In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
Aug. 10, 1956, ch. 104170A Stat. 415Pub. L. 96–513, title V, § 503(50)94 Stat. 2915Pub. L. 98–94, title IX, § 923(c)(4)97 Stat. 643Pub. L. 115–232, div. A, title VIII, § 807(b)(16)132 Stat. 1836(, , § 6404; , , ; , , ; renumbered § 8374, , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
6404 | 34 U.S.C. 410c(a) (1st proviso). | Feb. 21, 1946, ch. 34, § 7 (a) (1st proviso), 60 Stat. 27; Aug. 7, 1947, ch. 512, § 432(a), 61 Stat. 881. |
| 34 U.S.C. 410j(g) (1st proviso). | Aug. 7, 1947, ch. 512, § 312(g) (1st proviso), 61 Stat. 860. |
| 34 U.S.C. 410d (1st proviso). | Feb. 21, 1946, ch. 34, § 9 (1st proviso), 60 Stat. 28; Aug. 7, 1947, ch. 512, § 432(b), 61 Stat. 881. |
| 34 U.S.C. 410j(h) (1st proviso). | Aug. 7, 1947, ch. 512, § 312(h) (1st proviso), 61 Stat. 860. |
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| 34 U.S.C. 410r(j) (proviso). | June 12, 1948, ch. 449, § 207(j) (proviso), 62 Stat. 366. |
| Apr. 16, 1947, ch. 38, § 207(h), 61 Stat. 50; redesignated (g), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882; May 16, 1950, ch. 186, § 3(j), 64 Stat. 162. | |
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The words “and a part of a year that is less than six months is disregarded” are added for clarity. The legislative history of the Career Compensation Act of 1949, which contains a provision identical to those codified in this section, indicates that all of these provisions are construed as requiring a fractional year of less than six months to be disregarded (hearing before the Committee on Armed Services of the Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, ).
Editorial Notes
Prior Provisions
Pub. L. 85–861, § 1(178)(C)72 Stat. 1528Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)108 Stat. 2963section 14308(f) of this titleA prior section 8374, added , , , provided that promotion of reserve commissioned officers be effective upon Federal recognition in next higher grade of Air National Guard, prior to repeal by , , , effective . See .
Amendments
Pub. L. 115–232section 6404 of this title2018— renumbered as this section.
Pub. L. 98–941983— substituted “each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”.
Pub. L. 96–5131980— substituted “separation pay” for “severance pay” in section catchline and substituted “separation pay” for “lump-sum payments” in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 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 1983 Amendment
Pub. L. 98–94section 923(g) of Pub. L. 98–94section 1174 of this titleAmendment by applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .