
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 641(c)]
[CITE: 10USC1401]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1401. Computation of retired pay

    (a) Disability, Non-Regular Service, Warrant Officer, and DOPMA 
Retirement.--The monthly retired pay of a person entitled thereto under 
this subtitle is computed according to the following table. For each 
case covered by a section of this title named in the column headed ``For 
sections'', retired pay is computed by taking, in order, the steps 
prescribed opposite it in columns 1, 2, 3, and 4, as modified by the 
applicable footnotes.

-------------------------------------------------------------------------------
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Formula     For
  No.    sections                Column 1  Take                         Column 
2  Multiply by                 Column 3  Add          Column 4  Subtract
-------------------------------------------------------------------------------
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      1      1201  Retired pay base as computed under section  As member elects
--                                                  Excess over 75% of
             1204   1406(b) or 1407.                               (1) 2\1/2\% 
of years of service                                  retired pay base
                                                                credited to him
 under section 1208;                                 upon which
                                                                \1\ or         
                                                     computation is
                                                                   (2) the perc
entage of disability                                 based.
                                                                on date when re
tired.
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      2      1202  Retired pay base as computed under section  As member elects
--                      Amount necessary to         Excess over 75% of
             1205   1406(b) or 1407.                               (1) 2\1/2\% 
of years of service      increase product of         retired pay base
                                                                credited to him
 under section 1208;     columns 1 and 2 to 50% of   upon which
                                                                \1\ or         
                         retired pay base upon       computation is
                                                                   (2) the perc
entage of disability     which computation is        based.
                                                                on date when hi
s name was placed on     based.
                                                                temporary disab
ility retired list.
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      4       580  Retired pay base as computed under section  The retired pay 
multiplier prescribed
             1263   1406(b) or 1407.                            in section 1409
(a) for the years of
             1293                                               service credite
d to him under section
             1305                                               1405.
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      5       633  Retired pay base as computed under section  The retired pay 
multiplier prescribed
              634   1406(b) or 1407.                            in section 1409
(a) for the years of
              635                                               service credite
d to him under section
              636                                               1405.
             1251
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\1\ Before applying percentage factor, credit each full month of service that i
s in addition to the number of full years of service creditable to the
  member as one-twelfth of a year and disregard any remaining fractional part o
f a month.

