Title 10 — Armed Forces
Part II · Chapter 745 — Computation of Retired Pay
§ 7361. Computation of retired pay
Statutory text
Computation.—
Formula.—
The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying—
the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by
the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.
Additional 10 percent for certain enlisted members credited with extraordinary heroism.—
If a member who is retired under section 7314 of this title has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based (except in the case of a member who served during the Vietnam era, as that term is defined in section 12731 of this title)). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
General Rules.—
Use of most favorable formula.—
If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him.
Rounding to next lower dollar.—
The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
Special Rule for Retired Reserve Enlisted Members Covered by Section 7343.—
In the case of a Reserve enlisted member retired under section 7314 of this title whose retired grade is determined under section 7343 of this title and who first became a member of a uniformed service before , the retired pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the member’s retired grade (determined based upon the rates of basic pay applicable on the date of the member’s retirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under section 1406(c) of this title.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 232, § 3991 · 70A Stat. 232
Enacted · 10 U.S.C. § 7361
Aug. 10, 1956, ch. 1041, 70A Stat. 232, § 3991
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 232, § 3991Pub. L. 85–155 title I § 101(23) · 71 Stat. 375
Redesignated · 10 U.S.C. § 7361
Pub. L. 85–155 redesignated formulas “B” to “E” of the table as formulas “A” to “D”. Former formula “A”, which related to computation of retirement pay for persons retired under former sections 3881, 3882, and 3912 of this title, was repealed by Pub. L. 85–155
Source evidence
Code amendment note
Pub. L. 85–155 redesignated formulas “B” to “E” of the table as formulas “A” to “D”. Former formula “A”, which related to computation of retirement pay for persons retired under former sections 3881, 3882, and 3912 of this title, was repealed by Pub. L. 85–155.Enacted provision · exact public law section
(23) Section 3991 is amended: 70A Stat. 232. (A) by striking out formula “A” of the table therein; and (B) by redesignating formulas “B”, “C”, “D”, and “E” as formulas “A”, “B”, “C” and “D”, respectively.Pub. L. 85–422 § 11(a)(5) · 72 Stat. 122
Substituted · 10 U.S.C. § 7361
Pub. L. 85–422, § 11(a)(5), substituted “credited to him under section 1405 of this title” for “credited to him in determining basic pay” in Column 2
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Formula B. Pub. L. 85–422, § 11(a)(5), substituted “credited to him under section 1405 of this title” for “credited to him in determining basic pay” in Column 2.Enacted provision · exact public law section
(5) Formula B of section 3991 is amended by striking out the words “credited to him in determining basic pay” and inserting the words “credited to him under section 1405 of this title” in place thereof.Pub. L. 85–422 § 6(8) · 72 Stat. 122
Substituted · 10 U.S.C. § 7361
Pub. L. 85–422, § 6(8), substituted “Monthly basic pay to which member was entitled on day before he retired” for “Monthly basic pay to which member was entitled on date when he applied for retirement” in Column 1
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Formula C. Pub. L. 85–422, § 6(8), substituted “Monthly basic pay to which member was entitled on day before he retired” for “Monthly basic pay to which member was entitled on date when he applied for retirement” in Column 1.Enacted provision · exact public law section
(8) Column 1 of formulas C and D of sections 3991 and 8991 are 70A Stat. 232, 556. each, respectively, amended to read as follows: “Monthly basic pay 1 to which member was entitled on day before he retired.”Pub. L. 85–422 § 6(8) · 72 Stat. 122
Substituted · 10 U.S.C. § 7361
Pub. L. 85–422, § 6(8), substituted “monthly basic pay to which member was entitled on day before he retired” for “Monthly basic pay of member’s retired grade” in Column 1
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Formula D. Pub. L. 85–422, § 6(8), substituted “monthly basic pay to which member was entitled on day before he retired” for “Monthly basic pay of member’s retired grade” in Column 1.Enacted provision · exact public law section
(8) Column 1 of formulas C and D of sections 3991 and 8991 are 70A Stat. 232, 556. each, respectively, amended to read as follows: “Monthly basic pay 1 to which member was entitled on day before he retired.”Pub. L. 85–422 § 6(1) · 72 Stat. 122
Struck · 10 U.S.C. § 7361
Pub. L. 85–422, § 6(1), struck out provisions which related to inapplicability of section 3962(a)
Inserted · 10 U.S.C. § 7361
Pub. L. 85–422, § 6(1), inserted provisions permitting computation at the highest rates of basic pay applicable to an officer who has served as Chief of Staff while he served in that office
