§ 8262. Higher retired grade and pay for members who serve satisfactorily under temporary appointments

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. 385, § 6151 · 70A Stat. 385

   Enacted · 10 U.S.C. § 8262

   Aug. 10, 1956, ch. 1041, 70A Stat. 385, § 6151

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 385, § 6151

2. 1958

   Pub. L. 85–422 § 11(a)(6)(A) · 72 Stat. 122

   Substituted · 10 U.S.C. § 8262(b)

   Pub. L. 85–422 substituted “that may be credited to him under section 1405 of this title” for “creditable for basic pay”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–422 substituted “that may be credited to him under section 1405 of this title” for “creditable for basic pay”.

   Enacted provision · exact public law section
   (A) 6151 (b).

3. 1958

   Pub. L. 85–861 § 1(139)(A) · 72 Stat. 1437

   Substituted · 10 U.S.C. § 8262

   Pub. L. 85–861, § 1(139)(A), substituted “who serve satisfactorily under temporary appointments” for “temporarily appointed or promoted during World War II” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 85–861, § 1(139)(A), substituted “who serve satisfactorily under temporary appointments” for “temporarily appointed or promoted during World War II” in section catchline.

   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.”

4. 1958

   Pub. L. 85–861 § 1(138) · 72 Stat. 1437

   Struck · 10 U.S.C. § 8262(a)

   Pub. L. 85–861, § 1(138), struck out provisions which restricted application of section to members of the Navy or the Marine Corps who were appointed or promoted under the act of July 24, 1941, ch. 320, 55 Stat. 603

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–861, § 1(138), struck out provisions which restricted application of section to members of the Navy or the Marine Corps who were appointed or promoted under the act of July 24, 1941, ch. 320, 55 Stat. 603.

   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.”

5. 1963

   Uniformed Services Pay Act of 1963

   Pub. L. 88–132 § 5(h)(4) · 77 Stat. 194

   Substituted · 10 U.S.C. § 8262(b)

   Pub. L. 88–132 substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 88–132 substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay.”

   Enacted provision · exact public law section
   (4) Sections 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6326 (c)(2), 6381(a)(2), 6383(c)(2), 6390(b)(2), and 6394(h) are each amended by striking out the words “to which he would be entitled if serving on active duty in” and inserting in place there of the word “of”.

6. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title VIII § 813(d)(13) · 94 Stat. 1077

   1. Amended · 10 U.S.C. § 8262(b)

      Pub. L. 96–342 amended subsec. (b) generally

   2. Amended · 10 U.S.C. § 8262(b)

      Pub. L. 96–342 designating existing provisions as pars. (1) and (2) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated

   3. Inserted · 10 U.S.C. § 8262(b)

      Pub. L. 96–342 inserted provision limiting applicability to members who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981

   4. Added · 10 U.S.C. § 8262(b)

      Pub. L. 96–342 added subpar. (B)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–342 amended subsec. (b) generally, designating existing provisions as pars. (1) and (2) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision limiting applicability to members who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B).

   Enacted provision · exact public law section
   (13) Subsections (b) and (c) of section 6151 of such title are amended to read as follows: “(b) (1) Each member, other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve, who is advanced on the retired list under this section is, unless otherwise entitled to higher retired pay, entitled to retired pay— “(A) in the case of a member who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2½ percent of the basic pay of the grade to which advanced; or “(B) in the case of a member who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2Vi percent of the monthly retired pay base computed under section 1407(d) of this title; Ante, p. 1100. multiplied by the number of years of service that may be credited to him under section 1405 of this title, but the retired pay may not be 10 USC 1405. more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay is based. “(2) In determining the number of years to be used as a multiplier under this subsection, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. “(c) (1) Each former member of the Fleet Reserve or the Fleet Former Fleet Reserve or Fleet Marine Corps Reserve members. Ante, p. 1077. Marine Corps Reserve who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, who is advanced on the retired list under this section is entitled to retired pay based upon the grade to which advanced. Such retired pay shall be at the rate of 2V4 percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay is based, multiplied by the number of years of service creditable for his retainer pay at the time of retirement, but the retired pay may not be more than 75 percent of the basic pay upon which the computation of retired pay is based. “(2) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, who is advanced on the retired list under this section is entitled to retired pay at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d) of this title, multiplied by the number of years of service creditable for his retainer pay at the time of retirement, but the retired pay may not be more than 75 percent of the monthly retired pay base upon which the computation of retired pay is based.”.

7. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title VIII § 813(d)(13) · 94 Stat. 1077

   1. Amended · 10 U.S.C. § 8262(c)

      Pub. L. 96–342 designated existing provisions as par. (1)

   2. Inserted · 10 U.S.C. § 8262(c)

      Pub. L. 96–342 inserted provision limiting applicability to members who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981

   3. Added · 10 U.S.C. § 8262(c)

      Pub. L. 96–342 added par. (2)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to members who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2).

   Enacted provision · exact public law section
   (13) Subsections (b) and (c) of section 6151 of such title are amended to read as follows: “(b) (1) Each member, other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve, who is advanced on the retired list under this section is, unless otherwise entitled to higher retired pay, entitled to retired pay— “(A) in the case of a member who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2½ percent of the basic pay of the grade to which advanced; or “(B) in the case of a member who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2Vi percent of the monthly retired pay base computed under section 1407(d) of this title; Ante, p. 1100. multiplied by the number of years of service that may be credited to him under section 1405 of this title, but the retired pay may not be 10 USC 1405. more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay is based. “(2) In determining the number of years to be used as a multiplier under this subsection, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. “(c) (1) Each former member of the Fleet Reserve or the Fleet Former Fleet Reserve or Fleet Marine Corps Reserve members. Ante, p. 1077. Marine Corps Reserve who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, who is advanced on the retired list under this section is entitled to retired pay based upon the grade to which advanced. Such retired pay shall be at the rate of 2V4 percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay is based, multiplied by the number of years of service creditable for his retainer pay at the time of retirement, but the retired pay may not be more than 75 percent of the basic pay upon which the computation of retired pay is based. “(2) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, who is advanced on the retired list under this section is entitled to retired pay at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d) of this title, multiplied by the number of years of service creditable for his retainer pay at the time of retirement, but the retired pay may not be more than 75 percent of the monthly retired pay base upon which the computation of retired pay is based.”.

8. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 503(45) · 94 Stat. 2835

   Inserted · 10 U.S.C. § 8262(a)

   Pub. L. 96–513, § 503(45), inserted “and subject to sections 688 and 1370 of this title” after “retired grade”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513, § 503(45), inserted “and subject to sections 688 and 1370 of this title” after “retired grade”.

   Enacted provision · exact public law section
   (45) Section 6151(a) is amended by inserting “and subject to sections 688 and 1370 of this title” after “retired grade”.

9. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 513(17) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 8262(b)

   Pub. L. 96–513, § 513(17), substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–513, § 513(17), substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

   Enacted provision · exact public law section
   (17) The following sections are each amended by striking out “the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981” each place it appears and inserting in lieu thereof “September 8, 1980”: sections 6151(b), 6151(c), 6322(c), 6323(e), 6325(a)(2), 6325(b)(2), 6326(c)(2), 6330(0, and 6383(c)(2).

10. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(17) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8262(c)

    Pub. L. 96–513, § 513(17), substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–513, § 513(17), substituted “September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

    Enacted provision · exact public law section
    (17) The following sections are each amended by striking out “the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981” each place it appears and inserting in lieu thereof “September 8, 1980”: sections 6151(b), 6151(c), 6322(c), 6323(e), 6325(a)(2), 6325(b)(2), 6326(c)(2), 6330(0, and 6383(c)(2).

11. 1983

    Department of Defense Authorization Act, 1984

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

    Substituted · 10 U.S.C. § 8262(b)(2)

    Pub. L. 98–94, § 923(c)(1), substituted “each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 98–94, § 923(c)(1), substituted “each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”.

12. 1983

    Department of Defense Authorization Act, 1984

    Pub. L. 98–94 § 922(a)(9) · 97 Stat. 614

    Added · 10 U.S.C. § 8262(e)

    Pub. L. 98–94, § 922(a)(9), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 98–94, § 922(a)(9), added subsec. (e).

