Prohibition on Recomputation To Reflect Increases in Basic Pay .—
Cost-of-Living Adjustments Based on CPI Increases.—
Increase required .—
Percentage increase .—
Reduced percentage for certain post- members .—
Special rule for paragraph (3) .—
Adjustments for participants in modernized retirement system .—
Regulations .—
First COLA Adjustment for Members With Retired Pay Computed Using Final Basic Pay.—
First adjustment with intervening increase in basic pay .—
First adjustment with no intervening increase in basic pay .—
Members covered .—
First COLA Adjustment for Members With Retired Pay Computed Using High-Three .—
Pro Rating of Initial Adjustment .—
Prevention of Pay Inversions.—
Prevention of retired pay inversions for members with retired pay computed using final basic pay .—
Prevention of retired pay inversions for members with retired pay computed using high-three .—
Prevention of cola inversions .—
Definitions .—
Price Index for a Quarter .—
Pub. L. 88–132, § 5(g)(1)77 Stat. 213 Pub. L. 89–132, § 5(b)79 Stat. 547 Pub. L. 90–207, § 2(a)(1)81 Stat. 652 Pub. L. 91–179, § 183 Stat. 837 Pub. L. 94–106, title VIII, § 80689 Stat. 538 Pub. L. 94–361, title VIII, § 801(a)90 Stat. 929 Pub. L. 94–440, title XIII, § 1306(d)(1)90 Stat. 1462 Pub. L. 96–342, title VIII, § 812(b)(1)94 Stat. 1098 Pub. L. 98–94, title IX97 Stat. 640 Pub. L. 98–525, title XIV, § 1405(26)98 Stat. 2623 Pub. L. 99–348, title I, § 102100 Stat. 683 Pub. L. 100–180, div. A, title XII, § 1231(21)101 Stat. 1161 Pub. L. 100–224, § 1101 Stat. 1536 Pub. L. 100–456, div. A, title VI, § 622(a)102 Stat. 1983 Pub. L. 101–189, div. A, title VI, § 651(b)(1)103 Stat. 1460 Pub. L. 103–66, title II, § 2001107 Stat. 335 Pub. L. 103–160, div. A, title XI, § 1182(e)107 Stat. 1773 Pub. L. 103–335, title VIII, § 8114A(b)(1)108 Stat. 2648 Pub. L. 103–337, div. A, title VI, § 633(a)108 Stat. 2787 Pub. L. 104–106, div. A, title VI, § 631(a)110 Stat. 364 Pub. L. 104–201, div. A, title VI110 Stat. 2549 Pub. L. 106–65, div. A, title VI113 Stat. 662 Pub. L. 107–314, div. A, title VI, § 633116 Stat. 2572 Pub. L. 110–181, div. A, title VI, § 661(b)(3)122 Stat. 178 Pub. L. 113–66, div. A, title VI, § 631(a)127 Stat. 785 Pub. L. 113–67, div. A, title IV, § 403(a)127 Stat. 1186 Pub. L. 113–76, div. C, title X, § 10001(a)128 Stat. 151 Pub. L. 113–82, § 2(a)128 Stat. 1009 Pub. L. 113–291, div. A, title VI, § 623128 Stat. 3403 Pub. L. 114–92, div. A, title VI, § 631(c)(1)(B)129 Stat. 844 (Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 921(a)(1), (b), 922(a)(2), , , 641; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (c), , , 365; , §§ 631(a), 632(a), , ; , §§ 641(b), 643(b)(1), title X, § 1066(a)(10), , , 663, 771; , , ; , , ; , (b), title X, § 1091(a)(9), , , 876; , , ; , (b)(3), , ; , , ; , , ; , (d), , , 845.)
Editorial Notes
References in Text
Section 322 of title 37section 322 of title 37section 322 of title 37Pub. L. 110–181Section 322 of title 37section 354 of title 37Pub. L. 110–181, div. A, title VI, § 661(b)(1)122 Stat. 178 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(3), and (as in effect before ), referred to in subsecs. (d) and (e), mean as in effect before enactment of on . was renumbered as and amended by , (2), , .
Amendments
Pub. L. 114–92, § 631(d)Pub. L. 113–67, § 403(a)Pub. L. 113–76, § 10001(a)Pub. L. 113–82, § 2(a)Pub. L. 113–291, § 623Pub. L. 113–76, § 10001(b)(3)2015—, which was approved , provided that the amendments made by —as amended by , , and —and the amendments made by , which were effective , would not take effect. See 2013 and 2014 Amendment and Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 notes below.