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Footnote 1. Pub. L. 85–422, § 6(1), struck out provisions which related to inapplicability of section 3962(a), and inserted provisions permitting computation at the highest rates of basic pay applicable to an officer who has served as Chief of Staff while he served in that office.Enacted provision · exact public law section
(1) Footnote 1 of section 3991 is amended to read as follows: 70A Stat. 232. “11For the purposes of this section, determine member’s retired grade as if section 3962 (d) did not apply and, for an officer who has served as Chief of Staff, compute at the highest rates of basic pay applicable to him while he served in that office.”Pub. L. 85–861 § 1 · 72 Stat. 1437
Substituted · 10 U.S.C. § 7361
Pub. L. 85–861 substituted “section 3962(c)” for “section 3962(d)” in footnote 2
Substituted · 10 U.S.C. § 7361
Pub. L. 85–861 substituted “3963(a)” for “3962(c), 3963(a)” in footnote 2
Source evidence
Code amendment note
Pub. L. 85–861 substituted “section 3962(c)” for “section 3962(d)” in footnote 1, and “3963(a)” for “3962(c), 3963(a)” in footnote 2.Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 5(h)(2) · 77 Stat. 194
Substituted · 10 U.S.C. § 7361
Pub. L. 88–132 substituted in column 1 of Formula A in table “Monthly basic pay of member’s retired grade” for “Monthly basic pay to which member would be entitled if he were on active duty in his retired grade” and eliminated from footnote 2 to such table “and adjust to reflect later changes in applicable permanent rates. However, if member’s retired grade is determined under section 3963(a) or 3963(b), or if member has served 4 years as Chief of the Medical Service Corps, use pay to which member would be entitled if he were on active duty in his retired grade” after “date of retirement.”
Source evidence
Code amendment note
Pub. L. 88–132 substituted in column 1 of Formula A in table “Monthly basic pay of member’s retired grade” for “Monthly basic pay to which member would be entitled if he were on active duty in his retired grade” and eliminated from footnote 2 to such table “and adjust to reflect later changes in applicable permanent rates. However, if member’s retired grade is determined under section 3963(a) or 3963(b), or if member has served 4 years as Chief of the Medical Service Corps, use pay to which member would be entitled if he were on active duty in his retired grade” after “date of retirement.”Enacted provision · exact public law section
(2) Sections 3991 and 8991 are each amended— (A) by amending column 1 of formula A in the table to read as follows: “Monthly basic pay1 of member–s retired grade.1” ; and (B) by amending footnote 2 to the table to read as follows: “’ Compute, at rates applicable on date of retirement”Pub. L. 90–207 § 3(2) · 81 Stat. 649
Inserted · 10 U.S.C. § 7361
Pub. L. 90–207 inserted “, or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater” after “retirement” in footnote 3 of the table
Source evidence
Code amendment note
Pub. L. 90–207 inserted “, or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater” after “retirement” in footnote 3 of the table.Enacted provision · exact public law section
(2) Section 3991 is amended by amending footnote 3 of the table 70A Stat. 232. therein to read as follows: “Compute at rates applicable on date of retirement, or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater.”Department of Defense Authorization Act, 1981
Pub. L. 96–342 title VIII § 813(c) · 94 Stat. 1077
Inserted · 10 U.S.C. § 7361
Pub. L. 96–342 in heading for column 1 of the table inserted provisions respecting applicability to persons becoming members after the date of the enactment of the Department of Defense Authorization Act, 1981
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–342 in heading for column 1 of the table inserted provisions respecting applicability to persons becoming members after the date of the enactment of the Department of Defense Authorization Act, 1981.Enacted provision · exact public law section
(c) The tables contained in sections 3991 and 3992 of title 10, United States Code, are amended by striking out “Take” in the heading in column 1 and inserting in lieu thereof the following: “For a person who first became a member of uniformed service (as defined in section Ante, p. 1100. Ante, p. 1077. 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, take the monthly retired pay base as computed under section 1407(c). For all others take”Defense Officer Personnel Management Act
Pub. L. 96–513 § 512(10) · 94 Stat. 2835
Substituted · 10 U.S.C. § 7361
Pub. L. 96–513, § 512(10), in heading for column 1 of the table substituted “after September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981”
Source evidence
Code amendment note
Pub. L. 96–513, § 512(10), in heading for column 1 of the table substituted “after September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981”.Enacted provision · exact public law section
(10) The tables contained in sections 3991 and 3992 are each amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in the Ante, p. 1077. heading for column 1 and inserting in lieu thereof “after September 7, 1980”.Defense Officer Personnel Management Act
