Title 10 — Armed Forces
Part II · Chapter 71 — Computation of Retired Pay
§ 1407. Retired pay base for members who first became members after September 7, 1980: high-36 month average
Statutory text
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 , is computed using the retired pay base or retainer pay base determined under this section.
High-Three Average.—
Except as provided in subsection (f), the retired pay base or retainer pay base of a person under this section is the person’s high-three average determined under subsection (c) or (d).
Computation of High-Three Average for Members Entitled to Retired or Retainer Pay for Regular Service.—
General rule.—
The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or section 12731 of this title is the amount equal to—
the total amount of monthly basic pay to which the member was entitled for the 36 months (whether or not consecutive) out of all the months of active service of the member for which the monthly basic pay to which the member was entitled was the highest, divided by
36.
Special rule for short-term disability retirees.—
In the case of a member who is entitled to retired pay under section 1201 or 1202 of this title and who has completed less than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal to—
the total amount of basic pay to which the member was entitled during the period of the member’s active service, divided by
the number of months (including any fraction thereof) of the member’s active service.
Special Rule for Reserve Component Members.—
In the case of a member of a reserve component who is entitled to retired pay under section 1201 or 1202 of this title, the member’s high-three average (notwithstanding paragraphs (1) and (2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.
Computation of High-Three Average for Members and Former Members Entitled to Retired Pay for Nonregular Service.—
Retired pay under chapter 1223.—
The high-three average of a member or former member entitled to retired pay under section 12731 of this title is the amount equal to—
the total amount of monthly basic pay to which the member or former member was entitled during the member or former member’s high-36 months (or to which the member or former member would have been entitled if the member or former member had served on active duty during the entire period of the member or former member’s high-36 months), divided by
36.
Nonregular service disability retired pay.—
The high-three average of a member entitled to retired pay under section 1204 or 1205 of this title is the amount equal to—
the total amount of monthly basic pay to which the member was entitled during the member’s high-36 months (or to which the member would have been entitled if the member had served on active duty during the entire period of the member’s high-36 months), divided by
36.
Special rule for short-term disability retirees.—
In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title and who was a member for less than 36 months before being retired under that section, the member’s high-three average (notwithstanding paragraph (2)) is the amount equal to—
the total amount of basic pay to which the member was entitled during the entire period the member was a member of a uniformed service before being so retired (or to which the member would have been entitled if the member had served on active duty during the entire period the member was a member of a uniformed service before being so retired), divided by
the number of months (including any fraction thereof) which the member was a member before being so retired.
High-36 months.—
The high-36 months of a member or former member whose retired pay is covered by paragraph (1) or (2) are the 36 months (whether or not consecutive) out of all the months before the member or former member became entitled to retired pay or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a), for which the monthly basic pay to which the member or former member was entitled (or would have been entitled if serving on active duty during those months) was the highest. In the case of a former member, only months during which the former member was a member of a uniformed service may be used for purposes of the preceding sentence.
Limitation for Enlisted Members Retiring With Less Than 30 Years’ Service.—
In the case of a member who is retired under section 7314 or 9314 of this title or who is transferred to the Fleet Reserve or Fleet Marine Corps Reserve under section 8330 of this title, the member’s high-36 average shall be computed using only rates of basic pay applicable to months of active duty of the member as an enlisted member.
Exception for Enlisted Members Reduced in Grade and Officers Who Do Not Serve Satisfactorily in Highest Grade Held.—
Computation based on pre-high-three rules.—
In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as if the member or former member first became a member of a uniformed service before .
Affected members.—
A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after —
in the case of a member retired in an enlisted grade or transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to a commissioned or warrant grade; and
in the case of an officer, is retired in a grade lower than the highest grade in which served pursuant to section 1370 or 1370a of this title that the officer served on active duty satisfactorily in that grade.
Special rule for enlisted members.—
In the case of a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (1) but for a subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the rates of basic pay used in the computation of the member’s high-36 average for the period of the member’s service in a grade higher than the grade in which retired shall be the rates of pay that would apply if the member had been serving for that period in the grade in which retired.
Special rule for officers who served in grade o–9 or o–10 and retired in grade o–8.—
In the case of an officer who served in the temporary grade of O–9 or O–10 and received a conditional or final retirement in the permanent grade of O–8 pursuant to section 1370 or 1370a of this title, the retired pay base or retainer pay shall be the lower of—
the amount determined under subsection (c) or (d), as applicable; or
the amount determined under section 1406 of this title, as if the officer first became a member of a uniformed service before .
