Rates of Basic Pay to Be Used in Determination .—
section 203(a)(2) of title 37section 203(a)(2) of title 37Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between , and , that was subject to a reduction under for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under .
Partial Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Covered Officers Who First Became Members Before September , and Whose Retired Pay Commences After December 8, 198031, 2014.—
Officers retiring after .—
section 203(a)(2) of title 37In the case of a covered general or flag officer who first became a member of a uniformed service before , and who is retired after , under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after , the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of ).
Alternative determination of retired pay base using uncapped rates of basic pay as of .—
section 203(a)(2) of title 37For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of , for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under .
Exception for officer retired in a lower grade .—
In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on , paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.
Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Officers Transferring to Retired Reserve During Specified Period .—
section 12731 of this titlesection 203(a)(2) of title 37In the case of a covered general or flag officer who is transferred to the Retired Reserve between , and , and who becomes entitled to receive retired pay under after , the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under .
Covered General or Flag Officer Defined .—
In this section, the term “covered general or flag officer” means a member or former member of a uniformed service who after —
is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or
is transferred to the Retired Reserve in a general officer grade or flag officer grade.
Pub. L. 109–364, div. A, title VI, § 641(a)120 Stat. 2258Pub. L. 113–291, div. A, title VI, § 622(a)128 Stat. 3401(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 113–2912014— amended section generally. Prior to amendment section related to retired pay base: officers retired in general or flag officer grades, consisting of subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–291, div. A, title VI, § 622(b)128 Stat. 3403
Section 1407a of title 10“, United States Code, as amended by subsection (a), shall be effective for retired pay that commences after .”
, , , provided that: