§ 7362. Recomputation of retired pay to reflect advancement on retired list

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 233, § 3992 · 70A Stat. 233

   Enacted · 10 U.S.C. § 7362

   Aug. 10, 1956, ch. 1041, 70A Stat. 233, § 3992

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 233, § 3992

2. 1980

   Department of Defense Authorization Act, 1981

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

   Inserted · 10 U.S.C. § 7362

   Pub. L. 96–342 in heading for column 1 of 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 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”

3. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 512(10) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 7362

   Pub. L. 96–513 in heading for column 1 of 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 in heading for column 1 of 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”.

4. 1982

   Pub. L. 97–295 § 1(40) · 96 Stat. 1287

   Added · 10 U.S.C. § 7362

   Pub. L. 97–295 added formula B, applicable to warrant officers

   Source evidence

   Code amendment note
   Pub. L. 97–295 added formula B, applicable to warrant officers.

   Enacted provision · exact public law section
   (40) Section 3992 is amended to read as follows: 10 USC 3992. “§ 3992. Recomputation of retired pay to reflect advancement on retired list “An enlisted member of the Army who is advanced on the retired list under section 3964 of this title is entitled to recompute his retired pay under formula A of the following table, and a warrant officer of the Army so advanced is entitled to recompute his retired pay under formula B of that table. Column 1 Column 2 Column 3 Column 4 Formula For a person who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) after September 7, 1980, take the monthly retired pay base as computed under section 1407(c). For all others, take Multiply by Add Subtract A Monthly basic pay or base and longevity pay, as the case may be,1 of grade to which member is advanced on retired list 2½% of years of service credited to him under section 3925 of this title.2 Excess over 75% of pay upon which computation is based. B Monthly basic pay or base and longevity pay, as the case may be,1 of grade to which member is advanced on retired list 2½% of years of service credited to him under section 1405 of this title.2 Excess over 75% of pay upon which computation is based. 1Compute at rate applicable on date of retirement. 2Before 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.”.

5. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 § 922(a)(8) · 97 Stat. 614

   Inserted · 10 U.S.C. § 7362

   Pub. L. 98–94, § 922(a)(8), inserted “The amount recomputed, 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)(8), inserted “The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

6. 1983

   Department of Defense Authorization Act, 1984

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

   Substituted · 10 U.S.C. § 7362

   Pub. L. 98–94, § 923(a)(1), (2)(G), in footnote 2 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–94, § 923(a)(1), (2)(G), in footnote 2 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.

7. 1986

   Pub. L. 99–348 title II § 202(b) · 100 Stat. 682

   1. Struck · 10 U.S.C. § 7362

      Pub. L. 99–348 revised table generally by striking out provision in column 1 that for a person who first became a member of a uniformed service, as defined in section 1407(a)(2), after Sept. 7, 1980, one multiplier is the monthly retired pay base as computed under section 1407(c)

   2. Substituted · 10 U.S.C. § 7362

      Pub. L. 99–348 revised table generally by substituting in formulas A and B provision that the retired pay base as computed under section 1406(c) or 1407 of this title be multiplied by the retired pay multiplier prescribed in section 1409 of this title for the number of years credited for provisions that the monthly basic pay or base and longevity pay, as the case may be, subject to footnote 1, of the grade to which the member is advanced on the retired list be multiplied by 2½% of years of service credited, subject to footnote 2, and have subtracted from it the excess over 75% of pay upon which the computation is based

   3. Struck · 10 U.S.C. § 7362

      Pub. L. 99–348 revised table generally by struck out footnote 1, which provided that the computation be at the rate applicable on the date of retirement

   4. Redesignated · 10 U.S.C. § 7362

      Pub. L. 99–348 revised table generally by redesignated footnote 2 as 1

   5. Substituted · 10 U.S.C. § 7362

      Pub. L. 99–348 revised table generally by substituted “In determining retired pay multiplier” for “Before applying percentage factor”

   6. Substituted · 10 U.S.C. § 7362

      Pub. L. 99–348 revised table generally by substituted “1/12” for “one-twelfth”

   Source evidence

   Code amendment note
   Pub. L. 99–348 revised table generally by striking out provision in column 1 that for a person who first became a member of a uniformed service, as defined in section 1407(a)(2), after Sept. 7, 1980, one multiplier is the monthly retired pay base as computed under section 1407(c), substituting in formulas A and B provision that the retired pay base as computed under section 1406(c) or 1407 of this title be multiplied by the retired pay multiplier prescribed in section 1409 of this title for the number of years credited for provisions that the monthly basic pay or base and longevity pay, as the case may be, subject to footnote 1, of the grade to which the member is advanced on the retired list be multiplied by 2½% of years of service credited, subject to footnote 2, and have subtracted from it the excess over 75% of pay upon which the computation is based, struck out footnote 1, which provided that the computation be at the rate applicable on the date of retirement, and redesignated footnote 2 as 1 and substituted “In determining retired pay multiplier” for “Before applying percentage factor” and “1/12” for “one-twelfth”.

   Enacted provision · exact public law section
   (b) Recomputation for Enlisted Members and Warrant Officers Advanced on the Retired List.— The table in section 3992 (relating to recomputation of retired pay to reflect advancement on retired list) is amended to read as follows: “Formula Column 1 Column 2 Take Multiply by A Retired pay base as computed under section 1406(c) or 1407 of this title. The retired pay multiplier prescribed in section 1409 of this title for the number of years credited to him under section 3925 of this title.1 B Retired pay base as computed under section 1406(c) or 1407 of this title. The retired pay multiplier prescribed in section 1409 of this title for the number of years credited to him under section 1405 of this title.       1In determining retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as ⅟12 of a year and disregard any remaining fractional part of a month.”

8. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title VI § 635(a)(3) · 108 Stat. 2663

   Amended · 10 U.S.C. § 7362

   Pub. L. 103–337 amended section generally. Prior to amendment, section contained table with two formulas for recomputing retired pay of enlisted members and warrant officers of Army to reflect advancement on retired list

   Source evidence

   Code amendment note
   Pub. L. 103–337 amended section generally. Prior to amendment, section contained table with two formulas for recomputing retired pay of enlisted members and warrant officers of Army to reflect advancement on retired list.

   Enacted provision · exact public law section
   (3) The text of section 3992 of such title is amended to read as follows: “(a) Entitlement to Recomputation.— An enlisted member or warrant officer of the Army who is advanced on the retired list under section 3964 of this title is entitled to recompute his retired pay in accordance with this section. “(b) Formula.— The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying— “(1) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by “(2) 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. “(c) Rounding to Next Lower Dollar.— The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.”.

9. 2018

   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. § 7362

   Pub. L. 115–232, § 808(b)(14), renumbered section 3992 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232, § 808(b)(14), renumbered section 3992 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.

10. 2018

    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. § 7362(a)

    Pub. L. 115–232, § 809(a), substituted “section 7344” for “section 3964”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 7344” for “section 3964”.

    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.

12 of 15 references resolved to an enrolled provision · 3 partial