US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 1406

Retired pay base for members who first became members before September 8, 1980: final basic pay

(a)

Use of Retired Pay Base in Computing Retired Pay.—

(1)

General rule .—

The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before , is computed using the retired pay base or retainer pay base determined under this section.
(2)

Exception for recomputation .—

section 1402 of this titleRecomputation of retired or retainer pay to reflect later active duty is provided for under without reference to a retired pay base or retainer pay base.
(b)

Retirement Under Subtitle A or E.—

(1)

Disability, warrant officer, and dopma retirement .—

For a member entitled to

retired pay under section:

The retired pay base is:

1 Compute at rates applicable on date of retirement or date when member’s name was placed on temporary disability retired list, as the case may be.

2 Compute at rates applicable on date of retirement.

3 For the purposes of this subsection, determine member’s retired grade as if sections 7342 and 9342 did not apply.

1201

1202

1204

1205

Monthly basic pay 1 of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher.

 580

1263

1293

1305

Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay of that warrant officer grade.

 633

 634

 635

 636

1251

1252

1253

Monthly basic pay 2 of member’s retired grade.3
In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table.
(2)

Non-regular service retirement .—

section 12731 of this titlesection 12741(a) of this titlesection 1370a of this titleIn the case of a person who is entitled to retired pay under , the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted (or, in the case of a person entitled to retired pay by reason of an election under , at rates applicable on the date the person completes the service required under such section 12741(a)), of the highest grade held satisfactorily by the person at any time in the armed forces. For purposes of the preceding sentence, the highest grade in which a person served satisfactorily as an officer shall be determined in accordance with .
(c)

Voluntary Retirement for Members of the Army.—

(1)

In general .—

section 7361 of this titlesection 7362 of this title

For a member entitled to

retired pay under section:

The retired pay base is:

1 For the purposes of this subsection, determine member’s retired grade as if section 7342 did not apply.

7311

7318

7320

7324

Monthly basic pay of member’s retired grade.1

7314

7317

Monthly basic pay to which member was entitled on day before he retired.

7362

Monthly basic pay of grade to which member is advanced on retired list.
In the case of a member whose retired pay is computed under or who is entitled to retired pay computed under , the retired pay base is determined in accordance with the following table.
(2)

Rate of basic pay to be used .—

The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement.
(d)

Retirement for Members of the Navy and Marine Corps .—

section 8333 of this titlesection 8330 of this title

For a member entitled to

retired or retainer pay under section:

The retired pay base or

retainer pay base is:

1 If the rate specified is less than the pay of any warrant officer grade satisfactorily held by the member on active duty, use the monthly basic pay of that warrant officer grade.

8323  

8325(a)

8372  

Basic pay of the grade in which the member retired.1

8325(b)

Basic pay of the grade the officer would hold if he had not received an appointment described in section 8325(b).

8326  

Basic pay of the pay grade in which the member was serving on the day before retirement.

8330  

Basic pay that the member received at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve.

8262  

Basic pay of the grade to which the member is advanced under section 8262.

8334 

Basic pay of the grade to which the member is advanced under section 8334.
In the case of a member whose retired pay is computed under , who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under , the retired pay base or retainer pay base is determined in accordance with the following table.
(e)

Voluntary Retirement for Members of the Air Force and Space Force.—

(1)

In general .—

section 9361 of this titlesection 9362 of this title

For a member entitled to

retired pay under section:

The retired pay base is:

1 For the purposes of this subsection, determine member’s retired grade as if section 9342 did not apply.

9311

9318

9320

9324

Monthly basic pay of member’s retired grade.1

9314

9317

Monthly basic pay to which member was entitled on day before he retired.

9362

Monthly basic pay of grade to which member is advanced on retired list.
In the case of a member whose retired pay is computed under or who is entitled to retired pay computed under , the retired pay base is determined in accordance with the following table.
(2)

Rate of basic pay to be used .—

The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement.
(f)

Coast Guard .—

1
1 See References in Text note below.
In the case of a member who is retired under any section of title 14, the member’s retired pay is computed under section 423(a)  of title 14 in the manner provided in that section.
(g)

Commissioned Corps of National Oceanic and Atmospheric Administration .—

33 U.S.C. 3045In the case of an officer whose retired pay is computed under section 245 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (), the retired pay base is the basic pay of the rank with which the officer retired.
(h)

Commissioned Corps of Public Health Service .—

42 U.S.C. 211(g)In the case of an officer who is retired under section 210(g) or 211(a) of the Public Health Service Act (, 212(a)), the retired pay base is determined as follows:
(1)