Pub. L. 96–513 § 502(21) · 94 Stat. 2835
Struck · 10 U.S.C. § 7361
Pub. L. 96–513, § 502(21), in table struck out Formula A
Redesignated · 10 U.S.C. § 7361
Pub. L. 96–513, § 502(21), in table redesignated Formulas B, C, and D as A, B, and C, respectively
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–513, § 502(21), in table struck out Formula A and redesignated Formulas B, C, and D as A, B, and C, respectively.Enacted provision · exact public law section
(21) The table contained in section 3991 is amended— (A) by striking out the designation “A” under the column headed “Formula”; (B) by striking out the matter opposite such designation under each of the other columns in the table; and (C) by redesignating the designations “B”, “C”, and “D“D; under the column headed “Formula” as “A”, “B”, and “C;C”, respectively.Defense Officer Personnel Management Act
Pub. L. 96–513 § 502(22) · 94 Stat. 2835
Substituted · 10 U.S.C. § 7361
Pub. L. 96–513, § 502(22), in footnote numbered 1 to the table substituted “3962(b)” for “3962(c)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–513, § 502(22), in footnote numbered 1 to the table substituted “3962(b)” for “3962(c)”.Enacted provision · exact public law section
(22) Footnote numbered 1 to the table contained in section 3991 is amended by striking out “3962(c)” and inserting in lieu thereof “3962(b)”.Department of Defense Authorization Act, 1984
Pub. L. 98–94 § 922(a)(7) · 97 Stat. 614
Inserted · 10 U.S.C. § 7361
Pub. L. 98–94, § 922(a)(7), inserted “The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”
Source evidence
Code amendment note
Pub. L. 98–94, § 922(a)(7), inserted “The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”Department of Defense Authorization Act, 1984
Pub. L. 98–94 § 923(a)(1) · 97 Stat. 614
Substituted · 10 U.S.C. § 7361
Pub. L. 98–94, § 923(a)(1), (2)(F), in footnote 4 to table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–94, § 923(a)(1), (2)(F), in footnote 4 to table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.Pub. L. 99–348 title II § 202(a) · 100 Stat. 682
Amended · 10 U.S.C. § 7361
Pub. L. 99–348 amended section generally by completely revising the formula for computation of retired pay to provide that the retired pay base as computed under section 1406(c) or 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 3911, 3918, 3920, and 3924 and for the years of service credited under section 3925 for sections 3914 and 3917, eliminated monthly basic pay of a member’s retired grade or to which a member was entitled on the day before he retired multiplied by 2½ percent of the years of service credited, subject to footnotes 1 to 4, as the basis for computing retired pay, incorporated provisions of column 3 and footnote 5 into subsec. (a)(2)
Struck · 10 U.S.C. § 7361
Pub. L. 99–348 struck out column 4, which provided that the excess over 75% of pay upon which the computation is based be subtracted
Struck · 10 U.S.C. § 7361
Pub. L. 99–348 struck out footnotes 1 to 4
Added · 10 U.S.C. § 7361
Pub. L. 99–348 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 99–348 amended section generally by completely revising the formula for computation of retired pay to provide that the retired pay base as computed under section 1406(c) or 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 3911, 3918, 3920, and 3924 and for the years of service credited under section 3925 for sections 3914 and 3917, eliminated monthly basic pay of a member’s retired grade or to which a member was entitled on the day before he retired multiplied by 2½ percent of the years of service credited, subject to footnotes 1 to 4, as the basis for computing retired pay, incorporated provisions of column 3 and footnote 5 into subsec. (a)(2), struck out column 4, which provided that the excess over 75% of pay upon which the computation is based be subtracted, struck out footnotes 1 to 4, and added subsec. (b).Enacted provision · exact public law section
(a) Initial Computation of Retired Pay.— The text of section 3991 (relating to computation of retired pay) is amended to read as follows: “(a) Computation.— “(1) In general.— The monthly retired pay of a member entitled to such pay under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed ‘For sections’, retired pay is computed by taking the steps prescribed opposite it in columns 1 and 2. “Formula For Column 1 Column 2 Sections Take Multiply by A 3911 Retired pay base as computed under section 1406(c) or 1407 The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 1405. 3918 3920 3924 B 3914 Retired pay base as computed under section 1406(c) or 1407. The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 3925. 3917 “(2) Additional 10 percent for certain enlisted members credited with extraordinary heroism.— If a member who is retired under section 3914 of this title has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes. “(b) General Rules.— “(1) Use of most favorable formula.— If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable Ante, p. 691. formula that is most favorable to him. “(2) Rounding to next lower dollar.— The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1. “(3) References.— Section references in the table in subsection (a) are to sections of this title.”.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 635(a)(2)(A) · 108 Stat. 2663
