10 U.S.C. § 1402a | Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980

(a)

In General .—

A member of an armed force—

(1)

September 7, 1980 who first became a member of a uniformed service after ;

(2)

who has become entitled to retired pay or retainer pay; and

(3)

who thereafter serves on active duty (other than for training),

Column 1 Take	Column 2 Multiply by
Retired pay base or retainer pay base under section 1407 which he would be entitled to use if—	The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of—
(1) he were retiring upon release from that active duty; or	(1) the years of service that may be credited to him in computing retired pay or retainer pay; and
(2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty.	(2) his years of active service after becoming entitled to retired pay or retainer pay.

Retired pay base or retainer pay base under section 1407 which he would be entitled to use if—

The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of—

(1) he were retiring upon release from that active duty; or

(1) the years of service that may be credited to him in computing retired pay or retainer pay; and

(2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty.

(2) his years of active service after becoming entitled to retired pay or retainer pay.

is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table.

(b)

New Disability Incurred During Later Active Duty .—

September 7, 1980A member of an armed force who first became a member of a uniformed service after , who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).

(c)

Additional or Aggravated Disability Incurred During Later Active Duty .—

September 7, 1980A member of an armed force who first became a member of a uniformed service after , and who—

(1)

was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;

(2)

incurs, while on active duty after retirement or after his name was placed on the temporary disability retired list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on that list; and

(3)

is qualified under section 1201, 1202, 1204, or 1205 of this title;

is entitled, upon his release from active duty, to retired pay under subsection (d).

(d)

Computation for Later Disability .—

section 1401a of this title

Column 1 Take	Column 2 Multiply by	Column 3 Add
¹ 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.
The retired pay base computed under section 1407(b) of this title.	As member elects— (1) 2½ percent of years of service credited under section 1208 of this title; ¹ or (2) the highest percentage of disability, not to exceed 75 percent, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.	Amount necessary to increase product of columns 1 and 2 to 50 percent of pay upon which computation is based, if member is on temporary disability retired list.

¹ 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.

The retired pay base computed under section 1407(b) of this title.

As member elects—

(1) 2½ percent of years of service credited under section 1208 of this title; ¹ or

(2) the highest percentage of disability, not to exceed 75 percent, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.

Amount necessary to increase product of columns 1 and 2 to 50 percent of pay upon which computation is based, if member is on temporary disability retired list.

A member of an armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under after he initially became entitled to that pay, or (2) retired pay computed according to the following table.

(e)

Alternative Recomputation to SubsectionFormula (a) .—

Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from that active duty, to have his retired pay or retainer pay—

(1)

computed according to the formula set forth in subsection (a) but using the monthly retired pay base under which his retired pay or retainer pay was computed when he entered on that active duty; and

(2)

section 1401a of this title increased by any applicable adjustments in that pay under after he initially became entitled to that pay.

(f)

AdditionalPercent for Certain Enlisted Members Credited With Extraordinary Heroism 10 .—

(1)

In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 7314 or 9314 of this title, the member’s retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces.

(2)

The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the retired pay base upon which the recomputation of such retired pay is based.

(3)

The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.

Pub. L. 96–342, title VIII, § 813(b)(3)(A)Sept. 8, 198094 Stat. 1102 Pub. L. 96–513, title V, § 511(51)(A)Dec. 12, 198094 Stat. 2924 Pub. L. 98–94, title IXSept. 24, 198397 Stat. 641 Pub. L. 99–348, title II, § 201(b)(1)July 1, 1986100 Stat. 693 Pub. L. 102–484, div. A, title VI, § 642(b)Oct. 23, 1992106 Stat. 2425 Pub. L. 111–383, div. A, title VI, § 631(c)Jan. 7, 2011124 Stat. 4239 Pub. L. 115–232, div. A, title VIII, § 809(a)Aug. 13, 2018132 Stat. 1840(Added , , ; amended , (B), , ; , §§ 922(a)(5), (6), 923(a)(1), (2)(D), (E), , , 642; , (2), , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 115–2322018—Subsec. (f)(1). substituted “section 7314 or 9314” for “section 3914 or 8914”.

Pub. L. 111–3832011—Subsec. (d). , in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability” and struck out column 4 of table which related to subtraction of excess over 75 percent of retired or retainer pay base upon which computation is based.

Pub. L. 102–4841992—Subsec. (f). added subsec. (f).

Pub. L. 99–348, § 201(b)(1)section 1407(a)(2) of this titleSeptember 7, 19801986—Subsec. (a). , amended subsec. (a) generally. Prior to the amendment, subsec. (a) read as follows: “A member of an armed force who first became a member of a uniformed service (as defined in ) after , who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”

Pub. L. 99–348, § 201(b)(2)(A)Subsec. (b). , inserted heading.

Pub. L. 99–348, § 201(b)(2)(B)Subsec. (c). , inserted heading.

Pub. L. 99–348, § 201(b)(2)(C)Subsec. (d). , inserted heading, struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1, and in column 1 of table struck out “monthly” before “retired pay” and in column 4 of table struck out “monthly” before “retired or”.

Pub. L. 99–348, § 201(b)(2)(D)Subsec. (e). , inserted heading.

Pub. L. 98–94, § 922(a)(5)1983—Subsec. (a). , substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”.

Pub. L. 98–94, § 923(a)(1), (2)(D), in footnote 1 of 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)(6)Subsec. (d). , substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”.

Pub. L. 98–94, § 923(a)(1), (2)(E), in footnote 1 of 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. 96–513, § 511(51)(B)September 7, 19801980—, substituted “of members who first became members after ” for “in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981” in section catchline.

Pub. L. 96–513, § 511(51)(A)September 7, 1980Subsecs. (a) to (c). , substituted “after ” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 2011 Amendment

Pub. L. 111–383Jan. 7, 2011Jan. 7, 2011Jan. 7, 2011section 631(d) of Pub. L. 111–383 section 1401 of this titleAmendment by applicable to persons who first become entitled to retired or retainer pay under subtitle A of this title after , and table in subsec. (d) of this section, in effect on the day before , applicable to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A on or before , see , set out as a note under .

Effective Date of 1983 Amendment

section 922 of Pub. L. 98–94Oct. 1, 1983section 922(e) of Pub. L. 98–94 section 1401 of this titleAmendment by effective , see , set out as a note under .

section 923 of Pub. L. 98–94Sept. 30, 1983Sept. 30, 1983section 923(g) of Pub. L. 98–94 section 1174 of this titleAmendment by applicable with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after , and (2) the recomputation of retired pay under this section, of any individual who after , becomes entitled to recompute retired pay under this section, see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513 section 101 of this titleAmendment by effective , see , set out as a note under .

Accrual of Benefits; Prospective Applicability

Oct. 23, 1992Pub. L. 102–484 section 642(c) of Pub. L. 102–484 section 1402 of this titleNo benefits to accrue for months beginning before , by reason of the amendment by , see , set out as a note under .