    (b) Use of Most Favorable Formula.--If a person would otherwise be 
entitled to retired pay computed under more than one formula of the 
table in subsection (a) or of any other provision of law, the person is 
entitled to be paid under the applicable formula that is most favorable 
to him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 106; Pub. L. 85-422, Secs. 6(7), 
11(a)(2), May 20, 1958, 72 Stat. 129, 131; Pub. L. 88-132, Sec. 5(h)(1), 
Oct. 2, 1963, 77 Stat. 214; Pub. L. 89-132, Sec. 6, Aug. 21, 1965, 79 
Stat. 547; Pub. L. 90-207, Sec. 3(1), Dec. 16, 1967, 81 Stat. 653; Pub. 
L. 92-455, Sec. 1, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96-342, title 
VIII, Sec. 813(b)(1), Sept. 8, 1980, 94 Stat. 1102; Pub. L. 96-513, 
title I, Sec. 113(a), title V, Sec. 511(49), Dec. 12, 1980, 94 Stat. 
2876, 2924; Pub. L. 98-94, title IX, Secs. 922(a)(1), 923(a)(1), (2)(A), 
Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 98-557, Sec. 35(b), Oct. 30, 
1984, 98 Stat. 2877; Pub. L. 99-348, title II, Sec. 201(a), July 1, 
1986, 100 Stat. 691; Pub. L. 102-484, div. A, title X, Sec. 1052(18), 
Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103-337, div. A, title XVI, 
Sec. 1662(j)(2), Oct. 5, 1994, 108 Stat. 3004.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1401 Introductory clause..............  10:600l(f) (1st sentence, less       Ju
ne 29, 1948, ch. 708, Sec.  303
                                         applicability to retired grade).     (
1st 91 words and 1st proviso), 62
                                        34:430(f) (1st sentence, less         S
tat. 1088.
                                         applicability to retired grade).    Oc
t. 12, 1949, ch. 681, Secs.
1401(1)...............................  37:272(d) (less 1st 55 words; less    4
02(d) (less 30th through 55th
                                         104th through 128th words, as        w
ords; less 104th through 128th
                                         applicable to retired grade; and     w
ords, as applicable to retired
                                         less 1st, 2d, 4th, 5th, and last     g
rade; and less 2d, 5th, and last
                                         provisos).                           p
rovisos), 402(e) (1st proviso of
                                        37:272(e) (1st proviso of last        l
ast sentence), 63 Stat. 818, 819.
                                         sentence).
1401(2)...............................  37:272(d) (1st 29, and 51st through  Ma
y 29, 1954, ch. 249, Sec.  14(d)
                                         55th, words, and 4th proviso).       (
less 1st sentence), (f) (1st
                                        10:1036b (1st 91 words and 1st        s
entence, less applicability to
1401(3)...............................   proviso).                            r
etired grade; and last sentence),
                                        34:440j (1st 91 words and 1st         6
8 Stat. 163, 164.
                                         proviso).
1401(4)...............................  10:600l(d) (2d sentence).
                                        10:600l(f) (last sentence).
                                        34:430(d) (2d sentence).
                                        34:430(f) (last sentence).
1401, footnote 1.                       [No source].
1401, footnote 2.                       [No source].
1401, footnote 3.                       37:272(d) (1st proviso); 10:600l(d)
                                         (less 1st and 2d sentences).
                                        34:430(d) (less 1st and 2d
                                         sentences).
-------------------------------------------------------------------------------
---------------------------------

