlisted advisor of the Space Force.” .Pub. L. 118–159 div. A title V § 521(g)(1) · 138 Stat. 1881
Substituted · 10 U.S.C. § 1406(i)(3)(B)(v)
Pub. L. 118–159 substituted “Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (i)(3)(B)(v). Pub. L. 118–159 substituted “Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”.
67 of 68 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
Section 423 of title 14, referred to in subsec. (f), was redesignated section 2504 of title 14 by Pub. L. 115–282, title I, § 114(b), , 132 Stat. 4223, and references to section 423 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
Section 1370(c) of this title, referred to in subsec. (i)(2)(B), was repealed and new sections 1370 and 1370a were enacted by Pub. L. 116–283, div. A, title V, § 508(a)(1), , 134 Stat. 3580. For provisions stating that in determining retired grade of certain commissioned officers of the Armed Forces who retire after , any reference to section 1370 of title 10 in such determination with respect to such officers is deemed to be a reference to section 1370a of title 10, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of this title.
Prior Provisions
A prior section 1406 was renumbered section 12738 of this title.
Amendments1987–2024 · 16 rounds
2024
Subsec. (i)(3)(B)(v). Pub. L. 118–159 substituted “Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”.
2021
Subsec. (b)(2). Pub. L. 116–283, § 508(b)(1)(A), substituted “section 1370a” for “section 1370(d)”.
Subsec. (e). Pub. L. 116–283, § 924(b)(26)(A), inserted “and Space Force” after “Air Force” in heading.
Subsec. (i)(3)(A)(v), (vi). Pub. L. 116–283, § 924(b)(26)(B)(i), added cl. (v) and redesignated former cl. (v) as (vi).
Subsec. (i)(3)(B)(v), (vi). Pub. L. 116–283, § 924(b)(26)(B)(ii), added cl. (v) and redesignated former cl. (v) as (vi).
2018
Subsec. (b)(1). Pub. L. 115–232 substituted “sections 7342 and 9342” for “sections 3962 and 8962” in footnote 3 in table.
Subsec. (c)(1). Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 7361 of this title or who is entitled to retired pay computed under section 7362 of this title” for “In the case of a member whose retired pay is computed under section 3991 of this title or who is entitled to retired pay computed under section 3992 of this title” in introductory provisions, “7311” for “3911”, “7318” for “3918”, “7320” for “3920”, “7324” for “3924”, “7314” for “3914”, “7317” for “3917”, and “7362” for “3992” in column 1 of table, and “section 7342” for “section 3962” in footnote 1 in table.
Subsec. (d). Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 8333 of this title, who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under section 8330 of this title,” for “In the case of a member whose retired pay is computed under section 6333 of this title, who is advanced on the retired list under section 6151 or 6334 of this title, or who is entitled to retainer pay under section 6330 of this title,” in introductory provisions, “8323” for “6323”, “8325(a)” for “6325(a)”, “8372” for “6383”, “8325(b)” for “6325(b)”, “8326” for “6326”, “8330” for “6330”, “8262” for “6151”, and “8334” for “6334” in column 1 of table, and “section 8325(b)” for “section 6325(b)”, “section 8262” for “section 6151”, and “section 8334” for “section 6334” in column 2 of table.
Subsec. (e)(1). Pub. L. 115–232 substituted “In the case of a member whose retired pay is computed under section 9361 of this title or who is entitled to retired pay computed under section 9362 of this title” for “In the case of a member whose retired pay is computed under section 8991 of this title or who is entitled to retired pay computed under section 8992 of this title” in introductory provisions, “9311” for “8911”, “9318” for “8918”, “9320” for “8920”, “9324” for “8924”, “9314” for “8914”, “9317” for “8917”, and “9362” for “8992” in column 1 of table, and “section 9342” for “section 8962” in footnote 1 in table.
2014
Subsec. (i). Pub. L. 113–291, § 603(d)(1), inserted “Chief of the National Guard Bureau,” after “Chiefs of Service,” in heading.
Subsec. (i)(1). Pub. L. 113–291, § 603(d)(2), inserted “as Chief of the National Guard Bureau,” after “Chief of Service,” and “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”.