Amended · 10 U.S.C. § 7361(a)(1)
Pub. L. 103–337, § 635(a)(2)(A), amended par. (1) generally. Prior to amendment, par. (1) contained table which provided two formulas for computing retired pay for cases covered under sections 3911, 3914, 3917, 3918, 3920, and 3924 of this title
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–337, § 635(a)(2)(A), amended par. (1) generally. Prior to amendment, par. (1) contained table which provided two formulas for computing retired pay for cases covered under sections 3911, 3914, 3917, 3918, 3920, and 3924 of this title.Enacted provision · exact public law section
(A) Paragraph (1) of subsection (a) of section 3991 of such title is amended to read as follows: “(1) Formula.— The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying— “(A) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by “(B) the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.”.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 635(a)(2)(B)(i) · 108 Stat. 2663
Struck · 10 U.S.C. § 7361(b)(1)
Pub. L. 103–337, § 635(a)(2)(B)(i), struck out “of the table” after “than one formula”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–337, § 635(a)(2)(B)(i), struck out “of the table” after “than one formula”.Enacted provision · exact public law section
(i) in paragraph (1), by striking out “of the table”; andNational Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 635(a)(2)(B)(ii) · 108 Stat. 2663
Struck · 10 U.S.C. § 7361(b)(3)
Pub. L. 103–337, § 635(a)(2)(B)(ii), struck out heading and text of par. (3). Text read as follows: “Section references in the table in subsection (a) are to sections of this title.”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 103–337, § 635(a)(2)(B)(ii), struck out heading and text of par. (3). Text read as follows: “Section references in the table in subsection (a) are to sections of this title.”Enacted provision · exact public law section
(ii) by striking out paragraph (3).National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 div. A title V § 532(d)(1) · 110 Stat. 2422
Added · 10 U.S.C. § 7361(c)
Pub. L. 104–201 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–201 added subsec. (c).Enacted provision · exact public law section
(1) Section 3991 of such title is amended by adding at the end the following new subsection: In the case of a Reserve enlisted member retired under section 3914 of this title whose retired grade is determined under section 3963 of this title and who first became a member of a uniformed service before September 8, 1980, the retired pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the member’s retired grade (determined based upon the rates of basic pay applicable on the date of the member’s retirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under section 1406(c) of this title.”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 808(b)(14) · 132 Stat. 1636
Changed · 10 U.S.C. § 7361
Pub. L. 115–232, § 808(b)(14), renumbered section 3991 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 808(b)(14), renumbered section 3991 of this title as this section.Enacted provision · exact public law section
(14) Chapter 371.— Sections 3991 and 3992 are redesignated as sections 7361 and 7362, respectively.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 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 7361(a)(2)
Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914”.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 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 7361(c)
Pub. L. 115–232, § 809(a), substituted “Section 7343” for “Section 3963” in text
Substituted · 10 U.S.C. § 7361(c)
Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914” in text
Substituted · 10 U.S.C. § 7361(c)
Pub. L. 115–232, § 809(a), substituted “section 7343” for “section 3963” in text
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–232, § 809(a), substituted “Section 7343” for “Section 3963” in heading and “section 7314” for “section 3914” and “section 7343” for “section 3963” in text.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.Pub. L. 118–159 div. A title VI § 604(2) · 138 Stat. 1931
Inserted · 10 U.S.C. § 7361(a)(2)
Pub. L. 118–159 inserted “(except in the case of a member who served during the Vietnam Era, as that term is defined in section 12731 of this title)” after “based”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 118–159 inserted “(except in the case of a member who served during the Vietnam Era, as that term is defined in section 12731 of this title)” after “based”.Pub. L. 119–60 div. A title XVII § 1701(a)(35) · 139 Stat. 1209
Substituted · 10 U.S.C. § 7361(a)(2)
Pub. L. 119–60 substituted “Vietnam era” for “Vietnam Era”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 119–60 substituted “Vietnam era” for “Vietnam Era”.
