
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1402a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1402a. Recomputation of retired or retainer pay to reflect 
        later active duty of members who first became members after 
        September 7, 1980
        
    (a) In General.--A member of an armed force--
        (1) who first became a member of a uniformed service after 
    September 7, 1980;
        (2) who has become entitled to retired pay or retainer pay; and
        (3) who thereafter serves on active duty (other than for 
    training),

is entitled to recompute his retired pay or retainer pay upon release 
from that duty according to the following table.

------------------------------------------------------------------------
           Column 1 Take                    Column 2 Multiply by
------------------------------------------------------------------------
Retired pay base or retainer pay    The retired pay multiplier or
 base under section 1407 which he    retainer pay multiplier prescribed
 would be entitled to use if--       in section 1409 for the sum of--
    (1) he were retiring upon           (1) the years of service that
 release from that active duty; or   may be credited to him in computing
                                     retired pay or retainer pay; and
    (2) he were transferring to         (2) his years of active service
 the Fleet Reserve or Fleet Marine   after becoming entitled to retired
 Corps Reserve upon that release     pay or retainer pay.
 from active duty.
------------------------------------------------------------------------

    (b) New Disability Incurred During Later Active Duty.--A member of 
an armed force who first became a member of a uniformed service after 
September 7, 1980, who has been retired other than for physical 
disability and who while on active duty incurs a physical disability of 
at least 30 percent for which he would otherwise be eligible for retired 
pay under chapter 61 of this title, is entitled, upon his release from 
active duty, to retired pay under subsection (d).
    (c) Additional or Aggravated Disability Incurred During Later Active 
Duty.--A member of an armed force who first became a member of a 
uniformed service after September 7, 1980, and who--
        (1) was retired for physical disability under section 1201 or 
    1204 of this title or any other law or whose name is on the 
    temporary disability retired list;
        (2) incurs, while on active duty after retirement or after his 
    name was placed on the temporary disability retired list, a physical 
    disability that is in addition to or that aggravates the physical 
    disability for which he was retired or for which his name was placed 
    on that list; and
        (3) is qualified under section 1201, 1202, 1204, or 1205 of this 
    title;

is entitled, upon his release from active duty, to retired pay under 
subsection (d).
    (d) Computation for Later Disability.--A member of an armed force 
covered by subsection (b) or (c) may elect to receive either (1) the 
retired pay to which he became entitled when he retired, increased by 
any applicable adjustments in that pay under section 1401a of this title 
after he initially became entitled to that pay, or (2) retired pay 
computed according to the following table.

-------------------------------------------------------------------------------
-------------------------------------------------------------------------
          Column 1  Take                          Column 2  Multiply by        
                      Column 3  Add                  Column 4  Subtract
-------------------------------------------------------------------------------
-------------------------------------------------------------------------
The retired pay base computed      As member elects--                          
        Amount necessary to increase product of    Excess over 75 percent
 under section 1407(b) of this         (1) 2\1/2\ percent of years of service  
         columns 1 and 2 to 50 percent of pay       of retired or
 title.                             credited under section 1208 of this title; 
\1\ or   upon which computation is based, if        retainer pay base
                                       (2) the highest percentage of disability
         member is on temporary disability          upon which
                                    attained while on active duty after retirem
ent or   retired list.                              computation is based.
                                    after the date when his name was placed on
                                    temporary disability retired list, as the c
ase
                                    may be.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------
  \1\ 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 o
f a month.

    (e) Alternative Recomputation to Subsection (a) Formula.--
Notwithstanding subsection (a), a member covered by that subsection may 
elect, upon his release from that active duty, to have his retired pay 
or retainer pay--
        (1) computed according to the formula set forth in subsection 
    (a) but using the monthly retired pay base under which his retired 
    pay or retainer pay was computed when he entered on that active 
    duty; and
        (2) increased by any applicable adjustments in that pay under 
    section 1401a of this title after he initially became entitled to 
    that pay.

    (f) Additional 10 Percent for Certain Enlisted Members Credited With 
Extraordinary Heroism.--(1) In the case of a member who is entitled to 
recompute retired pay under this section upon release from active duty 
served after retiring under section 3914 or 8914 of this title, the 
member's retired pay as recomputed under another provision of this 
section shall be increased by 10 percent of the amount so recomputed if 
the member has been credited by the Secretary concerned with 
extraordinary heroism in the line of duty during any period of active 
duty service in the armed forces.
    (2) The amount of the retired pay as recomputed under another 
provision of this section and as increased under paragraph (1) may not 
exceed the amount equal to 75 percent of the retired pay base upon which 
the recomputation of such retired pay is based.
    (3) The determination of the Secretary concerned as to extraordinary 
heroism is conclusive for all purposes.

