Aug. 10, 1956, ch. 104170A Stat. 103Pub. L. 85–861, § 33(a)(10)72 Stat. 1565Pub. L. 103–337, div. A, title XVI, § 1662(j)(1)108 Stat. 2998Pub. L. 104–201, div. A, title V110 Stat. 2517Pub. L. 105–85, div. A, title X, § 1073(a)(67)111 Stat. 1904Pub. L. 106–65, div. A, title V, § 578(h)(2)113 Stat. 628Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title X, § 1048(c)(16)115 Stat. 1227Pub. L. 110–181, div. A, title VI, § 648122 Stat. 161Pub. L. 116–283, div. A, title V, § 516(b)134 Stat. 3589(, , § 1333; , , ; renumbered § 12733 and amended , , , 3002; , §§ 531(a), 543(b)(2), , , 2522; , (c)(4), , ; , , ; , title VI, § 652], , , 1654A–163; , , ; , , ; , title VI, § 602(b)(5), , , 3671.)
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Historical and Revision Notes |
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1956 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1333 | 10:1036b (less 1st 91 words, and less 1st proviso). 10:1036e(c) (as applicable to determination of retired pay). 10:1036e(d) (as applicable to determination of retired pay). 34:440j (less 1st 91 words, and less 1st proviso). | June 29, 1948, ch. 708, §§ 303 (less 1st 91 words, and less 1st proviso), 306 ((c) and (d), as applicable to determination of retired pay), 62 Stat. 1088–1090; Sept. 7, 1949, ch. 547, § 3, 63 Stat. 693. |
| 34:440m(c) (as applicable to determination of retired pay). | |
| 34:440m(d) (as applicable to determination of retired pay). | |
The revised section consolidates provisions of 10:1036b and 1036e, and 34:440j and 440m, relating to the years of service that may be counted in determining retired pay for persons entitled to that pay under this chapter.
Clause (1) is substituted for 10:1036b(i). In clause (3), the words “and proportionately for each fraction of a year” are inserted to make clear that parts of years must be counted. 10:1036e(d) and 34:440m(d) are omitted as covered by sections 101(22) and 101(24) of this title.
Act1958
62 Stat. 1088The change is necessary so that active service and service described in section 1332(a)(2)(A)(ii) that was performed on or before , may be counted in computing retired pay, as provided by the source law, section 303(i) of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 () and in accordance with the opinion of the Judge Advocate General of the Army (JAGA 1956/1908, ).
Editorial Notes
Amendments
Pub. L. 116–283, § 516(b)2021—Par. (3). , substituted “(D), or (F)” for “or (D)” in introductory provisions.
Pub. L. 116–283, § 602(b)(5)Pars. (5), (6). , added par. (5) and redesignated former par. (5) as (6).
Pub. L. 110–1812008—Par. (3)(B) to (D). struck out “and” at end of subpar. (B), substituted “before the year of service that includes ; and” for period at end of subpar. (C), and added subpar. (D).
Pub. L. 107–107, § 1048(c)(16)(A)2001—Par. (3)(B). , substituted “” for “the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001”.
Pub. L. 107–107, § 1048(c)(16)(B)Par. (3)(C). , substituted “,” for “the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001”.
Pub. L. 106–3982000—Par. (3). substituted “but not more than—” and subpars. (A) to (C) for “but not more than 60 days in any one year of service before the year of service that includes , and not more than 75 days in any subsequent year of service.”
Pub. L. 106–651999—Pars. (4), (5). added par. (4) and redesignated former par. (4) as (5).
Pub. L. 105–85, § 1073(c)(4)Pub. L. 104–201, § 531(a)1997—Par. (3). , made technical correction to directory language of . See 1996 Amendment note below.
Pub. L. 105–85, § 1073(a)(67), inserted a comma after “(B)” and substituted “that includes ,” for “in which the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997 occurs”.
Pub. L. 104–201, § 543(b)(2)1996—Par. (3). , substituted “(C), or (D)” for “or (C)”.
Pub. L. 104–201, § 531(a)Pub. L. 105–85, § 1073(c)(4), as amended by , inserted before period at end “of service before the year of service in which the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997 occurs and not more than 75 days in any subsequent year of service”.
Pub. L. 103–337section 1333 of this title1994— renumbered as this section, substituted “Computation of retired pay: computation of years of service” for “Computation of years of service in computing retired pay” as section catchline, and amended text generally, changing style and references to other sections.
Pub. L. 85–861section 1332(a)(2)(A) of this title1958— added cls. (1) and (2), struck out former cl. (1) which permitted the addition of the days of service credited under , and redesignated former cls. (2) and (3) as (3) and (4), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
section 602(b)(5) of Pub. L. 116–283section 602(c) of Pub. L. 116–283section 12732 of this titleAmendment by effective, and applicable with respect to periods of maternity leave that commence on or after, , see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–85, div. A, title X, § 1073(c)111 Stat. 1904Pub. L. 104–201, , , provided that the amendment made by that section is effective as of , and as if included in the National Defense Authorization Act for Fiscal Year 1997, , as enacted.
Effective Date of 1994 Amendment
Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
Effective Date of 1958 Amendment
Pub. L. 85–861section 33(g) of Pub. L. 85–861section 101 of this titleAmendment by effective , see , set out as a note under .