28 of 33 references resolved to an enrolled provision · 3 partial · 2 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 3991 Introductory paragraph | 10:156c (7th and 8th words).10:166g(b) (7th word).10:316b(b) (7th and 8th words). | R.S. 1274.Mar. 2, 1907, ch. 2515, § 1 (less 1st 35 words, and less proviso), 34 Stat. 1217. |
| 3991(A) 3991(B) | 10:941a(a)(3) (proviso, less applicability to retired grade).10:941a(e) (1st proviso of clause (1), less applicability to retired grade).10:166g(a) (less 1st 49 words; less 1st proviso; and less 1st 84 words of last proviso).10:941a(a)(3) (less 31st through 42d words, and less proviso).10:941a(e) (clause (1), less 1st 25, and 59th through 113th, words; and less 1st proviso). | June 3, 1916, ch. 134, § 4c (24 words before proviso); added June 4, 1920, ch. 227, § 4 (last 18 words of 4th sentence of 7th par.); May 12, 1939, ch. 127 (75th through 91st words); Oct. 14, 1940, ch. 858, § 1 (last 26 words); restated June 29, 1945, ch. 197 (21 words before proviso); restated Aug. 7, 1947, ch. 512, § 513(c) (24 words before proviso), 61 Stat. 902. |
| 3991(C) 3991(D) 3991(E)3991 Footnote 1 | 10:971.10:971b (less 1st 100 words, and less 1st and 3d provisos).10:948 (less 1st sentence, and less 1st and last provisos of last sentence).10:980.10:506b(d) (1st proviso).10:1079a(b) (proviso). | July 31, 1935, ch. 422, § 5 (less 1st 101 words, and less 3d proviso); restated June 13, 1940, ch. 344, § 3 (less 1st 45 words, and less 2d proviso), 54 Stat. 380; Aug. 7, 1947, ch. 512, §§ 514(g), 521(a), 61 Stat. 906, 912; June 29, 1948, ch. 708, § 202 (less 1st 105 words), 62 Stat. 1084. |
| 3991 Footnote 2 | 10:156c (less 1st 43, and last 13, words).10:166g(b) (less 1st 76 words, less 20 words before proviso, and less proviso).10:316b(b) (less 1st 54, and last 13, words).10:1002 (34 words before proviso, and proviso).10:1003 (last 40 words).10:1026 (24 words before proviso). | Oct. 6, 1945, ch. 393, § 4 (less 1st sentence); restated Aug. 10, 1946, ch. 952, § 6(a) (less 1st sentence), 60 Stat. 996.Aug. 10, 1946, ch. 952, § 6(c), 60 Stat. 996.Apr. 16, 1947, ch. 38, § 108(a) (less 1st 49 words, and less 1st 84 words of last proviso), 61 Stat. 44. |
| 3991 Footnote 33991 Footnote 4 3991 Footnote 5 | [No source]. 10:166g(a) (1st proviso).10:941a(e) (94th through 113th words of clause (1).10:948 (last proviso of last sentence).10:971b (1st proviso).37:272(d) (1st proviso).10:948 (1st proviso of last sentence). | Apr. 16, 1947, ch. 38, § 108(b) (less 1st 5, and 8th through 76th, words; less 20 words before proviso; and less proviso); restated May 16, 1950, ch. 186, § 3(d)(b) (less 1st 5, and 8th through 76th, words; less 20 words before proviso; and less proviso), 64 Stat. 161. |
| Aug. 4, 1947, ch. 459, § 102(c) (less 1st 6, 9th through 43d, and last 13, words), 61 Stat. 735. | ||
| Aug. 7, 1947, ch. 512, §§ 504(d) (1st proviso), 514(a)(3) (less 31st through 42d words; and less proviso, less applicability to retired grade), 514(e) (clause (1), less 1st 25, and 59th through 93d, words; and less 1st proviso, as applicable to retired grade), 520(b) (proviso), 61 Stat. 888, 902, 905, 912. | ||
| June 12, 1948, ch. 449, § 103(b) (less 1st 6, 9th through 54th, and last 13, words), 62 Stat. 357. | ||
| June 29, 1948, ch. 708, §§ 203(a) (34 words before proviso, and proviso), 203(d) (last 40 words), 62 Stat. 1085. | ||
In the introductory paragraph, the applicability of the rule stated in the third sentence to situations not expressly covered by the laws named in the source statutes above is a practical construction that the rule must be reciprocally applied in all cases.