Pub. L. 114–92, § 631(c)(1)(B)Subsec. (b)(5), (6). , added par. (5) and redesignated former par. (5) as (6).
Pub. L. 113–76, § 10001(a)(1)Pub. L. 114–92, § 631(d)2014—Subsec. (b)(4)(A). , which directed insertion of “(other than a member or former member retired under chapter 61 of this title)” after “age”, did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–76, § 10001(a)(2)Pub. L. 114–92, § 631(d)Subsec. (b)(4)(F). , which directed addition of subpar. (F) related to inapplicability to amount of retired pay used in computation of SBP annuity for survivors, did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–291, § 623Pub. L. 114–92, § 631(d)Subsec. (b)(4)(G). , which directed substitution of “” for “”, did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–82, § 2(a)Pub. L. 114–92, § 631(d), which directed addition of subpar. (G) related to applicability of subsec. (b)(4) to certain members and former members, did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–76, § 10001(b)(3)Pub. L. 114–92, § 631(d)Subsec. (f)(3). , which directed insertion of “or subsection (b)(4)” after “subsection (b)(2)” in par. (2) (probably intending par. (3)), did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–67, § 403(a)(1)Pub. L. 114–92, § 631(d)2013—Subsec. (b)(1). , which directed substitution of “paragraph (2), (3), or (4)” for “paragraphs (2) and (3)”, did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–67, § 403(a)(2)Pub. L. 114–92, § 631(d)Subsec. (b)(4) to (6). , (3), which directed addition of par. (4) related to a reduced percentage for retired members under age 62 and redesignation of pars. (4) and (5) as (5) and (6), respectively, did not take effect pursuant to . See 2015 Amendment note above.
Pub. L. 113–66, § 631(b)Subsec. (c)(1), (2). , substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Pub. L. 113–66, § 1091(a)(9)Subsecs. (d), (e). , substituted “before ” for “before the enactment of the National Defense Authorization Act for Fiscal Year 2008” in introductory provisions.
Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Pub. L. 113–66, § 631(a)(1)Prevention of retired pay inversions for members with retired pay computed using final basic payPrevention of retired pay inversionsSubsec. (f)(1). , substituted “.—The” for “.—Notwithstanding any other provision of law, the” and inserted “who first became a member of a uniformed service before , and” after “of an armed force”.
Pub. L. 113–66, § 631(a)(2)Subsec. (f)(2), (3). , (3), added par. (2) and redesignated former par. (2) as (3).
Pub. L. 110–1812008—Subsecs. (b)(3), (d), (e). , in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”.
Pub. L. 107–314, § 633(a)(1)2002—Subsec. (c)(1). , inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” in introductory provisions.
Pub. L. 107–314, § 633(a)(2)Subsec. (c)(2). , inserted “(subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section)” after “shall be increased” in introductory provisions.
Pub. L. 107–314, § 633(a)(1)section 322 of title 37Subsec. (d). , (b)(1), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “or on or after , if the member or former member did not elect to receive a bonus under ” after “,”.
Pub. L. 107–314, § 633(a)(1)section 322 of title 37Subsec. (e). , (b)(2), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “and elected to receive a bonus under ” after “,”.
Pub. L. 107–314, § 633(a)(3)Subsec. (f). , designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2).
Pub. L. 106–65, § 643(b)(1)(A)Increase requiredIn general1999—Subsec. (b)(1). , substituted “” for “” in heading.
Pub. L. 106–65, § 1066(a)(10)General ruleSubsec. (b)(2). , struck out subpar. (A) designation and heading “”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned their margins, and struck out former subpars. (B) and (C) which read as follows:
Special rule for fiscal year 1996“(B) .—In the case of the increase in retired pay that, pursuant to paragraph (1), becomes effective on , the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be March 1996.
Inapplicability to disability retirees“(C) .—Subparagraph (B) does not apply with respect to the retired pay of a member retired under chapter 61 of this title.”
Pub. L. 106–65, § 643(b)(1)(B)Percentage increasePre- members, substituted “” for “” in heading.
Pub. L. 106–65, § 641(b)(1), substituted “Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member” for “The Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before ,”.