    In the introductory paragraph, the applicability of the rule stated 
in the third sentence to situations not expressly covered by the laws 
named in the source statutes above is a practical construction that the 
rule must be reciprocally applied in all cases.
    In formula No. 1, the words ``whichever is earlier'', in 37:272(d) 
(clause (2)), are omitted, since they are contrary to the rule stated in 
37:272(e) (1st proviso of last sentence).
    In formula No. 3, the computation is based on monthly pay instead of 
annual pay to conform to the other formulas of the revised section. The 
words ``basic pay'' are substituted for the words ``base and longevity 
pay'' to conform to the terminology of the Career Compensation Act of 
1949 (37 U.S.C. 231 et seq.). The words ``which he would receive if 
serving, at the time granted such pay, on active duty'' are omitted as 
surplusage and to conform to the other formulas of the revised section, 
since the effect of these words is covered by footnote 1. The words ``at 
any time'' are substituted for the words ``during his entire period of 
service''.
    Footnotes 1 and 2 reflect the long-standing construction of those 
provisions dealing with computation of retired pay which do not 
specifically provide that the member is entitled to compute his retired 
pay on the basis of the monthly basic pay to which he would be entitled 
if he were on active duty in his retired grade. The pertinent basic 
computation provisions for such retirement either provide for 
computation of retired pay on the same basis as the provisions dealing 
with higher retired grade, or the basic retirement provisions were 
enacted after the provisions authorizing higher retired grade. The words 
``at rates applicable on date of retirement * * * and adjust to reflect 
later changes in permanent rates'', in footnote 1; and all of footnote 
2; are based on the source statutes incorporated in the formulas to 
which footnotes 1 and 2 apply, as interpreted in an opinion of the Judge 
Advocate General of the Army (1953/4120, 14 May 1953).
    In footnote 3, the words ``and disregard a part of a year that is 
less than six months'' are made applicable to formulas Nos. 1 and 2. The 
legislative history of the Career Compensation Act of 1949 (Hearings 
before the Committee on Armed Services of the Senate on H.R. 5007, 81st 
Congress, First Session, page 313, July 6, 1949) indicates that the 
provisions, upon which formulas Nos. 1 and 2 are based, should be 
construed to require that a fraction of less than one-half of a year be 
disregarded. It also indicates that other retirement laws that are also 
silent on this point should be similarly construed.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337 in table struck out formula 
number 3 which provided formula for computing retired pay under former 
section 1331 of this title.
    1992--Subsec. (a). Pub. L. 102-484 substituted ``580'' for ``564'' 
in column in table under heading ``For sections''.
    1986--Subsec. (a). Pub. L. 99-348, Sec. 201(a)(1), (2), designated 
existing provision as subsec. (a), added heading, and struck out third, 
fourth, and fifth sentences which read as follows: ``The amount 
computed, if not a multiple of $1, shall be rounded to the next lower 
multiple of $1. However, if a person would otherwise be entitled to 
retired pay computed under more than one pay formula of this table or of 
any other provision of law, he is entitled to be paid under the 
applicable formula that is most favorable to him. Section references 
below are to sections of this title.''
    Pub. L. 99-348, Sec. 201(a)(3), amended column 1 of table generally 
by substituting provisions that retired pay be computed by taking the 
retired pay base as computed under section 1406(b) or 1407 of this title 
for provisions that retired pay be computed for a person who first 
became a member of a uniformed service, as defined in section 1407(a)(2) 
of this title, after Sept. 7, 1980, by taking the monthly retired pay 
base as computed under section 1407(b) of this title, and for all 
others, by taking the monthly basic pay to which the member was entitled 
under various circumstances.
    Pub. L. 99-348, Sec. 201(a)(4), substituted in column 2 of table a 
multiplier of the retired pay multiplier prescribed in section 1409(a) 
for the years of service credited to him under section 1405 for a 
multiplier of 2\1/2\% of years of service credited under section 1405 
for formulas 4 and 5 and struck out ``Excess over 75% of pay upon which 
computation is based.'' in column 4 of table for formulas 4 and 5.
    Pub. L. 99-348, Sec. 201(a)(5), in columns 3 and 4 substituted 
``retired pay base'' for ``pay'' wherever appearing.
    Pub. L. 99-348, Sec. 201(a)(6), redesignated footnote 3 as 1, and 
struck out former footnote 1 which provided computation at rates 
applicable on date of retirement or date when the member's name was 
placed on temporary disability retired list, as the case may be, 
footnote 2 which provided computation at rates applicable on the date 
when retired pay is granted, footnote 4 which provided computation at 
the highest rates of basic pay applicable to an officer who served as 
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief 
of Naval Operations, chief of Staff of the Air Force, Commandant of the 
Marine Corps, or Commandant of the Coast Guard, while so serving in that 
office and computation at the highest rate of basic pay applicable to an 
enlisted person who has served as sergeant major of the Army, master 
chief petty officer of the Navy, chief master sergeant of the Air Force, 
sergeant major of the Marine Corps, or master chief petty officer of the 
Coast Guard, while he served if that rate is higher than the rate 
authorized by the table, and footnote 5 which provided for purposes of 
this section that an officer's retired grade be determined as if 
sections 3962(b) and 8962(b) did not apply.
    Pub. L. 99-348, Sec. 201(a)(7), in column 2 of table substituted 
footnote 1 designation for footnote 3 designation wherever appearing.
    Subsec. (b). Pub. L. 99-348, Sec. 201(a)(8), added subsec. (b).
    1984--Pub. L. 98-557 inserted reference to Commandant of the Coast 
Guard in footnote 4 of table.
    1983--Pub. L. 98-94, Sec. 922(a)(1), inserted ``The amount computed, 
if not a multiple of $1, shall be rounded to the next lower multiple of 
$1.''
    Pub. L. 98-94, Sec. 923(a)(1), (2)(A), in footnote 3 of table, 
substituted ``Before applying percentage factor, credit each full month 
of service that is in addition to the number of full years of service 
creditable to the member as one-twelfth of a year and disregard any 
remaining fractional part of a month'' for ``Before applying percentage 
factor, credit a part of a year that is six months or more as a whole 
year, and disregard a part of a year that is less than six months''.
    1980--Pub. L. 96-513, Sec. 113(a), inserted formula 5 in table of 
formulae set out in the section and added footnote 5.
    Pub. L. 96-513, Sec. 511(49), in formula 4 table of sections struck 
out reference to section 1255, in heading for Column 1 substituted 
reference to Sept. 7, 1980, for reference to date of enactment of 
Department of Defense Authorization Act, 1981, and in footnote 4 
substituted reference to master chief petty officer of the Navy, for 
reference to senior enlisted advisor of the Navy.
    Pub. L. 96-342 in heading for column 1 of table inserted provisions 
respecting applicability to persons becoming members after the date of 
the enactment of the Department of Defense Authorization Act, 1981.
    1972--Pub. L. 92-455 substituted in second sentence of footnote 4 of 
table ``chief master sergeant of the Air Force, sergeant major of the 
Marine Corps, or master chief petty officer of the Coast Guard,'' for 
``chief master sergeant of the Air Force, or sergeant major of the 
Marine Corps,''.
    1967--Pub. L. 90-207 inserted sentence to footnote 4 of table 
requiring the computation of retired pay for an enlisted person who has 
served as senior noncommissioned officer of his service at the highest 
rate of basic pay applicable to him while he so served, if that rate is 
higher than the rate authorized by the table.
    1965--Pub. L. 89-132 struck out ``increased, for members credited 
with two or less years of service for basic pay purposes, by 6%'' from 
column 1 of formula 1 and column 1 of formula 2.
    1963--Pub. L. 88-132 struck out from footnote 1 of table ``, and 
adjust to reflect later changes in applicable permanent rates'' after 
``as the case may be.''
    1958--Pub. L. 85-422, Sec. 6(7)(A), inserted provisions in Column 1 
of formulas 1 and 2 permitting the taking of the monthly basic pay to 
which a member was entitled on the day before retirement or placement on 
temporary disability retired list, increased, for members credited with 
two or less years of service for basic pay purposes, by 6 percent.
    Pub. L. 85-422, Sec. 11(a)(2), substituted ``under section 1405 of 
this title'' for ``in computing basic pay'' in column 2 of formula 4.
    Pub. L. 85-422, Sec. 6(7)(B), added footnote 4.


