Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 10 — Armed Forces

Part II · Chapter 945 — Computation of Retired Pay

§ 9361. Computation of retired pay

Statutory text

(a)

Computation.—

(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(e) 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.

(2)

Additional 10 percent for certain enlisted members credited with extraordinary heroism.—

If a member who is retired under section 9314 of this title has been credited by the Secretary of the Air Force 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.

(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 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.

(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.

(c)

Special Rule for Retired Reserve Enlisted Members Covered by Section 9343.—

In the case of a Reserve enlisted member retired under section 9314 of this title whose retired grade is determined under section 9343 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(e) 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.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991 · 70A Stat. 556

    Enacted · 10 U.S.C. § 9361

    Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991

  2. Pub. L. 85–155 title III § 301(22) · 71 Stat. 375

    Redesignated · 10 U.S.C. § 9361

    Pub. L. 85–155 redesignated formulas “B” to “E” of table as formulas “A” to “D”. Former formula “A”, which related to computation of retirement pay for persons retired under former sections 8881, 8882, and 8912 of this title, was repealed by such Pub. L. 85–155

    Source evidence

    Code amendment note
    Pub. L. 85–155 redesignated formulas “B” to “E” of table as formulas “A” to “D”. Former formula “A”, which related to computation of retirement pay for persons retired under former sections 8881, 8882, and 8912 of this title, was repealed by such Pub. L. 85–155.

    Enacted provision · exact public law section
    (22) Section 8991 is amended— Retired pay. 70A Stat. 556. (A) by striking out formula “A” of the table therein; and (B) by redesignating formulas “B”, “C”, “D”, and “E” as “A”, “B”, “C”, and “D”, respectively.

  3. Pub. L. 85–422 § 11(a)(9) · 72 Stat. 122

    Substituted · 10 U.S.C. § 9361

    Pub. L. 85–422, § 11(a)(9), substituted “credited to him under section 1405 of this title” for “credited to him in determining basic pay” in column 2

    Source evidence

    Code amendment note
    Formula B. Pub. L. 85–422, § 11(a)(9), 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
    (9) Formula B of section 8991 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.

  4. Pub. L. 85–422 § 6(8) · 72 Stat. 122

    Substituted · 10 U.S.C. § 9361

    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.”

  5. Pub. L. 85–422 § 6(8) · 72 Stat. 122

    Substituted · 10 U.S.C. § 9361

    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.”

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

    Changed · 10 U.S.C. § 9361

    Pub. L. 85–422, § 6(6), permitted in case of an officer who has served as Chief of Staff, computation at highest rates of basic pay applicable to him 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(6), permitted in case of an officer who has served as Chief of Staff, computation at highest rates of basic pay applicable to him while he served in that office.

    Enacted provision · exact public law section
    (6) Footnote 1 of section 8991 is amended to read as follows: 70A Stat. 556. “11For the purposes of this section, determine member’s retired grade as if section 8962 (c) 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.”

  7. Pub. L. 85–861 § 1 · 72 Stat. 1437

    Struck · 10 U.S.C. § 9361

    Pub. L. 85–861 struck out reference to section 8962(b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Footnote 2. Pub. L. 85–861 struck out reference to section 8962(b).

    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.”

  8. Pub. L. 87–651 title I § 127 · 76 Stat. 506

    Substituted · 10 U.S.C. § 9361

    Pub. L. 87–651 substituted “section 8962(b)” for “section 8962(c)” in footnote 1

    Source evidence

    Code amendment note
    Pub. L. 87–651 substituted “section 8962(b)” for “section 8962(c)” in footnote 1.

    Enacted provision · exact public law section
    Sec. 127. The table in section 8991 of title 10, United States Code, is amended by striking out “8962(c)” in footnote 1 and inserting in place thereof “8962(b)”.

  9. Uniformed Services Pay Act of 1963

    Pub. L. 88–132 § 5(h)(2) · 77 Stat. 194

    Substituted · 10 U.S.C. § 9361

    Pub. L. 88–132 substituted in column 1 of Formula A in table “Monthly basic pay 2 of member’s retired grade 1” for “Monthly basic pay to which member would be entitled if he were on active duty in his retired grade 1” 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), 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 2 of member’s retired grade 1” for “Monthly basic pay to which member would be entitled if he were on active duty in his retired grade 1” 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), 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”

  10. Pub. L. 90–207 § 3(5) · 81 Stat. 649

    Inserted · 10 U.S.C. § 9361

    Pub. L. 90–207 inserted “, or if the member has served as chief master sergeant of the Air Force, 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 chief master sergeant of the Air Force, 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
    (5) Section 8991 is amended by amending footnote 3 of the table therein to read as follows: “Compute at rates applicable on date of retirement, or if the member has served as chief master sergeant of the Air Force, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater.”