Pub. L. 106–65, § 643(b)(1)(C)Reduced percentage for certain post- membersPost- membersSubsec. (b)(3). , substituted “” for “” in heading.
Pub. L. 106–65, § 641(b)(2)section 322 of title 37, inserted “and has elected to receive a bonus under ,” after “,”.
Pub. L. 104–201, § 631(a)Special rule for fiscal year 1996Special rules for fiscal years 1996 and 1998Fiscal year 1996Fiscal year 19981996—Subsec. (b)(2)(B). , substituted “” for “” as subpar. heading, struck out cl. (i) designation and heading “” before “In the case of”, and struck out cl. (ii) which read as follows: “.—In the case of the increase in retired pay that, pursuant to paragraph (1), becomes effective on , the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September 1998.”
Pub. L. 104–106, § 631(c)Pub. L. 103–335, § 8114A(b)(1), repealed . See 1994 Amendment note below.
Pub. L. 104–106, § 631(a)Special rules for fiscal years 1994 through 1998.—, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “
Fiscal year 1994“(i) .—In the case of an increase in retired pay that, pursuant to paragraph (1), becomes effective on , the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be March 1994.
Fiscal years 1995 through 1998“(ii) .—In the case of an increase in retired pay that, pursuant to paragraph (1), becomes effective on December 1 of 1994, 1995, 1996, or 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September of the following year.”
Pub. L. 104–201, § 632(a)Rule for First Adjustment After Retirement With Intervening Increase in Basic PaySubsec. (c). , added subsec. (c) and struck out former subsec. (c) which read as follows: “.—Notwithstanding subsection (b), if a member or former member of an armed force who first became a member of a uniformed service before , becomes entitled to retired pay based on rates of monthly basic pay that became effective after the last day of the calendar quarter of the base index, the retired pay of the member or former member shall be increased on the effective date of the next adjustment of retired pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
“(1) the price index for the base quarter of that year, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective.”
Pub. L. 104–201, § 632(a)Rule for First Adjustment After Retirement With No Intervening Increase in Basic PaySubsec. (d). , added subsec. (d) and struck out former subsec. (d) which read as follows: “.—If a member or former member of an armed force who first became a member of a uniformed service before , becomes entitled to retired pay on or after the effective date of an adjustment in retired pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay, the retired pay of the member or former member shall be increased, effective on the date the member becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
“(1) the base index, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective.”
Pub. L. 103–335, § 8114A(b)(1)Pub. L. 104–106, § 631(c)1994—Subsec. (b)(2)(B). , which directed substituting, in heading, “through 1996” for “through 1998” and substituting, in cl. (ii), “and 1996” for “through 1998”, “of 1994 or 1995” for “of 1994, 1995, 1996, or 1997”, and “March” for “September”, was repealed by .
Pub. L. 103–337Subsec. (f). inserted “based on the grade in which the member is retired” after “at an earlier date” in first sentence and “, except that such computation may not be based on a rate of basic pay for a grade higher than the grade in which the member is retired” before period at end of second sentence and struck out after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
Pub. L. 103–160, § 1182(e)(1)1993—Subsec. (b)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraph (6), the Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before , by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
“(A) the price index for the base quarter of that year, exceeds
“(B) the base index.”
Pub. L. 103–66, § 2001(1), substituted “Except as provided in paragraph (6), the Secretary” for “The Secretary”.
Pub. L. 103–160, § 1182(e)(2)Special rules for paragraph (2) for fiscal years 1994 through 1998.—Subsec. (b)(6). , struck out par. (6) which read as follows: “
Fiscal year 1994“(A) .—In the case of an increase in the retired pay of a member or former member referred to in paragraph (2) that, pursuant to paragraph (1), becomes effective on , the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be March 1994.
Fiscal years 1995 through 1998“(B) .—In the case of an increase in retired pay of a member or former member referred to in paragraph (2) that, pursuant to paragraph (1), becomes effective on December 1 of 1994, 1995, 1996, or 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September of the following year.
Inapplicability to disability retirees“(C) .—Subparagraphs (A) and (B) do not apply with respect to the retired pay of a member retired under chapter 61 of this title.”
Pub. L. 103–66, § 2001(2), added par. (6).
Pub. L. 101–189, § 651(b)(1)(A)1989—Subsec. (b)(3). , inserted “and former member” after first reference to “member”.
Pub. L. 101–189, § 651(b)(1)(B)Subsec. (e). , inserted “or former member” after first and third reference to “member”.
