Public Law 119-73 (01/23/2026)

10 U.S.C. § 1410

Restoral of full retirement amount at age 62 for certain members entering on or after August 1, 1986

section 354 of title 37In the case of a member or former member who first became a member of a uniformed service on or after , who has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or , and who becomes entitled to retired pay before the age of 62, the retired pay of such member or former member shall be recomputed, effective on the first day of the first month beginning after the member or former member attains 62 years of age, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if—
(1)
section 1401a(b) of this title increases in the retired pay of the member or former member under had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and
(2)
section 1409(b)(2) of this title in the case of a member whose retired pay was subject to , no reduction in the member’s retired pay had been made under that section.

Pub. L. 99–348, title I, § 103100 Stat. 685Pub. L. 100–224, § 2101 Stat. 1536Pub. L. 101–189, div. A, title VI, § 651(b)(4)103 Stat. 1460Pub. L. 106–65, div. A, title VI113 Stat. 662Pub. L. 110–181, div. A, title VI, § 661(b)(3)122 Stat. 178Pub. L. 113–67, div. A, title IV, § 403(b)127 Stat. 1186Pub. L. 114–92, div. A, title VI, § 631(d)(1)129 Stat. 845(Added , , ; amended , , ; , , ; , §§ 641(c), 643(b)(3)(A), , , 664; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 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 text, means as in effect before enactment of . was renumbered as and amended by , (2), , .

Amendments

Pub. L. 114–92, § 631(d)(1)Pub. L. 113–67, § 403(b)2015—Par. (1). , which was approved , provided that the amendment made by , which was effective , would not take effect. See 2013 Amendment note below.

Pub. L. 113–67, § 403(b)Pub. L. 114–92, § 631(d)(1)2013—Par. (1). , which directed substitution of “paragraph (3) or (4)” for “paragraph (3)”, did not take effect pursuant to . See 2015 Amendment note above.

Pub. L. 110–1812008—, 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. 106–65section 322 of title 371999— inserted “certain” before “members” in section catchline and “who has elected to receive a bonus under ,” after “,” in introductory provisions.

Pub. L. 101–189, § 651(b)(4)1989—, in introductory provisions, inserted “or former member” after “In the case of a member”, “the retired pay of such member”, “after the member”, and “to which the member”, and in par. (1), substituted “retired pay of the member or former member” for “member’s retired pay”.

Pub. L. 100–224section 1401a(b) of this titlesection 1409(b)(2) of this titlesection 1409(b)(2) of this titlesection 1401a of this title1987— struck out heading “(a) General rule”, substituted provisions that the amount equal to the amount of retired pay to which the member would be entitled on that date if (1) increases in the member’s retired pay under had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and (2) in the case of a member whose retired pay was subject to , no reduction in the member’s retired pay had been made under that section, for provisions that the amount equal to (1) the amount of the member’s initial unreduced retired pay, increased by (2) the percent (adjusted to the nearest one-tenth of 1 percent) by which (A) the price index for the most recent base quarter ending more than 31 days before the date the member attains 62 years of age, exceeds (B) the price index for the calendar quarter immediately before the date the member first became entitled to retired pay, and struck out subsec. (b) which had directed that, in this section, the term “initial unreduced retired pay” meant the amount of retired pay (A) to which the member was entitled when the member first became entitled to retired pay; or (B) in the case of a member whose retired pay was subject to , to which the member would have been entitled on the date of the member’s retirement without regard to that section, and that the definitions in subsection (g), and the provisions of subsection (h), of applied to this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–67section 403(c) of Pub. L. 113–67section 1401a of this titlesection 631(d)(1) of Pub. L. 114–92section 1401a of this titleAmendment by effective , see , set out as a note under . Amendment did not take effect pursuant to , set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under .

Effective Date of 1999 Amendment

Pub. L. 106–65section 644 of Pub. L. 106–65section 1401a of this titleAmendment by effective , see , set out as a note under .