
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(c)(16)]
[CITE: 10USC12733]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
            CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
 
Sec. 12733. Computation of retired pay: computation of years of 
        service
        
    For the purpose of computing the retired pay of a person under this 
chapter, the person's years of service and any fraction of such a year 
are computed by dividing 360 into the sum of the following:
        (1) The person's days of active service.
        (2) The person's days of full-time service under sections 316, 
    502, 503, 504, and 505 of title 32 while performing annual training 
    duty or while attending a prescribed course of instruction at a 
    school designated as a service school by law or by the Secretary 
    concerned.
        (3) One day for each point credited to the person under clause 
    (B), (C), or (D) of section 12732(a)(2) of this title, but not more 
    than--
            (A) 60 days in any one year of service before the year of 
        service that includes September 23, 1996;
            (B) 75 days in the year of service that includes September 
        23, 1996, and in any subsequent year of service before the year 
        of service that includes the date of the enactment of the Floyd 
        D. Spence National Defense Authorization Act for Fiscal Year 
        2001; and
            (C) 90 days in the year of service that includes the date of 
        the enactment of the Floyd D. Spence National Defense 
        Authorization Act for Fiscal Year 2001 and in any subsequent 
        year of service.

        (4) One day for each point credited to the person under 
    subparagraph (E) of section 12732(a)(2) of this title.
        (5) 50 days for each year before July 1, 1949, and 
    proportionately for each fraction of a year, of service (other than 
    active service) in a reserve component of an armed force, in the 
    Army or the Air Force without component, or in any other category 
    covered by section 12732(a)(1) of this title, except a regular 
    component.

(Aug. 10, 1956, ch. 1041, 70A Stat. 103, Sec. 1333; Pub. L. 85-861, 
Sec. 33(a)(10), Sept. 2, 1958, 72 Stat. 1565; renumbered Sec. 12733 and 
amended Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 
1994, 108 Stat. 2998, 3002; Pub. L. 104-201, div. A, title V, 
Secs. 531(a), 543(b)(2), Sept. 23, 1996, 110 Stat. 2517, 2522; Pub. L. 
105-85, div. A, title X, Sec. 1073(a)(67), (c)(4), Nov. 18, 1997, 111 
Stat. 1904; Pub. L. 106-65, div. A, title V, Sec. 578(h)(2), Oct. 5, 
1999, 113 Stat. 628; Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 652], Oct. 30, 2000, 114 Stat. 1654, 1654A-163.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1333..................................  10:1036b (less 1st 91 words, and     Ju
ne 29, 1948, ch. 708, Secs.  303
                                         less 1st proviso).                   (
less 1st 91 words, and less 1st
                                        10:1036e(c) (as applicable to         p
roviso), 306 ((c) and (d), as
                                         determination of retired pay).       a
pplicable to determination of
                                        10:1036e(d) (as applicable to         r
etired pay), 62 Stat. 1088-1090;
                                         determination of retired pay).       S
ept. 7, 1949, ch. 547, Sec.  3,
                                        34:440j (less 1st 91 words, and       6
3 Stat. 693.
                                         less 1st proviso).
                                        34:440m(c) (as applicable to
                                         determination of retired pay).
                                        34:440m(d) (as applicable to
                                         determination of retired pay).
-------------------------------------------------------------------------------
---------------------------------

    The revised section consolidates provisions of 10:1036b and 1036e, 
and 34:440j and 440m, relating to the years of service that may be 
counted in determining retired pay for persons entitled to that pay 
under this chapter.
    Clause (1) is substituted for 10:1036b(i). In clause (3), the words 
``and proportionately for each fraction of a year'' are inserted to make 
clear that parts of years must be counted. 10:1036e(d) and 34:440m(d) 
are omitted as covered by sections 101(22) and 101(24) of this title.

                            1958 Act

    The change is necessary so that active service and service described 
in section 1332(a)(2)(A)(ii) that was performed on or before July 1, 
1949, may be counted in computing retired pay, as provided by the source 
law, section 303(i) of the Army and Air Force Vitalization and 
Retirement Equalization Act of 1948 (62 Stat. 1088) and in accordance 
with the opinion of the Judge Advocate General of the Army (JAGA 1956/
1908, Feb. 13, 1956).

                       References in Text

    The date of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, referred to in par. (3)(B), (C), 
is the date of enactment of Pub. L. 106-398, which was approved Oct. 30, 
2000.


                               Amendments

    2000--Par. (3). Pub. L. 106-398 substituted ``but not more than--'' 
and subpars. (A) to (C) for ``but not more than 60 days in any one year 
of service before the year of service that includes September 23, 1996, 
and not more than 75 days in any subsequent year of service.''
    1999--Pars. (4), (5). Pub. L. 106-65 added par. (4) and redesignated 
former par. (4) as (5).
    1997--Par. (3). Pub. L. 105-85, Sec. 1073(c)(4), made technical 
correction to directory language of Pub. L. 104-201, Sec. 531(a). See 
1996 Amendment note below.
    Pub. L. 105-85, Sec. 1073(a)(67), inserted a comma after ``(B)'' and 
substituted ``that includes September 23, 1996,'' for ``in which the 
date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1997 occurs''.
    1996--Par. (3). Pub. L. 104-201, Sec. 543(b)(2), substituted ``(C), 
or (D)'' for ``or (C)''.
    Pub. L. 104-201, Sec. 531(a), as amended by Pub. L. 105-85, 
Sec. 1073(c)(4), inserted before period at end ``of service before the 
year of service in which the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1997 occurs and not more than 
75 days in any subsequent year of service''.
    1994--Pub. L. 103-337 renumbered section 1333 of this title as this 
section, substituted ``Computation of retired pay: computation of years 
of service'' for ``Computation of years of service in computing retired 
pay'' as section catchline, and amended text generally, changing style 
and references to other sections.
    1958--Pub. L. 85-861 added cls. (1) and (2), struck out former cl. 
(1) which permitted the addition of the days of service credited under 
section 1332(a)(2)(A) of this title, and redesignated former cls. (2) 
and (3) as (3) and (4), respectively.


                    Effective Date of 1997 Amendment

    Section 1073(c) of Pub. L. 105-85 provided that the amendment made 
by that section is effective as of Sept. 23, 1996, and as if included in 
the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 
104-201, as enacted.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1208, 1405, 2126, 4342, 
6954, 9342, 12739 of this title.