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. § 1407
Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 689
Source evidence
Code source credit
Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 689Enacted 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 1990 and 1991
Pub. L. 101–189 § 651(a)(1) · 103 Stat. 1352
Substituted · 10 U.S.C. § 1407(b)
Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “person” for “member”
Substituted · 10 U.S.C. § 1407(b)
Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “person’s” for “member’s”
Substituted · 10 U.S.C. § 1407(b)
Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “subsection (c) or (d)” for “subsection (c)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “person” for “member”, “person’s” for “member’s”, and “subsection (c) or (d)” for “subsection (c)”.Enacted provision · exact public law section
(1) in subsection (b), by inserting “or (d)” after “subsection (c)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 651(a)(2) · 103 Stat. 1352
Added · 10 U.S.C. § 1407(c)
Pub. L. 101–189, § 651(a)(2), (4), added subsec. (c)
Struck · 10 U.S.C. § 1407(c)
Pub. L. 101–189, § 651(a)(2), (4), struck out former subsec. (c) which related to computation of high-three average
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–189, § 651(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which related to computation of high-three average.Enacted provision · exact public law section
(2) by striking out subsections (c), (e), (f) and (g);National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 651(a)(4) · 103 Stat. 1352
Redesignated · 10 U.S.C. § 1407(d)
Pub. L. 101–189, § 651(a)(4), added subsec. (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–189, § 651(a)(4), added subsec. (d). Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(4) by inserting after subsection (b) the following new subsections (c) and (d): “(c) Computation of High-Three Average for Members Entitled to Retired or Retainer Pay for Regular Service.— “(1) General rule.— The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or section 1331 of this title is the amount equal to— “(A) the total amount of monthly basic pay to which the member was entitled for the 36 months (whether or not consecutive) out of all the months of active service of the member for which the monthly basic pay to which the member was entitled was the highest, divided by “(B) 36. “(2) Special rule for short-term disability retirees.— In the case of a member who is entitled to retired pay under section 1201 or 1202 of this title and who has completed less than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal “(A) the total amount of basic pay to which the member was entitled during the period of the member’s active service, divided by “(B) the number of months (including any fraction thereof) of the member’s active service. “(d) Computation of High-Three Average for Members and Former Members Entitled to Retired Pay for Nonregular Service.— “(1) Retired pay under chapter 67.— The high-three average of a member or former member entitled to retired pay under section 1331 of this title is the amount equal to— “(A) the total amount of monthly basic pay to which the member or former member was entitled during the member or former member’s high-36 months (or to which the member or former member would have been entitled if the member or former member had served on active duty during the entire period of the member or former member’s high-36 months), divided by “(B) 36. “(2) Nonregular service disability retired pay.— The high-three average of a member entitled to retired pay under section 1204 or 1205 of this title is the amount equal to— “(A) the total amount of monthly basic pay to which the member was entitled during the member’s high-36 months (or to which the member would have been entitled if the member had served on active duty during the entire period of the member’s high-36 months), divided by “(B) 36. “(3) Special rule for short-term disability retirees.— In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title and who was a member for less than 36 months before being retired under that section, the member’s high-three average (notwithstanding paragraph (2)) is the amount equal to— “(A) the total amount of basic pay to which the member was entitled during the entire period the member was a member of a uniformed service before being so retired (or to which the member would have been entitled if the member had served on active duty during the entire period the member was a member of a uniformed service before being so retired), divided by “(B) the number of months (including any fraction thereof) which the member was a member before being so retired. “(4) High-36 months.— The high-36 months of a member or former member whose retired pay is covered by paragraph (1) or (2) are the 36 months (whether or not consecutive) out of all the months before the member or former member became entitled to retired pay for which the monthly basic pay to which the member or former member was entitled (or would have been entitled if serving on active duty during those months) was the highest. In the case of a former member, only months during which the former member was a member of a uniformed service may be used for purposes of the preceding sentence.”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 651(a)(2) · 103 Stat. 1352