13. 1986

    Pub. L. 99–348 title II § 203(c) · 100 Stat. 682

    1. Amended · 10 U.S.C. § 8262(b)

       Pub. L. 99–348 amended subsec. (b) generally

    2. Substituted · 10 U.S.C. § 8262(b)

       Pub. L. 99–348 substituting provision that retired pay be determined in accordance with the table for provision that retired pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 2½ percent of the basic pay of the grade to which advanced or, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at a rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based and, in determining the number of years to be used as a multiplier, each additional full month of service was to be counted as one-twelfth of a year and any remaining fractional part of a month was to be disregarded

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–348 amended subsec. (b) generally, substituting provision that retired pay be determined in accordance with the table for provision that retired pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 2½ percent of the basic pay of the grade to which advanced or, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at a rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based and, in determining the number of years to be used as a multiplier, each additional full month of service was to be counted as one-twelfth of a year and any remaining fractional part of a month was to be disregarded.

    Enacted provision · exact public law section
    (c) Members Advanced on Retired List.— Section 6151 (relating to higher retired grade and pay for members who serve satisfactorily under temporary appointments) is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: “(b) Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. “Column 1 Column 2 Take Multiply by Retired pay base computed under section 1406(d) or 1407. Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.     “(c) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is advanced on the retired list under this section is entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. “Column 1 Column 2 Take Multiply by Retired pay base computed under section 1406(d) or 1407. Retired pay multiplier prescribed under section 1409 for the number of years of service creditable for his retainer pay at the time of retirement.”.

14. 1986

    Pub. L. 99–348 title II § 203(c) · 100 Stat. 682

    1. Amended · 10 U.S.C. § 8262(c)

       Pub. L. 99–348 amended subsec. (c) generally

    2. Substituted · 10 U.S.C. § 8262(c)

       Pub. L. 99–348 substituting provision that retired pay of a former member be determined in accordance with the table for provision that retired pay, in the case of a former member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 2½ percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay was based, multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the basic pay upon the computation of retired pay was based, or in the case of a former member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, that retired pay be at a rate of 2½ percent of the monthly retired pay base computed under section 1407(d), multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the monthly retired pay base upon which the computation of retired pay was based

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–348 amended subsec. (c) generally, substituting provision that retired pay of a former member be determined in accordance with the table for provision that retired pay, in the case of a former member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 2½ percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay was based, multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the basic pay upon the computation of retired pay was based, or in the case of a former member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, that retired pay be at a rate of 2½ percent of the monthly retired pay base computed under section 1407(d), multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the monthly retired pay base upon which the computation of retired pay was based.

    Enacted provision · exact public law section
    (c) Members Advanced on Retired List.— Section 6151 (relating to higher retired grade and pay for members who serve satisfactorily under temporary appointments) is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: “(b) Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. “Column 1 Column 2 Take Multiply by Retired pay base computed under section 1406(d) or 1407. Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.     “(c) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is advanced on the retired list under this section is entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. “Column 1 Column 2 Take Multiply by Retired pay base computed under section 1406(d) or 1407. Retired pay multiplier prescribed under section 1409 for the number of years of service creditable for his retainer pay at the time of retirement.”.

15. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 521(d) · 110 Stat. 2422

    Substituted · 10 U.S.C. § 8262(a)

    Pub. L. 104–201 substituted “sections 689” for “sections 688”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–201 substituted “sections 689” for “sections 688”.

    Enacted provision · exact public law section
    (d) Cross Reference Amendment.— Section 6151(a) of title 10, United States Code, is amended by striking out “688” and inserting in lieu thereof “689”.

16. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(b)(10) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8262

    Pub. L. 115–232 renumbered section 6151 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6151 of this title as this section.

    Enacted provision · exact public law section
    (10) Chapter 561.— The sections in chapter 561 are redesignated as follows: SectionRedesignated Section 61418261 61518262 61528263 61538264 61548265 61558266 61568267 61608270 61618271

    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.

17. 2021

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

    Pub. L. 116–283 div. A title V § 508(b)(3)(A) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 8262(a)

    Pub. L. 116–283 substituted “section 689, and section 1370 or 1370a (as applicable),” for “sections 689 and 1370”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283 substituted “section 689, and section 1370 or 1370a (as applicable),” for “sections 689 and 1370”.

    Enacted provision · exact public law section
    (A) In section 8262(a), by striking “sections 689 and 1370” and inserting “section 689, and section 1370 or 1370a (as applicable),”.

21 of 24 references resolved to an enrolled provision · 3 partial