(Added Pub. L. 96-342, title VIII, Sec. 813(b)(3)(A), Sept. 8, 1980, 94 
Stat. 1102; amended Pub. L. 96-513, title V, Sec. 511(51)(A), (B), Dec. 
12, 1980, 94 Stat. 2924; Pub. L. 98-94, title IX, Secs. 922(a)(5), (6), 
923(a)(1), (2)(D), (E), Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 99-
348, title II, Sec. 201(b)(1), (2), July 1, 1986, 100 Stat. 693; Pub. L. 
102-484, div. A, title VI, Sec. 642(b), Oct. 23, 1992, 106 Stat. 2425.)


                               Amendments

    1992--Subsec. (f). Pub. L. 102-484 added subsec. (f).
    1986--Subsec. (a). Pub. L. 99-348, Sec. 201(b)(1), amended subsec. 
(a) generally. Prior to the amendment, subsec. (a) read as follows: ``A 
member of an armed force who first became a member of a uniformed 
service (as defined in section 1407(a)(2) of this title) after September 
7, 1980, who has become entitled to retired pay or retainer pay, and who 
thereafter serves on active duty (other than for training), is entitled 
to recompute his retired pay or retainer pay upon his release from that 
duty according to the following table. The amount recomputed, if not a 
multiple of $1, shall be rounded to the next lower multiple of $1.''
    Subsec. (b). Pub. L. 99-348, Sec. 201(b)(2)(A), inserted heading.
    Subsec. (c). Pub. L. 99-348, Sec. 201(b)(2)(B), inserted heading.
    Subsec. (d). Pub. L. 99-348, Sec. 201(b)(2)(C), inserted heading, 
struck out provision that if the amount recomputed is not a multiple of 
$1, it be rounded to the next lower multiple of $1, and in column 1 of 
table struck out ``monthly'' before ``retired pay'' and in column 4 of 
table struck out ``monthly'' before ``retired or''.
    Subsec. (e). Pub. L. 99-348, Sec. 201(b)(2)(D), inserted heading.
    1983--Subsec. (a). Pub. L. 98-94, Sec. 922(a)(5), substituted 
``according to the following table. The amount recomputed, if not a 
multiple of $1, shall be rounded to the next lower multiple of $1.'' for 
``as follows:''.
    Pub. L. 98-94, Sec. 923(a)(1), (2)(D), in footnote 1 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''.
    Subsec. (d). Pub. L. 98-94, Sec. 922(a)(6), substituted ``according 
to the following table. The amount computed, if not a multiple of $1, 
shall be rounded to the next lower multiple of $1.'' for ``as 
follows:''.
    Pub. L. 98-94, Sec. 923(a)(1), (2)(E), in footnote 1 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. 511(51)(B), substituted ``of members who 
first became members after September 7, 1980'' for ``in case of members 
who first became members after the enactment of the Department of 
Defense Authorization Act, 1981'' in section catchline.
    Subsecs. (a) to (c). Pub. L. 96-513, Sec. 511(51)(A), substituted 
``after September 7, 1980'' for ``on or after the date of the enactment 
of the Department of Defense Authorization Act, 1981'' wherever 
appearing.


                    Effective Date of 1983 Amendment

    Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983, 
see section 922(e) of Pub. L. 98-94, set out as a note under section 
1401 of this title.
    Amendment by section 923 of Pub. L. 98-94 applicable with respect to 
(1) the computation of retired or retainer pay of any individual who 
becomes entitled to that pay after Sept. 30, 1983, and (2) the 
recomputation of retired pay under this section, of any individual who 
after Sept. 30, 1983, becomes entitled to recompute retired pay under 
this section, 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 Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


             Accrual of Benefits; Prospective Applicability

    No benefits to accrue for months beginning before Oct. 23, 1992, by 
reason of the amendment by Pub. L. 102-484, see section 642(c) of Pub. 
L. 102-484, set out as a note under section 1402 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1373, 1403, 6330 of this 
title; title 37 section 205.