  11. Department of Defense Authorization Act, 1981

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

    Inserted · 10 U.S.C. § 9361

    Pub. L. 96–342 in heading for column 1 of table inserted provisions respecting applicability to persons after date of enactment of 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 after date of enactment of Department of Defense Authorization Act, 1981.

    Enacted provision · exact public law section
    (e) The tables contained in sections 8991 and 8992 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 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, take the monthly retired pay base as computed under section 1407(e). For all others, take”.

  12. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 514(8) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 9361

    Pub. L. 96–513, § 514(8), 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, § 514(8), 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
    (8) The tables contained in sections 8991 and 8992 are each amended by striking out “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” in the heading for column 1 and inserting in lieu thereof “after September 7, 1980”.

  13. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 504(22) · 94 Stat. 2835

    1. Struck · 10 U.S.C. § 9361

      Pub. L. 96–513, § 504(22), in table struck out Formula A

    2. Redesignated · 10 U.S.C. § 9361

      Pub. L. 96–513, § 504(22), 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, § 504(22), 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
    (22) The table contained in section 8991 is amended— Post, p. 2935. (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 “ ”; under the column headed “Formula” as “A”, “B”, and “;”, respectively.

  14. Department of Defense Authorization Act, 1984

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

    Substituted · 10 U.S.C. § 9361

    Pub. L. 98–94, § 923(a)(1), (2)(H), 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”

    Source evidence

    Code amendment note
    Pub. L. 98–94, § 923(a)(1), (2)(H), 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”.

  15. Department of Defense Authorization Act, 1984

    Pub. L. 98–94 § 922(a)(12) · 97 Stat. 614

    Inserted · 10 U.S.C. § 9361

    Pub. L. 98–94, § 922(a)(12), inserted “The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–94, § 922(a)(12), inserted “The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

  16. Pub. L. 99–348 title II § 204(a) · 100 Stat. 682

    1. Amended · 10 U.S.C. § 9361

      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(e) or section 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 8911, 8918, 8920, and 8924 and for the years of service credited under section 8925 for sections 8914 and 8917, 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)

    2. Struck · 10 U.S.C. § 9361

      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, eliminated footnotes 1 to 4

    3. Added · 10 U.S.C. § 9361

      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(e) or section 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 8911, 8918, 8920, and 8924 and for the years of service credited under section 8925 for sections 8914 and 8917, 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, eliminated footnotes 1 to 4, and added subsec. (b).

    Enacted provision · exact public law section
    (a) Initial Computation of Retired Pay.— The text of section 8991 (relating to computation of retired pay) is amended to read as 10 USC 8991. 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 8911 Retired pay base as computed under section 1406(e) or 1407. The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 1405. 8918 8920 8924 B 8914 Retired pay base as computed under section 1406(e) or 1407. The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 8925. 8917         “(2) Additional 10 Percent for Certain Enlisted Members Credited With Extraordinary Heroism.— If a member who is retired under section 8914 of this title has been credited by the Secretary of the Air Force 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.”.

  17. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 635(c)(2)(A) · 108 Stat. 2663

    Amended · 10 U.S.C. § 9361(a)(1)

    Pub. L. 103–337, § 635(c)(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 8911, 8914, 8917, 8918, 8920, and 8924 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–337, § 635(c)(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 8911, 8914, 8917, 8918, 8920, and 8924 of this title.

    Enacted provision · exact public law section
    (A) Paragraph (1) of subsection (a) of section 8991 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(e) 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.”.

  18. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 635(c)(2)(B)(i) · 108 Stat. 2663

    Struck · 10 U.S.C. § 9361(b)(1)

    Pub. L. 103–337, § 635(c)(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(c)(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”; and

  19. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 635(c)(2)(B)(ii) · 108 Stat. 2663

    Struck · 10 U.S.C. § 9361(b)(3)

    Pub. L. 103–337, § 635(c)(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(c)(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).

  20. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 532(d)(3) · 110 Stat. 2422

    Added · 10 U.S.C. § 9361(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
    (3) Section 8991 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 8914 of this title whose retired grade is determined under section 8963 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(e) of this title.”.

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

    Pub. L. 115–232 § 806(b)(15) · 132 Stat. 1636

    Changed · 10 U.S.C. § 9361

    Pub. L. 115–232, § 806(b)(15), renumbered section 8991 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 806(b)(15), renumbered section 8991 of this title as this section.

    Enacted provision · exact public law section
    (15) Chapter 871.— Sections 8991 and 8992 are redesignated as sections 9361 and 9362, 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.

  22. 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. § 9361(a)(2)

    Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914”.

    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.

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

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    1. Substituted · 10 U.S.C. § 9361(c)

      Pub. L. 115–232, § 809(a), substituted “Section 9343” for “Section 8963” in text

    2. Substituted · 10 U.S.C. § 9361(c)

      Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914” in text

    3. Substituted · 10 U.S.C. § 9361(c)

      Pub. L. 115–232, § 809(a), substituted “section 9343” for “section 8963” in text

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–232, § 809(a), substituted “Section 9343” for “Section 8963” in heading and “section 9314” for “section 8914” and “section 9343” for “section 8963” 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.

  24. Pub. L. 118–159 div. A title VI § 604(3) · 138 Stat. 1931

    Inserted · 10 U.S.C. § 9361(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 “is 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 “is based”.

  25. Pub. L. 119–60 div. A title XVII § 1701(a)(38) · 139 Stat. 1210

    Substituted · 10 U.S.C. § 9361(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”.

25 of 30 references resolved to an enrolled provision · 3 partial · 2 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8991 Intro­ductory para­graph   8991(A)   8991(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).R.S. 1274.Mar. 2, 1907, ch. 2515, § 1 (less 1st 35 words, and less proviso), 34 Stat. 1217.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.
8991(C)   8991(D)10:971.10:971b (less 1st 100 words, and less 1st and 3d proviso).10:948 less (1st sentence, and less 1st and last provisos of last sentence).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.
8991(E)8991 Footnote 18991 Footnote 2    8991 Footnote 38991 Footnote 4     8991 Footnote 510:980.10:506b(d) (1st proviso).10:1079a(b) (proviso).5:627b(h) (3d proviso, less 1st 42, and last 13, words).10:1002 (34 words before proviso and proviso).10:1003 (last 40 words).[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(a) (less 1st 49 words, and less 1st 84 words of last proviso), 61 Stat. 44.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, § 303(h) (3d proviso, less 1st 42, and last 13, words), 62 Stat. 372.
  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 Air Force 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 8918, 8920, and 8924 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 8925” 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(4)(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 sectionSource (U.S. Code)Source (Statutes at Large)
8991[No source].[No source].

The amendment reflects section 1(197) of the bill [amendment of section 8962 of title 10].

1962 Act

The change corrects a cross-reference error.

Editorial Notes

Prior Provisions

A prior section 9361 was renumbered section 9461 of this title.

Amendments1957–2025 · 13 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 “is based”.

2018

Pub. L. 115–232, § 806(b)(15), renumbered section 8991 of this title as this section.

Subsec. (a)(2). Pub. L. 115–232, § 809(a), substituted “section 9314” for “section 8914”.

Subsec. (c). Pub. L. 115–232, § 809(a), substituted “Section 9343” for “Section 8963” in heading and “section 9314” for “section 8914” and “section 9343” for “section 8963” in text.

1996

Subsec. (c). Pub. L. 104–201 added subsec. (c).

1994

Subsec. (a)(1). Pub. L. 103–337, § 635(c)(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 8911, 8914, 8917, 8918, 8920, and 8924 of this title.

Subsec. (b)(1). Pub. L. 103–337, § 635(c)(2)(B)(i), struck out “of the table” after “than one formula”.

Subsec. (b)(3). Pub. L. 103–337, § 635(c)(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(e) or section 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under section 1405 for sections 8911, 8918, 8920, and 8924 and for the years of service credited under section 8925 for sections 8914 and 8917, 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, eliminated footnotes 1 to 4, and added subsec. (b).

1983

Pub. L. 98–94, § 923(a)(1), (2)(H), 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. 98–94, § 922(a)(12), inserted “The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

1980

Pub. L. 96–513, § 514(8), in heading for column 1 of 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 table inserted provisions respecting applicability to persons after date of enactment of Department of Defense Authorization Act, 1981.

Pub. L. 96–513, § 504(22), in table struck out Formula A and redesignated Formulas B, C, and D as A, B, and C, respectively.

1967

Pub. L. 90–207 inserted “, or if the member has served as chief master sergeant of the Air Force, 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 2 of member’s retired grade 1” for “Monthly basic pay to which member would be entitled if he were on active duty in his retired grade 1” 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), use pay to which member would be entitled if he were on active duty in his retired grade” after “date of retirement”.