Pub. L. 101–189, § 651(b)(1)(C)Subsec. (f). , inserted “or former member” after “member” in second sentence.
Pub. L. 100–4561988—Subsec. (f). inserted after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
Pub. L. 100–1801987—Subsec. (a). struck out “pay” after “the retired pay”.
Pub. L. 100–224, § 1(a)Subsec. (b)(4), (5). , added par. (4) and redesignated former par. (4) as (5).
Pub. L. 100–224, § 1(b)Subsec. (e). , substituted “by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between—
“(1) the percent by which—
“(A) the price index for the base quarter of that year, exceeds
“(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and
“(2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A).
If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made.” for “only by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
“(1) the price index for the base quarter of that year, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the member became entitled to retired pay.”
Pub. L. 99–348, § 102(b)(1)1986—Subsec. (a). , (c)(1), inserted heading, struck out “or retainer” after “retired pay”, and struck out sentence defining “Index” in this section as meaning the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics.
Pub. L. 99–348, § 102(a)Subsecs. (b) to (d). , added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which read as follows:
section 8340(b) of title 5“(b) Each time that an increase is made under in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.
section 203 of title 37“(c) Notwithstanding subsection (b), if a member or former member of an armed force becomes entitled to retired pay or retainer pay based on rates of monthly basic pay prescribed by that became effective after the last day of the month of the base index, his retired pay or retainer pay shall be increased on the effective date of the next adjustment of retired pay and retainer pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) that the new base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.
section 203 of title 37“(d) If a member or former member of an armed force becomes entitled to retired pay or retainer pay on or after the effective date of an adjustment of retired pay and retainer pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay prescribed by , his retired pay or retainer pay shall be increased, effective on the date he becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) that the base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.”
Pub. L. 99–348, § 102(a)Subsec. (e). , added subsec. (e).
Pub. L. 99–348, § 102(c)(2)Subsec. (f). , inserted heading and struck out “or retainer” after “retired” wherever appearing.
Pub. L. 99–348, § 102(b)(2)Subsecs. (g), (h). , added subsecs. (g) and (h) and struck out former subsec. (g) which provided that the retired or retainer pay of a member or former member of an armed force as adjusted under this section, if not a multiple of $1, would be rounded to the next lower multiple of $1.
Pub. L. 98–5251984—Subsec. (f). substituted “before ” for “prior to the effective date of this subsection”.
Pub. L. 98–94, § 921(a)(1)1983—Subsec. (e). , struck out subsec. (e) which provided that: “Notwithstanding subsections (c) and (d), the adjusted retired pay or retainer pay of a member or former member of an armed force retired on or after , may not be less than it would have been had he become entitled to retired pay or retainer pay based on the same pay grade, years of service for pay, years of service for retired or retainer pay purposes, and percent of disability, if any, on the day before the effective date of the rates of monthly basic pay on which his retired pay or retainer pay is based.”
Pub. L. 98–94, § 921(b)Subsec. (f). , struck out “, subject to subsection (e) of this section,” after “the computation shall”.
Pub. L. 98–94, § 922(a)(2)Subsec. (g). , added subsec. (g).
Pub. L. 96–342section 8340(b) of title 51980—Subsec. (b). substituted provisions directing the Secretary of Defense to increase the retired and retainer pay of members and former members of the armed forces each time that an increase is made under in annuities paid under subchapter III of chapter 83 of title 5, with such increase to be by the same percent as the percentage by which the annuities are increased for provisions under which the Secretary of Defense had been authorized and directed to increase the retired pay and retainer pay of members and former members of the armed forces on March 1 and September 1 depending upon determinations which the Secretary was directed to make on January 1 and July 1 of each year with regards to the percentage change in the index published for June or December of the previous year.
Pub. L. 94–4401976—Subsec. (b). substituted provisions that Secretary of Defense shall determine the percent change in the index on Jan. 1 and July 1 of each year and effective Mar. 1 and Sept. 1, retired and retainer pay shall be increased by the computed percent change adjusted to the nearest ⅒ of 1 percent, for provisions that the Secretary of Defense shall determine on a monthly basis the percent by which the index has increased over that used as a basis for the most recent adjustment of retired and retainer pay and if Secretary determines for 3 consecutive months that the amount of increase is at least 3 percent over the base index, retired and retainer pay shall be increased by adding 1 percent and the highest percent increase in the index during those months adjusted to the nearest ⅒ of 1 percent.