Subsec. (i)(3)(B)(vi). Pub. L. 113–291, § 603(d)(3), struck out cl. (vi) which read as follows: “Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”
2009
Subsec. (b)(2). Pub. L. 111–84 inserted “(or, in the case of a person entitled to retired pay by reason of an election under section 12741(a) of this title, at rates applicable on the date the person completes the service required under such section 12741(a))” after “when retired pay is granted”.
2006
Subsec. (b)(1). Pub. L. 109–364, § 502(d)(2), in table inserted “1253” at end of column under heading “For a member entitled to retired pay under section:”.
Pub. L. 109–163, § 509(d)(1)(B), in table inserted “1252” at end of column under heading “For a member entitled to retired pay under section:”.
Subsec. (i)(3)(B)(vi). Pub. L. 109–364, § 1071(a)(7), substituted “to” for “for”.
Pub. L. 109–163, § 685(d), added cl. (vi).
2004
Subsec. (g). Pub. L. 108–375 substituted “section 245” for “section 305” and “Officer Corps Act of 2002 (33 U.S.C. 3045)” for “Officers Act of 2002”.
2003
Subsec. (i). Pub. L. 108–136 inserted “Commanders of Combatant Commands,” after “Chiefs of Service,” in heading and “as a commander of a unified or specified combatant command (as defined in section 161(c) of this title),” after “Chief of Service,” in par. (1).
2002
Subsec. (g). Pub. L. 107–372 substituted “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002” for “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853o)”
1999
Subsec. (i)(2). Pub. L. 106–65 substituted “after ” for “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” in introductory provisions.
1998
Subsec. (i)(2), (3). Pub. L. 105–261 added par. (2) and redesignated former par. (2) as (3).
1997
Subsec. (b)(1). Pub. L. 105–85 substituted “3962 and 8962” for “3962(b) and 8962(b)” in footnote 3 in table.
Subsec. (c)(1). Pub. L. 105–85, § 1073(a)(23)(A), substituted “3962” for “3962(b)” in footnote 1 in table.
Subsec. (e)(1). Pub. L. 105–85, § 1073(a)(23)(B), substituted “8962” for “8962(b)” in footnote 1 in table.
1994
Subsec. (b). Pub. L. 103–337 substituted “Subtitle A or E” for “Subtitle A” in subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, in table struck out item for section 1331 which related to monthly basic pay of highest grade held satisfactorily by person at any time in armed forces, renumbered footnotes 3 and 4 as 2 and 3, respectively, and struck out former footnote 2 which provided for computations at rates applicable on date when retired pay is granted, and added par. (2).
1991
Subsec. (b). Pub. L. 102–190 substituted “580” for “564” in table.
1988
Subsec. (b). Pub. L. 100–456 substituted “satisfactorily by person” for “satisfactory by person” in item relating to section 1331 in table.
1987
Subsec. (d). Pub. L. 100–180, § 512(d)(2), inserted “or 6334” after “6151” in text, and inserted item relating to section 6334 at end of table.
Subsec. (i). Pub. L. 100–180, § 1314(b)(6), inserted “and Vice Chairmen” after “Chairmen” in heading and inserted “or Vice Chairman” after “Chairman” in par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , 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.
Effective Date of 2014 Amendment
Pub. L. 113–291, div. A, title VI, § 603(e), , 128 Stat. 3398, provided that: “This section [amending this section and sections 210 and 414 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as a note under section 203 of Title 37, and amending provisions set out as a note under section 205 of Title 37] and the amendments made by this section shall take effect on the date of the enactment of this Act [], and shall apply with respect to months of service that begin on or after that date.”
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title VI, § 643(c), , 117 Stat. 1517, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply with respect to officers who first become entitled to retired pay under title 10, United States Code, on or after such date.”
Effective Date of 1994 Amendment
Amendment by 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 1991 Amendment
Amendment by Pub. L. 102–190 effective , see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
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.
Grade on Transfer to Retired Reserve
Pub. L. 103–337, div. A, title XVI, § 1688, , 108 Stat. 3025, provided that: “In determining the highest grade held satisfactorily by a person at any time in the Armed Forces for the purposes of paragraph (2) of section 1406(b) of title 10, United States Code, as added by this title, the requirement for satisfactory service on the reserve active-status list contained in [former] section 1370(d) of title 10, United States Code, as added by this title, shall apply only to reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion under chapter 36 of that title or under chapter 1405 of that title, as added by this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after the effective date of this title [see Effective Date note set out under section 10001 of this title].”