Redesignated · 10 U.S.C. § 1407(e)
Pub. L. 101–189, § 651(a)(2), (3), redesignated subsec. (d) as (e)
Struck · 10 U.S.C. § 1407(e)
Pub. L. 101–189, § 651(a)(2), (3), struck out former subsec. (e) which related to special rules for short-term disability retirees
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–189, § 651(a)(2), (3), redesignated subsec. (d) as (e) and struck out former subsec. (e) which related to special rules for short-term disability retirees.Enacted provision · exact public law section
(2) by striking out subsections (c), (e), (f) and (g);National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 651(a)(2) · 103 Stat. 1352
Struck · 10 U.S.C. § 1407(f); 10 U.S.C. § 1407(g)
Pub. L. 101–189, § 651(a)(2), struck out subsec. (f) which related to special rule for members retiring with non-regular service, and subsec. (g) which defined the term “years of creditable service”
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 101–189, § 651(a)(2), struck out subsec. (f) which related to special rule for members retiring with non-regular service, and subsec. (g) which defined the term “years of creditable service”.Enacted provision · exact public law section
(2) by striking out subsections (c), (e), (f) and (g);Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1662(j)(5)(A) · 108 Stat. 2663
Substituted · 10 U.S.C. § 1407(c)(2)(B)
Pub. L. 103–337, § 1662(j)(5)(A), which directed substitution of “chapter 1223” for “chapter 67”, could not be executed because the words “chapter 67” did not appear subsequent to amendment by Pub. L. 101–189, § 651(a)(2), (4). See 1989 Amendment note below
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 103–337, § 1662(j)(5)(A), which directed substitution of “chapter 1223” for “chapter 67”, could not be executed because the words “chapter 67” did not appear subsequent to amendment by Pub. L. 101–189, § 651(a)(2), (4). See 1989 Amendment note below.Enacted provision · exact public law section
(A) in subsection (c)(2)(B), by striking out “chapter 67” and inserting in lieu thereof “chapter 1223”; andReserve Officer Personnel Management Act
Pub. L. 103–337 § 1662(j)(5)(B) · 108 Stat. 2663
Repealed · 10 U.S.C. § 1407(f)(2)
Pub. L. 103–337, § 1662(j)(5)(B), which directed amendment of subsec. (f)(2) by substituting “Chapter 1223” for “Chapter 67” in heading and “section 12731” for “section 1331” in text, could not be executed because of previous repeal of subsec. (f) by Pub. L. 101–189, § 651(a)(2). See 1989 Amendment note below
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 103–337, § 1662(j)(5)(B), which directed amendment of subsec. (f)(2) by substituting “Chapter 1223” for “Chapter 67” in heading and “section 12731” for “section 1331” in text, could not be executed because of previous repeal of subsec. (f) by Pub. L. 101–189, § 651(a)(2). See 1989 Amendment note below.Enacted provision · exact public law section
(B) in subsection (f)(2)— (i) by striking out “Chapter 67” in the heading and inserting in lieu thereof “Chapter 1223”; and (ii) by striking out “section 1331” and inserting in lieu thereof “section 12731”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1501(c)(15)(A) · 110 Stat. 186
Substituted · 10 U.S.C. § 1407(c)(1)
Pub. L. 104–106, § 1501(c)(15)(A), substituted “section 12731” for “section 1331”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–106, § 1501(c)(15)(A), substituted “section 12731” for “section 1331”.Enacted provision · exact public law section
(A) in subsection (c)(1) and (d)(1), by striking out “section 1331” and inserting in lieu thereof “section 12731”; andNational Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1501(c)(15) · 110 Stat. 186
Substituted · 10 U.S.C. § 1407(d)(1)
Pub. L. 104–106 substituted in heading “chapter 1223” for “chapter 67”
Substituted · 10 U.S.C. § 1407(d)(1)
Pub. L. 104–106 substituted in heading “section 12731” for “section 1331”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 104–106 substituted in heading “chapter 1223” for “chapter 67” and in text “section 12731” for “section 1331”.Enacted provision · exact public law section
(15) Section 1407 is amended— (A) in subsection (c)(1) and (d)(1), by striking out “section 1331” and inserting in lieu thereof “section 12731”; and (B) in the heading for paragraph (1) of subsection (d), by striking out “chapter 67” and inserting in lieu thereof “chapter 1223”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 10 U.S.C. § 1407(b)