Pub. L. 94–361 struck out “the per centum obtained by adding 1 per centum and” before “the highest per centum of increase in the index”.
Pub. L. 94–1061975—Subsec. (f). added subsec. (f).
Pub. L. 91–1791969—Subsec. (b). provided for a 1 percent addition in computing increases in retired and retainer pay of present and former members of the armed forces, whenever the Secretary made such adjustments to effect increases in the consumer index over the base index.
Pub. L. 90–2071967—Subsec. (a). substituted “may not be recomputed” for “shall not be recomputed”, struck out “if that increase becomes effective after the effective date of this section” after “armed forces” and inserted sentence defining “Index”.
Pub. L. 90–207Pub. L. 89–132Pub. L. 89–132Subsec. (b). revised subsec. (b) generally and, among other changes, substituted provisions requiring the Secretary of Defense to determine monthly the percent by which the index has increased over that used as the basis for the most recent adjustment of retired and retainer pay under this subsection for provisions which required the Secretary of Defense to determine the per centum that the index for each calendar month after the calendar month immediately preceding the effective date of has increased over the base index (that for the calendar month immediately preceding the effective date of or, if later, that used as the basis for the most recent adjustment of retired and retainer pay under this subsection).
Pub. L. 90–207Subsecs. (c) to (e). added subsecs. (c) to (e).
Pub. L. 89–1321965—Subsec. (b). substituted provisions requiring the Secretary of Defense to determine the per centum for each calendar month that the Consumer Price Index has increased over the base Consumer Price Index, and if the index has shown an increase of at least 3 per centum over the base index for three consecutive calendar months to increase the retired or retainer pay by the highest per centum of increase in the index, for provisions which required a determination of the increase over the preceding calendar year and permitted an increase in the retired or retainer pay if the index advanced 3 per centum or more for a full calendar year.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment; Implementation
section 631(c)(1)(B) of Pub. L. 114–92section 635 of Pub. L. 114–92section 8432 of Title 5Amendment by effective , with certain implementation requirements, see , set out as a note under , Government Organization and Employees.
Effective Date of 2014 Amendment
Pub. L. 113–82, § 2(b)128 Stat. 1009
Pub. L. 113–82, § 2(a)Pub. L. 114–92, § 631(d)[Amendment made by , did not take effect pursuant to , set out below.]
Pub. L. 113–76, div. C, title X, § 10001(c)128 Stat. 151
Pub. L. 113–76, § 10001(a)Pub. L. 114–92, § 631(d)[Amendments made by , (b), did not take effect pursuant to , set out below.]
Effective Date of 2013 Amendment
Pub. L. 113–67, div. A, title IV, § 403(c)127 Stat. 1186
Pub. L. 113–67, § 403(a)Pub. L. 114–92, § 631(d)[Amendments made by , (b), did not take effect pursuant to , set out below.]
Pub. L. 113–66, div. A, title VI, § 631(c)127 Stat. 785
Effective Date of 1999 Amendment
Pub. L. 106–65, div. A, title VI, § 644113 Stat. 664
Effective Date of 1996 Amendment
Pub. L. 104–201, div. A, title VI, § 632(b)110 Stat. 2550
Effective Date of 1994 Amendment
Pub. L. 103–337, div. A, title VI, § 633(b)108 Stat. 2787
Effective Date of 1988 Amendment
Pub. L. 100–456, div. A, title VI, § 622(b)102 Stat. 1983
Effective Date of 1983 Amendment
Pub. L. 98–94, title IX, § 921(a)(2)97 Stat. 640
section 922 of Pub. L. 98–94section 922(e) of Pub. L. 98–94section 1401 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–342, title VIII, § 812(b)(1)94 Stat. 1098 , , , set out below, provided that the amendment made by that section is effective , but subject to certain conditions.
Effective Date of 1976 Amendment
Pub. L. 94–440, title XIII, § 1306(d)(2)90 Stat. 1463
Effective Date of 1969 Amendment
Pub. L. 91–179, § 283 Stat. 837
Effective Date of 1967 Amendment
Pub. L. 90–207section 7 of Pub. L. 90–207section 203 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.
Effective Date of 1965 Amendment
Pub. L. 89–132section 10 of Pub. L. 89–132section 203 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.
Effective Date
section 14 of Pub. L. 88–132section 201 of Title 37Section effective , see , set out as an Effective Date of 1963 Amendment note under , Pay and Allowances of the Uniformed Services.
Repeal of Reduced Cost-of-Living Adjustments for Members Under the Age of 62
Pub. L. 114–92, div. A, title VI, § 631(d)129 Stat. 845
Contingent Alternative Date for Fiscal Year 1998
Pub. L. 104–106, div. A, title VI, § 631(b)110 Stat. 364 Pub. L. 104–201, div. A, title VI, § 631(b)110 Stat. 2549 , , , provided that if a civil service retiree COLA that becomes effective during fiscal year 1998 becomes effective on a date other than the date on which a military retiree COLA during that fiscal year is specified to become effective under subsec. (b)(2)(B) of this section, then the increase in military retired and retainer pay would become payable as part of such retired and retainer pay effective on the same date on which such civil service retiree COLA was to become effective, prior to repeal by , , .
Elimination of Disparity Between Effective Dates for Military and Civilian Retiree Cost-of-Living Adjustments for Fiscal Year 1995
Pub. L. 103–337, div. A, title VI, § 631108 Stat. 2785
In General .—
Definitions .—
Limitation .—
Authorization of Appropriations .—
Sense of Congress on Equal Treatment of Effective Dates for Future Cost-of-Living Adjustments for Military and Civilian Retirees
Pub. L. 103–337, div. A, title VI, § 632108 Stat. 2786
Findings .—
Sense of Congress .—
Waiver of Administrative Time-in-Grade Requirements To Prevent Pay Inversions in Retired Pay of Certain Military Retirees
Pub. L. 103–337, div. A, title VI, § 634108 Stat. 2787
Authority .—
Covered Retirees .—
Earlier Computation Date .—
Regulations Subject to Waiver .—
Scope of Waiver Authority .—
Military Retiree Defined .—
Secretary Concerned .—
Fiscal Year 1995 Cost-of-Living Adjustments for Military Retirees
Pub. L. 103–335, title VIII, § 8114A108 Stat. 2648 Pub. L. 104–106, div. A, title VI, § 631(c)110 Stat. 365
Fiscal YearCost-of-Living Adjustment for Military Retirees 1995 .—
Pub. L. 104–106, div. A, title VI, § 631(c)110 Stat. 365 [Repealed. , , .]
Contingent Once-a-Year Adjustment of Retired and Retainer Pay
Pub. L. 96–342, title VIII, § 81294 Stat. 1098 Pub. L. 97–35, title II, § 211(b)95 Stat. 383
section 8340(b) of title 5“ ‘(b) Each time that an increase is made under in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.’.
Effective , but subject to paragraph (2), section 1401a(b), of title 10, United States Code, relating to adjustment of retired pay and retainer pay to reflect changes in the Consumer Price Index, is amended to read as follows:Computation of Retired Pay of Sergeant Majors of Marine Corps Who Completed Service Prior to
Pub. L. 95–58192 Stat. 2478
Pub. L. 96–342Pub. L. 88–64378 Stat. 1043 Pub. L. 102–496, title VIII, § 802106 Stat. 3196 [The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in , set out above, is , , , which was revised generally by , , , is known as the Central Intelligence Agency Retirement Act and is classified generally to chapter 38 (§ 2001 et seq.) of Title 50, War and National Defense.]
Cost-of-Living Adjustment of Retired Pay or Retainer Pay of Members and Former Members of Armed Forces and Commissioned Officers of National Oceanic and Atmospheric Administration and Public Health Service; Effective Date of 1976 Amendment
Pub. L. 94–361, title VIII, § 801(c)90 Stat. 929
Pub. L. 94–361Pub. L. 88–64378 Stat. 1043 Pub. L. 102–496, title VIII, § 802106 Stat. 3196 [The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in , set out above, is , , , which was revised generally by , , , is known as the Central Intelligence Agency Retirement Act and is classified generally to chapter 38 (§ 2001 et seq.) of Title 50, War and National Defense.]
Increase in Certain Armed Force Members’ Pay and Allowances Not Otherwise Tied to Consumer Price Index
Pub. L. 93–210, § 287 Stat. 908
Retroactive Adjustment of Retired or Retainer Pay of Persons Entitled Thereto After , But Prior to Effective Date of Next Increase After
Pub. L. 90–207, § 2(b)81 Stat. 653