Mandatory retirement .—

If the officer is retired under section 210(g) of such Act, the retired pay base is the basic pay of the permanent grade held by the officer at the time of retirement.
(2)

Voluntary retirement .—

If the officer is retired under section 211(a) of such Act, the retired pay base is the basic pay of the highest grade held by the officer and in which, in the case of a temporary promotion to such grade, the officer has performed active duty for not less than six months.
(i)

Special Rule for Former Chairmen and Vice Chairmen of the JCS, Chiefs of Service, Chief of the National Guard Bureau, Commanders of Combatant Commands, and Senior Enlisted Members.—

(1)

In general .—

section 161(c) of this titleFor the purposes of subsections (b) through (e), in determining the rate of basic pay to apply in the determination of the retired pay base of a member who has served as Chairman or Vice Chairman of the Joint Chiefs of Staff, as a Chief of Service, as Chief of the National Guard Bureau, as a commander of a unified or specified combatant command (as defined in ), or as the senior enlisted member of an armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, the highest rate of basic pay applicable to the member while serving in that position shall be used, if that rate is higher than the rate otherwise authorized by this section.
(2)

Exception for members reduced in grade or who do not serve satisfactorily .—

Paragraph (1) does not apply in the case of a member who, while or after serving in a position specified in that paragraph and by reason of conduct occurring after —
(A)
in the case of an enlisted member, is reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or other administrative process; or
(B)
1 in the case an officer, is not certified by the Secretary of Defense under section 1370(c)  of this title as having served on active duty satisfactorily in the grade of general or admiral, as the case may be, while serving in that position.
(3)

Definitions .—

In this subsection:
(A)
The term “Chief of Service” means any of the following:
(i)
Chief of Staff of the Army.
(ii)
Chief of Naval Operations.
(iii)
Chief of Staff of the Air Force.
(iv)
Commandant of the Marine Corps.
(v)
Chief of Space Operations.
(vi)
Commandant of the Coast Guard.
(B)
The term “senior enlisted member” means any of the following:
(i)
Sergeant Major of the Army.
(ii)
Master Chief Petty Officer of the Navy.
(iii)
Chief Master Sergeant of the Air Force.
(iv)
Sergeant Major of the Marine Corps.
(v)
Chief Master Sergeant of the Space Force.
(vi)
Master Chief Petty Officer of the Coast Guard.

Pub. L. 99–348, title I, § 104(b)100 Stat. 686 Pub. L. 100–180, div. A, title V, § 512(d)(2)101 Stat. 1090 Pub. L. 100–456, div. A, title XII, § 1233(c)102 Stat. 2057 Pub. L. 102–190, div. A, title XI, § 1131(7)105 Stat. 1506 Pub. L. 103–337, div. A, title XVI, § 1662(j)(4)108 Stat. 3004 Pub. L. 105–85, div. A, title X, § 1073(a)(23)111 Stat. 1901 Pub. L. 105–261, div. A, title VI, § 646112 Stat. 2050 Pub. L. 106–65, div. A, title X, § 1066(a)(11)113 Stat. 771 Pub. L. 107–372, title II, § 272(a)116 Stat. 3094 Pub. L. 108–136, div. A, title VI, § 643(a)117 Stat. 1517 Pub. L. 108–375, div. A, title X, § 1084(d)(9)118 Stat. 2061 Pub. L. 109–163, div. A, title V, § 509(d)(1)(B)119 Stat. 3231 Pub. L. 109–364, div. A, title V, § 502(d)(2)120 Stat. 2178 Pub. L. 111–84, div. A, title VI, § 643(d)(1)123 Stat. 2367 Pub. L. 113–291, div. A, title VI, § 603(d)128 Stat. 3398 Pub. L. 115–232, div. A, title VIII, § 809(a)132 Stat. 1840 Pub. L. 116–283, div. A, title V, § 508(b)(1)(A)134 Stat. 3585 Pub. L. 118–159, div. A, title V, § 521(g)(1)138 Stat. 1881 (Added , , ; amended , title XIII, § 1314(b)(6), , , 1175; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b), , ; , , ; , title VI, § 685(d), , , 3325; , title X, § 1071(a)(7), , , 2398; , , ; , , ; , , ; , title IX, § 924(b)(26), , , 3824; , , .)