Pub. L. 106–398, § 1 [[div. A], title VI, § 651(1)], substituted “Except as provided in subsection (f), the retired pay base” for “The retired pay base”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 651(1)], substituted “Except as provided in subsection (f), the retired pay base” for “The retired pay base”.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Added · 10 U.S.C. § 1407(f)
Pub. L. 106–398, § 1 [[div. A], title VI, § 651(2)], added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title VI, § 651(2)], added subsec. (f).Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title X § 1048(c)(8) · 115 Stat. 1012
Substituted · 10 U.S.C. § 1407(f)(2)
Pub. L. 107–107 substituted “October 30, 2000—” for “the date of the enactment of this subsection—” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 107–107 substituted “October 30, 2000—” for “the date of the enactment of this subsection—” in introductory provisions.Enacted provision · exact public law section
(8) Section 1407(f)(2) is amended by striking “the date of the enactment of this subsection—” and inserting “October 30, 2000—”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title VI § 641(a) · 118 Stat. 1811
Added · 10 U.S.C. § 1407(c)(3)
Pub. L. 108–375 added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 108–375 added par. (3).Enacted provision · exact public law section
(a) Computation of High-36 Month Average.— Subsection (c) of section 1407 of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) Special Rule for Reserve Component Members.— In the case of a member of a reserve component who is entitled to retired pay under section 1201 or 1202 of this title, the member’s high-three average (notwithstanding paragraphs (1) and (2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.” .National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title VI § 643(d)(2) · 123 Stat. 2190
Inserted · 10 U.S.C. § 1407(d)(4)
Pub. L. 111–84 inserted “or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a),” after “became entitled to retired pay”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 111–84 inserted “or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a),” after “became entitled to retired pay”.Enacted provision · exact public law section
(2) Members becoming members after september 7, 1980.— Section 1407(d)(4) of such title is amended by inserting after “became entitled to retired pay” the following: “or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a),”.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. § 1407(e)
Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”
Substituted · 10 U.S.C. § 1407(e)
Pub. L. 115–232 substituted “section 8330” for “section 6330”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”.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 div. A title V § 508(b)(1)(B) · 134 Stat. 3388
Substituted · 10 U.S.C. § 1407(f)(2)(B)
Pub. L. 116–283 substituted “pursuant to section 1370 or 1370a” for “by reason of denial of a determination or certification under section 1370”
Source evidence
Code amendment note
Subsec. (f)(2)(B). Pub. L. 116–283 substituted “pursuant to section 1370 or 1370a” for “by reason of denial of a determination or certification under section 1370”.Enacted provision · exact public law section
(B) In section 1407(f)(2)(B), by striking “by reason of denial of a determination or certification under section 1370” and inserting “pursuant to section 1370 or 1370a”.Pub. L. 118–159 div. A title VI § 605 · 138 Stat. 1931
Added · 10 U.S.C. § 1407(f)(4)
Pub. L. 118–159 added par. (4)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f)(4). Pub. L. 118–159 added par. (4).
23 of 24 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Prior Provisions
A prior section 1407, added Pub. L. 96–342, title VIII, § 813(a)(1), , 94 Stat. 1100; amended Pub. L. 96–513, title I, § 113(c), title V, §§ 501(21), 511(53), , 94 Stat. 2877, 2908, 2925, related to determination of retired base pay, prior to repeal by Pub. L. 99–348, § 104(b).
Amendments1989–2024 · 10 rounds
2024
Subsec. (f)(4). Pub. L. 118–159 added par. (4).
2021
Subsec. (f)(2)(B). Pub. L. 116–283 substituted “pursuant to section 1370 or 1370a” for “by reason of denial of a determination or certification under section 1370”.
2018
Subsec. (e). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914” and “section 8330” for “section 6330”.
2009
Subsec. (d)(4). Pub. L. 111–84 inserted “or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a),” after “became entitled to retired pay”.
2004
Subsec. (c)(3). Pub. L. 108–375 added par. (3).
2001
Subsec. (f)(2). Pub. L. 107–107 substituted “—” for “the date of the enactment of this subsection—” in introductory provisions.
2000
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 651(1)], substituted “Except as provided in subsection (f), the retired pay base” for “The retired pay base”.
Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title VI, § 651(2)], added subsec. (f).
1996
Subsec. (c)(1). Pub. L. 104–106, § 1501(c)(15)(A), substituted “section 12731” for “section 1331”.
Subsec. (d)(1). Pub. L. 104–106 substituted in heading “chapter 1223” for “chapter 67” and in text “section 12731” for “section 1331”.