                    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 1984 Amendment

    Section 35(c) of Pub. L. 98-557 provided that: ``The amendments made 
by this section [amending this section and provisions set out as a note 
under section 1009 of Title 37, Pay and Allowances of the Uniformed 
Services] shall become effective on October 1, 1984''.


                    Effective Date of 1983 Amendment

    Section 922(e) of Pub. L. 98-94 provided that: ``The amendments made 
by this section [enacting section 6333 of this title and amending this 
section, sections 1401a, 1402, 1402a, 1437, 1451, 3991, 3992, 6151, 
6383, 8991, and 8992 of this title, section 423 of Title 14, Coast 
Guard, section 853o of Title 33, Navigation and Navigable Waters, 
section 212 of Title 42, The Public Health and Welfare] shall take 
effect on October 1, 1983.''
    Amendment by section 923 of Pub. L. 98-94 applicable with respect to 
the computation of retired or retainer pay of any individual who becomes 
entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 
98-94, set out as a note under section 1174 of this title.


                    Effective Date of 1980 Amendment

    Amendment by section 113(a) of Pub. L. 96-513 effective Sept. 15, 
1981, but the authority to prescribe regulations under the amendment by 
Pub. L. 96-513 effective on Dec. 12, 1980, and amendment by section 
511(49) of Pub. L. 96-513 effective Dec. 12, 1980, see section 701 of 
Pub. L. 96-513, set out as a note under section 101 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-207 effective Oct. 1, 1967, see section 7 of 
Pub. L. 90-207, set out as a note under section 203 of Title 37, Pay and 
Allowances of the Uniformed Services.