In formula B, the words “basic pay” are substituted for the words “base and longevity pay” to conform to the terminology of the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words “his retired grade” are substituted for the words “permanent grade held at time of retirement” to reflect the right to higher retired grade when qualified under other provisions of law. 10:941a(e) (last proviso of clause (1)) is omitted, since, under section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the active duty pay of all members of the Army is based upon years of service.
In formula C, the computation is based on monthly pay instead of annual pay to conform to the other formulas of the revised section. The words “basic pay” are substituted for the words “active duty base and longevity pay”, and the words “in determining his basic pay” are substituted for the words “for longevity pay purposes”, to conform to the terminology of the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words “Monthly basic pay of member’s retired grade” are substituted for the words “the rank upon which they are retired”, in 10:971, and “rank with which retired”, in 10:971b, to reflect their right to advancement on the retired list. 10:971 now applies only when the retiring officer has 30 or more years of service which may be credited in computing his retired pay. 10:971b (2d proviso) is omitted, since, under section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the pay of all members is based upon cumulative years of service. 10:971b (4th proviso) is omitted as executed. 10:971b (last proviso) is omitted, since the distinction between limited and unlimited retired lists was abolished by section 201 of the act of June 29, 1948, ch. 708, 62 Stat. 1084. Sections 3918, 3920, and 3924 are included under this formula, since it achieves the same result as is reached on a basis of 30 years multiplied by 2½ percent, and simplifies the table.
In formulas D and E, the words “credited under section 3925” are substituted for the words “active Federal service”, since that revised section makes explicit the service covered. The act of August 10, 1946, ch. 952, § 6(c), 60 Stat. 996, is not contained in 10:948. It is also omitted from the revised section as executed. 10:980 now applies only when the retiring enlisted member has at least 30 years of service which may be credited in computing his retired pay. However, as noted above, 10:980 is the only provision of law applicable to cases in which the retiring member has at least 30 years of service. The act of June 16, 1942, ch. 413, § 19 (63d through 75th words of 2d par.), 56 Stat. 369, repealed so much of the act of March 2, 1907, ch. 2513, 34 Stat. 1217, as provided allowances for enlisted men on the retired list. The repeal of section 19 of the act of June 16, 1942, by section 531(b)(34) of the Career Compensation Act of 1949, 63 Stat. 839, did not revive that portion of the act of , which had been repealed by the act of . Accordingly, the act of , as thus modified by the act of , is used as the basis for formula E.
Footnote 2 reflects the long-standing construction of those provisions dealing with computation of retired pay which do not specifically provide that the member is entitled to compute his retired pay on the basis of the monthly basic pay to which he would be entitled if he were on active duty in his retired grade. Except in cases covered by formula C the pertinent basic computation provisions for such retirement either provide for computation of retired pay on the same basis as the provisions dealing with higher retired grade, or the basic retirement provisions were themselves enacted after the provisions authorizing higher retired grade. The provisos of 10:1002 and 1005 are omitted as surplusage, since no formula for the computation of retired pay includes inactive service on the retired list as a credit.
The words “at rates applicable on date of retirement and adjust to reflect later changes in permanent rates”, in footnote 2; and all of footnote 4; are based on the source statutes incorporated in the formulas to which footnotes 2 and 4 apply.
In footnote 4, the words “and disregard a part of a year that is less than six months” are made applicable to formulas A—E although this part of the rule is expressed only as to formula B, in 10:941a(e)(1). The legislative history of the Career Compensation Act of 1949 (Hearings before the Committee on Armed Services of the Senate on H.R. 5007, 81st Congress, first session, p. 313, ) indicates that the provisions, upon which formulas A and C—E are based, should be construed to require that a part of a year that is less than six months be disregarded.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 3991 | [No source]. | [No source]. |
The amendment reflects section 1(99) of the bill [amending section 3962 of Title 10].
Editorial Notes
Prior Provisions
A prior section 7361 was renumbered section 8701 of this title.
Another prior section 7361, acts Aug. 10, 1956, ch. 1041, 70A Stat. 455; , Pub. L. 97–31, § 12(3)(D), 95 Stat. 154, authorized Secretary of the Navy to provide for necessary salvage facilities for public and private vessels, prior to the general amendment of this chapter by Pub. L. 104–106.