1994
Subsec. (c)(2)(B). Pub. L. 103–337, § 1662(j)(5)(A), which directed substitution of “chapter 1223” for “chapter 67”, could not be executed because the words “chapter 67” did not appear subsequent to amendment by Pub. L. 101–189, § 651(a)(2), (4). See 1989 Amendment note below.
Subsec. (f)(2). Pub. L. 103–337, § 1662(j)(5)(B), which directed amendment of subsec. (f)(2) by substituting “Chapter 1223” for “Chapter 67” in heading and “section 12731” for “section 1331” in text, could not be executed because of previous repeal of subsec. (f) by Pub. L. 101–189, § 651(a)(2). See 1989 Amendment note below.
1989
Subsec. (b). Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “person” for “member”, “person’s” for “member’s”, and “subsection (c) or (d)” for “subsection (c)”.
Subsec. (c). Pub. L. 101–189, § 651(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which related to computation of high-three average.
Subsec. (d). Pub. L. 101–189, § 651(a)(4), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101–189, § 651(a)(2), (3), redesignated subsec. (d) as (e) and struck out former subsec. (e) which related to special rules for short-term disability retirees.
Subsecs. (f), (g). Pub. L. 101–189, § 651(a)(2), struck out subsec. (f) which related to special rule for members retiring with non-regular service, and subsec. (g) which defined the term “years of creditable service”.
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 2004 Amendment
Pub. L. 108–375, div. A, title VI, § 641(b), , 118 Stat. 1957, provided that:
“Paragraph (3) of section 1407(c) of title 10, United States Code, as added by subsection (a), shall take effect—
“(1) for purposes of determining an annuity under subchapter II or III of chapter 73 of that title, with respect to deaths on active duty on or after ; and
“(2) for purposes of determining the amount of retired pay of a member of a reserve component entitled to retired pay under section 1201 or 1202 of such title, with respect to such entitlement that becomes effective on or after the date of the enactment of this Act [].”
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title XV, § 1501(c), , 110 Stat. 498, provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
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.
Credits
1986–2024 · 11 acts
- 1986Added Pub. L. 99–348, title I, § 104(b), , 100 Stat. 689
- 1989amended Pub. L. 101–189, div. A, title VI, § 651(a), (b)(2), , 103 Stat. 1459, 1460
- 1994Pub. L. 103–337, div. A, title XVI, § 1662(j)(5), , 108 Stat. 3004
- 1996Pub. L. 104–106, div. A, title XV, § 1501(c)(15), , 110 Stat. 499
- 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 651], , 114 Stat. 1654, 1654A–163
- 2001Pub. L. 107–107, div. A, title X, § 1048(c)(8), , 115 Stat. 1226
- 2004Pub. L. 108–375, div. A, title VI, § 641(a), , 118 Stat. 1957
- 2009Pub. L. 111–84, div. A, title VI, § 643(d)(2), , 123 Stat. 2367
- 2018Pub. L. 115–232, div. A, title VIII, § 809(a), , 132 Stat. 1840
- 2021Pub. L. 116–283, div. A, title V, § 508(b)(1)(B), , 134 Stat. 3585
- 2024Pub. L. 118–159, div. A, title VI, § 605, , 138 Stat. 1931.
Show as published
(Added Pub. L. 99–348, title I, § 104(b), , 100 Stat. 689; amended Pub. L. 101–189, div. A, title VI, § 651(a), (b)(2), , 103 Stat. 1459, 1460; Pub. L. 103–337, div. A, title XVI, § 1662(j)(5), , 108 Stat. 3004; Pub. L. 104–106, div. A, title XV, § 1501(c)(15), , 110 Stat. 499; Pub. L. 106–398, § 1 [[div. A], title VI, § 651], , 114 Stat. 1654, 1654A–163; Pub. L. 107–107, div. A, title X, § 1048(c)(8), , 115 Stat. 1226; Pub. L. 108–375, div. A, title VI, § 641(a), , 118 Stat. 1957; Pub. L. 111–84, div. A, title VI, § 643(d)(2), , 123 Stat. 2367; Pub. L. 115–232, div. A, title VIII, § 809(a), , 132 Stat. 1840; Pub. L. 116–283, div. A, title V, § 508(b)(1)(B), , 134 Stat. 3585; Pub. L. 118–159, div. A, title VI, § 605, , 138 Stat. 1931.)