                    Effective Date of 1965 Amendment

    Amendment by Pub. L. 89-132 effective Sept. 1, 1965, see section 10 
of Pub. L. 89-132, set out as a note under section 203 of Title 37, Pay 
and Allowances of the Uniformed Services.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay 
and Allowances of the Uniformed Services.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of 
Pub. L. 85-422.


                      Short Title of 1986 Amendment

    Section 1(a) of Pub. L. 99-348 provided that: ``This Act [enacting 
sections 134a, 1406, 1407, and 1409 to 1412 of this title, redesignating 
former section 1406 of this title as section 1338 [now 12738] of this 
title, amending this section, sections 101, 135, 136a, 716, 1040, 1338 
[now 12738], 1401a, 1402, 1402a, 1405, 1447, 1451, 1452, 2830, 3925, 
3991, 3992, 5083, 5201, 6151, 6322, 6323, 6325, 6326, 6330, 6333, 6383, 
8925, 8991, and 8992 of this title, sections 5313 and 5314 of Title 5, 
Government Organization and Employees, sections 46, 47, 51, 288, 291 to 
293, 327, 334, 353 to 355, 357, 362, and 421 to 424 of Title 14, Coast 
Guard, section 853o of Title 33, Navigation and Navigable Waters, and 
sections 211 and 212 of Title 42, The Public Health and Welfare, 
repealing former section 1407 and section 6328 of this title, enacting 
provisions set out as notes under this section and sections 135 and 
12731 of this title, and repealing provisions set out as notes under 
this section and section 6330 of this title] may be cited as the 
`Military Retirement Reform Act of 1986'.''


                      Short Title of 1982 Amendment

    Pub. L. 97-252, title X, Sec. 1001, Sept. 8, 1982, 96 Stat. 730, 
provided that: ``This title [enacting section 1408 of this title, 
amending sections 1072, 1076, 1086, 1447, 1448, and 1450 of this title, 
and enacting provisions set out as notes under sections 1408 and 2208 of 
this title] may be cited as the `Uniformed Services Former Spouses' 
Protection Act'.''


   Recomputation of Retired Pay for Certain Recently Retired Officers

    Pub. L. 106-65, div. A, title VI, Sec. 601(e), Oct. 5, 1999, 113 
Stat. 648, provided that: ``In the case of a commissioned officer of the 
uniformed services who retired during the period beginning on April 30, 
1999, through December 31, 1999, and who, at the time of retirement, was 
in pay grade O-7, O-8, O-9, or O-10, the retired pay of that officer 
shall be recomputed, effective as of January 1, 2000, using the rate of 
basic pay that would have been applicable to the computation of that 
officer's retired pay if the provisions of paragraph (2) of section 
203(a) of title 37, United States Code, as added by subsection (d), had 
taken effect on April 30, 1999.''


                         Six-Month Rounding Rule

    Section 305(b) of Pub. L. 99-348 provided that:
    ``(1) General rule.--Retired pay or retainer pay may not be paid to 
a covered member of the Armed Forces (as defined in paragraph (3)) for 
any month in an amount that is greater than the amount otherwise 
determined to be payable after such reductions as may be necessary to 
reflect adjusting the computation of retired pay or retainer pay that 
includes credit for a part of a year of service to permit credit for a 
part of a year of service only for such month or months actually served.
    ``(2) Exceptions.--The limitation in paragraph (1) does not apply to 
a member who before January 1, 1982--
        ``(A) applied for retirement or transfer to the Fleet Reserve or 
    Fleet Marine Corps Reserve;
        ``(B) was being processed for retirement under the provisions of 
    chapter 61 of title 10, United States Code, or who was on the 
    temporary disability retired list and thereafter retired under the 
    provisions of section 1210(c) or 1210(d) of such title; or
        ``(C) was retired or in an inactive status and would have been 
    eligible for retired pay under the provisions of chapter 67 [now 
    1223] of such title, but for the fact that the person was under 60 
    years of age.
    ``(3) Definition of covered member.--For the purposes of this 
subsection, the term `covered member of the Armed Forces' means a member 
of the Armed Forces who became entitled to retired or retainer pay 
during the period beginning on January 1, 1982, and ending on September 
30, 1983.
    ``(4) Repeal of source law.--Section 8054 of the Department of 
Defense Appropriations Act, 1985 (as contained in section 101(h) of 
Public Law 98-473) [formerly set out as a note below], is repealed.
    ``(5) Cross reference.--For the effective date of October 1, 1983, 
for provisions making permanent programmatic changes in law to 
accomplish the policy provided in such section 8054 (and prior 
provisions of law), see section 923(h) of the Department of Defense 
Authorization Act, 1984 (Public Law 98-94) [probably means section 
923(g) of Pub. L. 98-94, set out as an Effective Date of 1983 Amendment 
note under section 1174 of this title].''


 Limitation on Payment of Retired or Retainer Pay To Reflect Fractional 
                            Year Adjustments

    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8054], Oct. 
12, 1984, 98 Stat. 1904, 1933, prohibited, with certain exceptions, 
payment of retired pay or retainer pay of a member of the Armed Forces 
for any month who, on or after January 1, 1982, became entitled to 
retired or retainer pay, in an amount greater than the amount otherwise 
determined payable after reductions necessary to reflect adjusting the 
computation of retired pay or retainer pay that includes credit for part 
of a year of service to permit credit for a part of a year of service 
only for such month or months actually served, prior to repeal by Pub. 
L. 99-348, title III, Sec. 305(b)(4), July 1, 1986, 100 Stat. 705.


Increase in Pay and Allowances of Certain Persons Who Served as Generals 
of the Army, Fleet Admirals of the Navy, General of the Marine Corps, or 
                       Admiral in the Coast Guard

    Section 5 of Pub. L. 90-207 provided that: ``Notwithstanding any 
other provision of law, a member of an armed force who is entitled to 
pay and allowances under any of the following provisions of law on 
September 30, 1967, shall continue to receive the pay and allowances to 
which he was entitled on that day plus an increase of 4.5 per centum in 
the total of his pay and allowances:
        ``(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).
        ``(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).
        ``(3) The Act of September 18, 1950, chapter 952 (64 Stat. 
    A224).''


 Increase in Retired or Retainer Pay of Members Entitled Thereto on or 
                          After October 1, 1967

    Section 6 of Pub. L. 90-207 provided that: ``Notwithstanding any 
other provision of law, a member or former member of a uniformed service 
who initially becomes entitled to retired pay or retainer pay on or 
after October 1, 1967, shall be entitled to have that pay computed using 
the rates of basic pay prescribed by the first section of this Act 
[amending section 203(a) of Title 37].''


                  Increases in Retired or Retainer Pay

    Pub. L. 89-501, title III, Sec. 303, July 13, 1966, 80 Stat. 278, 
provided that: ``Notwithstanding any other provision of law, a member or 
former member of a uniformed service who initially becomes entitled to 
retired pay or retainer pay on the effective date of this title shall be 
entitled to have that pay computed using the rates of basic pay 
prescribed by the first section of this title [amending section 203(a) 
of Title 37].''
    Effective date of section 303 of Pub. L. 89-501 as the first day of 
the first pay period which begins on or after July 1, 1966, see section 
304 of Pub. L. 89-501, set out as Effective Date of 1966 Amendments note 
under section 203 of Title 37, Pay and Allowances of the Uniformed 
Services.
    Section 5(a) of Pub. L. 89-132 provided that: ``The retired pay or 
retainer pay of a member or former member of a uniformed service who is 
entitled to that pay computed under rates of basic pay in effect before 
the effective date of this Act [Sept. 1, 1965] shall be increased, 
effective that date, by the per centum (adjusted to the nearest one-
tenth of 1 per centum) that the Consumer Price Index (all items--United 
States city average), published by the Bureau of Labor Statistics, for 
the calendar month immediately preceding the effective date of this Act 
has increased over the average monthly index for calendar year 1962.''


  Continuation of Pay and Allowances of Certain Persons Who Served as 
Generals of the Army, Fleet Admirals of the Navy, General of the Marine 
                  Corps, or Admiral in the Coast Guard

    Section 7 of Pub. L. 89-132 provided that: ``Notwithstanding any 
other provision of law, a member of an armed force who was entitled to 
pay and allowances under any of the following provisions of law on the 
day before the effective date of this Act [Sept. 1, 1965] shall continue 
to receive the pay and allowances to which he was entitled on that day:
        ``(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).
        ``(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).
        ``(3) The Act of September 18, 1950, chapter 952 (64 Stat. 
    A224).''


     Increase in Retired Pay to Persons Retired Before June 1, 1958

    Section 4 of Pub. L. 85-422, as amended by Pub. L. 85-855, 
Sec. 1(a), Aug. 28, 1958, 72 Stat. 1104, provided that:
    ``(a) Except for members covered by section 7 of this Act, members 
and former members of the uniformed services who are entitled to retired 
pay, retirement pay, retainer pay, or equivalent pay, on the day before 
the effective date of this Act [June 1, 1958], shall be entitled to an 
increase of 6 per centum of that pay to which they were entitled on that 
date.
    ``(b) Notwithstanding any other provision of law, a member of a 
uniformed service retired under any provision of law, or transferred to 
the Fleet Reserve or Fleet Marine Corps Reserve, on the effective date 
of this Act [June 1, 1958] shall have his retired pay or retainer pay 
computed on the basis of the rates of basic pay set forth in the Career 
Compensation Act of 1949, as amended by this Act, or on the rates of 
basic pay set forth in the Career Compensation Act of 1949 on the day 
before the effective date of this Act, plus 6 per centum of that pay, 
whichever is greater.
    ``(c) Section 5 of the Career Incentive Act of 1955 (69 Stat. 22) 
does not apply to any person who is retired, or to whom retired pay, 
retirement pay, retainer pay, or equivalent pay (including temporary 
disability retired pay) is granted, on or after the effective date of 
this Act [June 1, 1958]''.
    Section 1(b) of Pub. L. 85-855 provided that the amendment of 
section 4(a) of Pub. L. 85-422, which eliminated the words ``and persons 
with two or less years of service for basic pay purposes who were 
retired for physical disability or placed on the temporary disability 
retired list'' preceding ``members and former members'' should be 
effective June 1, 1958.


                          Public Health Service

    Authority vested by this chapter in ``military departments'', ``the 
Secretary concerned'', or ``the Secretary of Defense'' to be exercised, 
with respect to commissioned officers of Public Health Service, by 
Secretary of Health and Human Services or his designee, see section 213a 
of Title 42, The Public Health and Welfare.


             National Oceanic and Atmospheric Administration

    Authority vested by this chapter in ``military departments'', ``the 
Secretary concerned'', or ``the Secretary of Defense'' to be exercised, 
with respect to commissioned officer corps of National Oceanic and 
Atmospheric Administration, by Secretary of Commerce or his designee, 
see section 857a of Title 33, Navigation and Navigable Waters.

                  Section Referred to in Other Sections

    This section is referred to in sections 580, 1201, 1202, 1204, 1205, 
1210, 1403, 3991, 8991 of this title; title 5 section 5532; title 33 
section 857a; title 42 section 213a.