Amendments1957–2025 · 12 rounds
2025
Subsec. (a)(2). Pub. L. 119–60 substituted “Vietnam era” for “Vietnam Era”.
2024
Subsec. (a)(2). Pub. L. 118–159 inserted “(except in the case of a member who served during the Vietnam Era, as that term is defined in section 12731 of this title)” after “based”.
2018
Pub. L. 115–232, § 808(b)(14), renumbered section 3991 of this title as this section.
Subsec. (a)(2). Pub. L. 115–232, § 809(a), substituted “section 7314” for “section 3914”.
Subsec. (c). Pub. L. 115–232, § 809(a), substituted “Section 7343” for “Section 3963” in heading and “section 7314” for “section 3914” and “section 7343” for “section 3963” in text.
1996
Subsec. (c). Pub. L. 104–201 added subsec. (c).
1994
Subsec. (a)(1). Pub. L. 103–337, § 635(a)(2)(A), amended par. (1) generally. Prior to amendment, par. (1) contained table which provided two formulas for computing retired pay for cases covered under sections 3911, 3914, 3917, 3918, 3920, and 3924 of this title.
Subsec. (b)(1). Pub. L. 103–337, § 635(a)(2)(B)(i), struck out “of the table” after “than one formula”.
Subsec. (b)(3). Pub. L. 103–337, § 635(a)(2)(B)(ii), struck out heading and text of par. (3). Text read as follows: “Section references in the table in subsection (a) are to sections of this title.”
1986
Pub. L. 99–348 amended section generally by completely revising the formula for computation of retired pay to provide that the retired pay base as computed under section 1406(c) or 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 3911, 3918, 3920, and 3924 and for the years of service credited under section 3925 for sections 3914 and 3917, eliminated monthly basic pay of a member’s retired grade or to which a member was entitled on the day before he retired multiplied by 2½ percent of the years of service credited, subject to footnotes 1 to 4, as the basis for computing retired pay, incorporated provisions of column 3 and footnote 5 into subsec. (a)(2), struck out column 4, which provided that the excess over 75% of pay upon which the computation is based be subtracted, struck out footnotes 1 to 4, and added subsec. (b).
1983
Pub. L. 98–94, § 922(a)(7), inserted “The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”
Pub. L. 98–94, § 923(a)(1), (2)(F), in footnote 4 to table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.
1980
Pub. L. 96–513, § 512(10), in heading for column 1 of the table substituted “after ” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981”.
Pub. L. 96–342 in heading for column 1 of the table inserted provisions respecting applicability to persons becoming members after the date of the enactment of the Department of Defense Authorization Act, 1981.
Pub. L. 96–513, § 502(21), in table struck out Formula A and redesignated Formulas B, C, and D as A, B, and C, respectively.
Pub. L. 96–513, § 502(22), in footnote numbered 1 to the table substituted “3962(b)” for “3962(c)”.
1967
Pub. L. 90–207 inserted “, or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater” after “retirement” in footnote 3 of the table.
1963
Pub. L. 88–132 substituted in column 1 of Formula A in table “Monthly basic pay of member’s retired grade” for “Monthly basic pay to which member would be entitled if he were on active duty in his retired grade” and eliminated from footnote 2 to such table “and adjust to reflect later changes in applicable permanent rates. However, if member’s retired grade is determined under section 3963(a) or 3963(b), or if member has served 4 years as Chief of the Medical Service Corps, use pay to which member would be entitled if he were on active duty in his retired grade” after “date of retirement.”
1958
Pub. L. 85–861 substituted “section 3962(c)” for “section 3962(d)” in footnote 1, and “3963(a)” for “3962(c), 3963(a)” in footnote 2.
Formula B. Pub. L. 85–422, § 11(a)(5), substituted “credited to him under section 1405 of this title” for “credited to him in determining basic pay” in Column 2.
Formula C. Pub. L. 85–422, § 6(8), substituted “Monthly basic pay to which member was entitled on day before he retired” for “Monthly basic pay to which member was entitled on date when he applied for retirement” in Column 1.
Formula D. Pub. L. 85–422, § 6(8), substituted “monthly basic pay to which member was entitled on day before he retired” for “Monthly basic pay of member’s retired grade” in Column 1.