Editorial Notes

References in Text

Section 423 of title 14section 2504 of title 14Pub. L. 115–282, title I, § 114(b)132 Stat. 4223 section 423 of title 14section 123(b)(1) of Pub. L. 115–282Pub. L. 115–282section 101 of Title 14, referred to in subsec. (f), was redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a References to Sections of Title 14 as Redesignated by note preceding , Coast Guard.

Section 1370(c) of this titlePub. L. 116–283, div. A, title V, § 508(a)(1)134 Stat. 3580 section 1370 of title 10section 1370a of title 10section 508(c) of Pub. L. 116–283section 1370 of this title, referred to in subsec. (i)(2)(B), was repealed and new sections 1370 and 1370a were enacted by , , . For provisions stating that in determining retired grade of certain commissioned officers of the Armed Forces who retire after , any reference to in such determination with respect to such officers is deemed to be a reference to , see , set out as a note under .

Prior Provisions

section 12738 of this titleA prior section 1406 was renumbered .

Amendments

Pub. L. 118–1592024—Subsec. (i)(3)(B)(v). substituted “Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”.

Pub. L. 116–283, § 508(b)(1)(A)2021—Subsec. (b)(2). , substituted “section 1370a” for “section 1370(d)”.

Pub. L. 116–283, § 924(b)(26)(A)Subsec. (e). , inserted “and Space Force” after “Air Force” in heading.

Pub. L. 116–283, § 924(b)(26)(B)(i)Subsec. (i)(3)(A)(v), (vi). , added cl. (v) and redesignated former cl. (v) as (vi).

Pub. L. 116–283, § 924(b)(26)(B)(ii)Subsec. (i)(3)(B)(v), (vi). , added cl. (v) and redesignated former cl. (v) as (vi).

Pub. L. 115–2322018—Subsec. (b)(1). substituted “sections 7342 and 9342” for “sections 3962 and 8962” in footnote 3 in table.

Pub. L. 115–232section 7361 of this titlesection 7362 of this titlesection 3991 of this titlesection 3992 of this titleSubsec. (c)(1). substituted “In the case of a member whose retired pay is computed under or who is entitled to retired pay computed under ” for “In the case of a member whose retired pay is computed under or who is entitled to retired pay computed under ” in introductory provisions, “7311” for “3911”, “7318” for “3918”, “7320” for “3920”, “7324” for “3924”, “7314” for “3914”, “7317” for “3917”, and “7362” for “3992” in column 1 of table, and “section 7342” for “section 3962” in footnote 1 in table.

Pub. L. 115–232section 8333 of this titlesection 8330 of this titlesection 6333 of this titlesection 6330 of this titleSubsec. (d). substituted “In the case of a member whose retired pay is computed under , who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under ,” for “In the case of a member whose retired pay is computed under , who is advanced on the retired list under section 6151 or 6334 of this title, or who is entitled to retainer pay under ,” in introductory provisions, “8323” for “6323”, “8325(a)” for “6325(a)”, “8372” for “6383”, “8325(b)” for “6325(b)”, “8326” for “6326”, “8330” for “6330”, “8262” for “6151”, and “8334” for “6334” in column 1 of table, and “section 8325(b)” for “section 6325(b)”, “section 8262” for “section 6151”, and “section 8334” for “section 6334” in column 2 of table.

Pub. L. 115–232section 9361 of this titlesection 9362 of this titlesection 8991 of this titlesection 8992 of this titleSubsec. (e)(1). substituted “In the case of a member whose retired pay is computed under or who is entitled to retired pay computed under ” for “In the case of a member whose retired pay is computed under or who is entitled to retired pay computed under ” in introductory provisions, “9311” for “8911”, “9318” for “8918”, “9320” for “8920”, “9324” for “8924”, “9314” for “8914”, “9317” for “8917”, and “9362” for “8992” in column 1 of table, and “section 9342” for “section 8962” in footnote 1 in table.

Pub. L. 113–291, § 603(d)(1)2014—Subsec. (i). , inserted “Chief of the National Guard Bureau,” after “Chiefs of Service,” in heading.

Pub. L. 113–291, § 603(d)(2)Subsec. (i)(1). , inserted “as Chief of the National Guard Bureau,” after “Chief of Service,” and “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an armed force”.

Pub. L. 113–291, § 603(d)(3)Subsec. (i)(3)(B)(vi). , struck out cl. (vi) which read as follows: “Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”

Pub. L. 111–84section 12741(a) of this title2009—Subsec. (b)(2). inserted “(or, in the case of a person entitled to retired pay by reason of an election under , at rates applicable on the date the person completes the service required under such section 12741(a))” after “when retired pay is granted”.

