§ 3045. Computation of retired pay

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. 2002

   Pub. L. 107–372 title II § 245 · 116 Stat. 3078

   Enacted · 33 U.S.C. § 3045

   Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089

   Source evidence

   Code source credit
   Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089

   Enacted provision · exact public law section
   SEC. 245. COMPUTATION OF RETIRED PAY. (a) Officers First Becoming Members Before September 8, 1980.— Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying— (1) the retired pay base determined under section 1406(g) of title 10, United States Code; by (2) 2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces. The retired pay so computed may not exceed 75 percent of the retired pay base. (b) Officers First Becoming Members on or After September 8, 1980.— Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying— (1) the retired pay base determined under section 1407 of title 10, United States Code; by (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces. (c) Treatment of Full and Fractional Parts of Months in Computing Years of Service.— (1) In general.— In computing the number of years of service of an officer for the purposes of subsection (a)— (A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as ½ of a year; and (B) any remaining fractional part of a month shall be disregarded. (2) Rounding.— Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

2. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. A title VI § 631(c)(3) · 129 Stat. 726

   Amended · 33 U.S.C. § 3045(a)(2)

   Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.”

   Enacted provision · exact public law section
   (3) Application to national oceanic and atmospheric administration commissioned corps.— Paragraph (2) of section 245(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3045(a)) is amended to read as follows: “(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.” .

   Effective date note
   Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

2 of 2 references resolved to an enrolled provision