Footnote 1. Pub. L. 85–422, § 6(1), struck out provisions which related to inapplicability of section 3962(a), and inserted provisions permitting computation at the highest rates of basic pay applicable to an officer who has served as Chief of Staff while he served in that office.
1957
Pub. L. 85–155 redesignated formulas “B” to “E” of the table as formulas “A” to “D”. Former formula “A”, which related to computation of retirement pay for persons retired under former sections 3881, 3882, and 3912 of this title, was repealed by Pub. L. 85–155.
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 1994 Amendment
Amendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after , to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after , and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after , see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.
Effective Date of 1983 Amendment
Amendment by section 922 of Pub. L. 98–94 effective , see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title.
Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after , see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.
Effective Date of 1980 Amendment
Amendment by section 502(21), (22) of Pub. L. 96–513 effective , and amendment by section 512(10) of Pub. L. 96–513 effective , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90–207 effective , see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1963 Amendment
Amendment by Pub. L. 88–132 effective , see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1958 Amendment
Pub. L. 85–422, § 6, , 72 Stat. 129, provided in part that: “The amendments made by clauses (1)–(3), (6), (7), (8), and (9) of this section [to Formulas 1 and 2 and footnote 4 of section 1401, Formulas C and D and footnote 1 of this section, sections 5083, 5201, and 6326, and Formulas C and D and footnote 1 of section 8991 of this title] do not apply to any person who is retired, or to whom retired pay (including temporary disability retired pay) is granted, before the effective date of this Act [].”
Amendment by Pub. L. 85–422 effective , see section 9 of Pub. L. 85–422, , 72 Stat. 130.
Credits
1956–2025 · 15 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 232, § 3991
- 1957Pub. L. 85–155, title I, § 101(23), , 71 Stat. 380
- 1958Pub. L. 85–422, §§ 6(1), (8), 11(a)(5), , 72 Stat. 129, 131
- 1958Pub. L. 85–861, § 1(101A), , 72 Stat. 1489
- 1963Pub. L. 88–132, § 5(h)(2), , 77 Stat. 214
- 1967Pub. L. 90–207, § 3(2), , 81 Stat. 653
- 1980Pub. L. 96–342, title VIII, § 813(c), , 94 Stat. 1104
- 1980Pub. L. 96–513, title V, §§ 502(21), (22), 512(10), , 94 Stat. 2910, 2929
- 1983Pub. L. 98–94, title IX, §§ 922(a)(7), 923(a)(1), (2)(F), , 97 Stat. 641, 642
- 1986Pub. L. 99–348, title II, § 202(a), , 100 Stat. 694
- 1994Pub. L. 103–337, div. A, title VI, § 635(a)(2), , 108 Stat. 2788
- 1996Pub. L. 104–201, div. A, title V, § 532(d)(1), , 110 Stat. 2520
- 2018renumbered § 7361 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(14), 809(a), , 132 Stat. 1839, 1840
- 2024Pub. L. 118–159, div. A, title VI, § 604(2), , 138 Stat. 1931
- 2025Pub. L. 119–60, div. A, title XVII, § 1701(a)(35), , 139 Stat. 1209.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 232, § 3991; Pub. L. 85–155, title I, § 101(23), , 71 Stat. 380; Pub. L. 85–422, §§ 6(1), (8), 11(a)(5), , 72 Stat. 129, 131; Pub. L. 85–861, § 1(101A), , 72 Stat. 1489; Pub. L. 88–132, § 5(h)(2), , 77 Stat. 214; Pub. L. 90–207, § 3(2), , 81 Stat. 653; Pub. L. 96–342, title VIII, § 813(c), , 94 Stat. 1104; Pub. L. 96–513, title V, §§ 502(21), (22), 512(10), , 94 Stat. 2910, 2929; Pub. L. 98–94, title IX, §§ 922(a)(7), 923(a)(1), (2)(F), , 97 Stat. 641, 642; Pub. L. 99–348, title II, § 202(a), , 100 Stat. 694; Pub. L. 103–337, div. A, title VI, § 635(a)(2), , 108 Stat. 2788; Pub. L. 104–201, div. A, title V, § 532(d)(1), , 110 Stat. 2520; renumbered § 7361 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(14), 809(a), , 132 Stat. 1839, 1840; Pub. L. 118–159, div. A, title VI, § 604(2), , 138 Stat. 1931; Pub. L. 119–60, div. A, title XVII, § 1701(a)(35), , 139 Stat. 1209.)