Pub. L. 109–364, § 502(d)(2)2006—Subsec. (b)(1). , in table inserted “1253” at end of column under heading “For a member entitled to retired pay under section:”.

Pub. L. 109–163, § 509(d)(1)(B), in table inserted “1252” at end of column under heading “For a member entitled to retired pay under section:”.

Pub. L. 109–364, § 1071(a)(7)Subsec. (i)(3)(B)(vi). , substituted “to” for “for”.

Pub. L. 109–163, § 685(d), added cl. (vi).

Pub. L. 108–37533 U.S.C. 30452004—Subsec. (g). substituted “section 245” for “section 305” and “Officer Corps Act of 2002 ()” for “Officers Act of 2002”.

Pub. L. 108–136section 161(c) of this title2003—Subsec. (i). inserted “Commanders of Combatant Commands,” after “Chiefs of Service,” in heading and “as a commander of a unified or specified combatant command (as defined in ),” after “Chief of Service,” in par. (1).

Pub. L. 107–37233 U.S.C. 853o2002—Subsec. (g). substituted “section 305 of the National Oceanic and Atmospheric Administration Commissioned Officers Act of 2002” for “section 16 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 ()”

Pub. L. 106–651999—Subsec. (i)(2). substituted “after ” for “on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999” in introductory provisions.

Pub. L. 105–2611998—Subsec. (i)(2), (3). added par. (2) and redesignated former par. (2) as (3).

Pub. L. 105–851997—Subsec. (b)(1). substituted “3962 and 8962” for “3962(b) and 8962(b)” in footnote 3 in table.

Pub. L. 105–85, § 1073(a)(23)(A)Subsec. (c)(1). , substituted “3962” for “3962(b)” in footnote 1 in table.

Pub. L. 105–85, § 1073(a)(23)(B)Subsec. (e)(1). , substituted “8962” for “8962(b)” in footnote 1 in table.

Pub. L. 103–3371994—Subsec. (b). substituted “Subtitle A or E” for “Subtitle A” in subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, in table struck out item for section 1331 which related to monthly basic pay of highest grade held satisfactorily by person at any time in armed forces, renumbered footnotes 3 and 4 as 2 and 3, respectively, and struck out former footnote 2 which provided for computations at rates applicable on date when retired pay is granted, and added par. (2).

Pub. L. 102–1901991—Subsec. (b). substituted “580” for “564” in table.

Pub. L. 100–4561988—Subsec. (b). substituted “satisfactorily by person” for “satisfactory by person” in item relating to section 1331 in table.

Pub. L. 100–180, § 512(d)(2)1987—Subsec. (d). , inserted “or 6334” after “6151” in text, and inserted item relating to section 6334 at end of table.

Pub. L. 100–180, § 1314(b)(6)Subsec. (i). , inserted “and Vice Chairmen” after “Chairmen” in heading and inserted “or Vice Chairman” after “Chairman” in par. (1).

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 2014 Amendment

Pub. L. 113–291, div. A, title VI, § 603(e)128 Stat. 3398

section 203 of Title 37section 205 of Title 37“This section [amending this section and sections 210 and 414 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as a note under , and amending provisions set out as a note under ] and the amendments made by this section shall take effect on the date of the enactment of this Act [], and shall apply with respect to months of service that begin on or after that date.”
, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, § 643(c)117 Stat. 1517

“The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply with respect to officers who first become entitled to retired pay under title 10, United States Code, on or after such date.”
, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1991 Amendment

Pub. L. 102–190section 1132 of Pub. L. 102–190section 521 of this titleAmendment by effective , see , set out as a note under .

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Grade on Transfer to Retired Reserve

Pub. L. 103–337, div. A, title XVI, § 1688108 Stat. 3025

section 1406(b) of title 10section 1370(d) of title 10section 10001 of this title“In determining the highest grade held satisfactorily by a person at any time in the Armed Forces for the purposes of paragraph (2) of , United States Code, as added by this title, the requirement for satisfactory service on the reserve active-status list contained in [former] , United States Code, as added by this title, shall apply only to reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion under chapter 36 of that title or under chapter 1405 of that title, as added by this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after the effective date of this title [see Effective Date note set out under ].”
, , , provided that:

section 1370 of title 10section 1370a of title 10section 508(c) of Pub. L. 116–283section 1370 of this title[In determining retired grade of certain commissioned officers of the Armed Forces who retire after , any reference to in such determination with respect to such officers deemed to be a reference to , see , set out as a note under .]