1962

Pub. L. 87–651 substituted “section 8962(b)” for “section 8962(c)” in footnote 1.

1958

Formula B. Pub. L. 85–422, § 11(a)(9), 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(6), permitted in case of an officer who has served as Chief of Staff, computation at highest rates of basic pay applicable to him while he served in that office.

Footnote 2. Pub. L. 85–861 struck out reference to section 8962(b).

1957

Pub. L. 85–155 redesignated formulas “B” to “E” of table as formulas “A” to “D”. Former formula “A”, which related to computation of retirement pay for persons retired under former sections 8881, 8882, and 8912 of this title, was repealed by such 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 504(22) of Pub. L. 96–513 effective , and amendment by section 514(8) 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

Amendment by section 6(6), (8) of Pub. L. 85–422 inapplicable to retired persons or to persons to whom retired pay is granted before , see section 6 of Pub. L. 85–422, set out in part under section 3991 of this title.

Amendment by Pub. L. 85–422 effective on , see section 9 of Pub. L. 85–422, , 72 Stat. 130.

Computation of Retired Pay for Certain Enlisted Members Retired Prior to June 1, 1958

Members retired prior to , authorized to include active service performed to the date of retirement as creditable service in computation of basic pay upon which retired pay is based, see Pub. L. 87–537, set out as a note under section 7361 of this title.

Credits

1956–2025 · 16 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991
  2. 1957Pub. L. 85–155, title III, § 301(22), , 71 Stat. 389
  3. 1958Pub. L. 85–422, §§ 6(6), (8), 11(a)(9), , 72 Stat. 129, 131
  4. 1958Pub. L. 85–861, § 1(199A), , 72 Stat. 1541
  5. 1962Pub. L. 87–651, title I, § 127, , 76 Stat. 514
  6. 1963Pub. L. 88–132, § 5(h)(2), , 77 Stat. 214
  7. 1967Pub. L. 90–207, § 3(5), , 81 Stat. 654
  8. 1980Pub. L. 96–342, title VIII, § 813(e), , 94 Stat. 1109
  9. 1980Pub. L. 96–513, title V, §§ 504(22), 514(8), , 94 Stat. 2917, 2935
  10. 1983Pub. L. 98–94, title IX, §§ 922(a)(12), 923(a)(1), (2)(H), , 97 Stat. 642, 643
  11. 1986Pub. L. 99–348, title II, § 204(a), , 100 Stat. 697
  12. 1994Pub. L. 103–337, div. A, title VI, § 635(c)(2), , 108 Stat. 2789
  13. 1996Pub. L. 104–201, div. A, title V, § 532(d)(3), , 110 Stat. 2520
  14. 2018renumbered § 9361 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(15), 809(a), , 132 Stat. 1833, 1840
  15. 2024Pub. L. 118–159, div. A, title VI, § 604(3), , 138 Stat. 1931
  16. 2025Pub. L. 119–60, div. A, title XVII, § 1701(a)(38), , 139 Stat. 1210.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 556, § 8991; Pub. L. 85–155, title III, § 301(22), , 71 Stat. 389; Pub. L. 85–422, §§ 6(6), (8), 11(a)(9), , 72 Stat. 129, 131; Pub. L. 85–861, § 1(199A), , 72 Stat. 1541; Pub. L. 87–651, title I, § 127, , 76 Stat. 514; Pub. L. 88–132, § 5(h)(2), , 77 Stat. 214; Pub. L. 90–207, § 3(5), , 81 Stat. 654; Pub. L. 96–342, title VIII, § 813(e), , 94 Stat. 1109; Pub. L. 96–513, title V, §§ 504(22), 514(8), , 94 Stat. 2917, 2935; Pub. L. 98–94, title IX, §§ 922(a)(12), 923(a)(1), (2)(H), , 97 Stat. 642, 643; Pub. L. 99–348, title II, § 204(a), , 100 Stat. 697; Pub. L. 103–337, div. A, title VI, § 635(c)(2), , 108 Stat. 2789; Pub. L. 104–201, div. A, title V, § 532(d)(3), , 110 Stat. 2520; renumbered § 9361 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(15), 809(a), , 132 Stat. 1833, 1840; Pub. L. 118–159, div. A, title VI, § 604(3), , 138 Stat. 1931; Pub. L. 119–60, div. A, title XVII, § 1701(a)(38), , 139 Stat. 1210.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s9361