[In determining retired grade of certain commissioned officers of the Armed Forces who retire after , any reference to section 1370 of title 10 in such determination with respect to such officers deemed to be a reference to section 1370a of title 10, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of this title.]
Credits
1986–2024 · 18 acts
- 1986Added Pub. L. 99–348, title I, § 104(b), , 100 Stat. 686
- 1987amended Pub. L. 100–180, div. A, title V, § 512(d)(2), title XIII, § 1314(b)(6), , 101 Stat. 1090, 1175
- 1988Pub. L. 100–456, div. A, title XII, § 1233(c), , 102 Stat. 2057
- 1991Pub. L. 102–190, div. A, title XI, § 1131(7), , 105 Stat. 1506
- 1994Pub. L. 103–337, div. A, title XVI, § 1662(j)(4), , 108 Stat. 3004
- 1997Pub. L. 105–85, div. A, title X, § 1073(a)(23), , 111 Stat. 1901
- 1998Pub. L. 105–261, div. A, title VI, § 646, , 112 Stat. 2050
- 1999Pub. L. 106–65, div. A, title X, § 1066(a)(11), , 113 Stat. 771
- 2002Pub. L. 107–372, title II, § 272(a), , 116 Stat. 3094
- 2003Pub. L. 108–136, div. A, title VI, § 643(a), (b), , 117 Stat. 1517
- 2004Pub. L. 108–375, div. A, title X, § 1084(d)(9), , 118 Stat. 2061
- 2006Pub. L. 109–163, div. A, title V, § 509(d)(1)(B), title VI, § 685(d), , 119 Stat. 3231, 3325
- 2006Pub. L. 109–364, div. A, title V, § 502(d)(2), title X, § 1071(a)(7), , 120 Stat. 2178, 2398
- 2009Pub. L. 111–84, div. A, title VI, § 643(d)(1), , 123 Stat. 2367
- 2014Pub. L. 113–291, div. A, title VI, § 603(d), , 128 Stat. 3398
- 2018Pub. L. 115–232, div. A, title VIII, § 809(a), , 132 Stat. 1840
- 2021Pub. L. 116–283, div. A, title V, § 508(b)(1)(A), title IX, § 924(b)(26), , 134 Stat. 3585, 3824
- 2024Pub. L. 118–159, div. A, title V, § 521(g)(1), , 138 Stat. 1881.
Show as published
(Added Pub. L. 99–348, title I, § 104(b), , 100 Stat. 686; amended Pub. L. 100–180, div. A, title V, § 512(d)(2), title XIII, § 1314(b)(6), , 101 Stat. 1090, 1175; Pub. L. 100–456, div. A, title XII, § 1233(c), , 102 Stat. 2057; Pub. L. 102–190, div. A, title XI, § 1131(7), , 105 Stat. 1506; Pub. L. 103–337, div. A, title XVI, § 1662(j)(4), , 108 Stat. 3004; Pub. L. 105–85, div. A, title X, § 1073(a)(23), , 111 Stat. 1901; Pub. L. 105–261, div. A, title VI, § 646, , 112 Stat. 2050; Pub. L. 106–65, div. A, title X, § 1066(a)(11), , 113 Stat. 771; Pub. L. 107–372, title II, § 272(a), , 116 Stat. 3094; Pub. L. 108–136, div. A, title VI, § 643(a), (b), , 117 Stat. 1517; Pub. L. 108–375, div. A, title X, § 1084(d)(9), , 118 Stat. 2061; Pub. L. 109–163, div. A, title V, § 509(d)(1)(B), title VI, § 685(d), , 119 Stat. 3231, 3325; Pub. L. 109–364, div. A, title V, § 502(d)(2), title X, § 1071(a)(7), , 120 Stat. 2178, 2398; Pub. L. 111–84, div. A, title VI, § 643(d)(1), , 123 Stat. 2367; Pub. L. 113–291, div. A, title VI, § 603(d), , 128 Stat. 3398; Pub. L. 115–232, div. A, title VIII, § 809(a), , 132 Stat. 1840; Pub. L. 116–283, div. A, title V, § 508(b)(1)(A), title IX, § 924(b)(26), , 134 Stat. 3585, 3824; Pub. L. 118–159, div. A, title V, § 521(g)(1), , 138 Stat. 1881.)