
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: 10USC1406]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 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 September 8, 1980, is computed using the retired pay 
    base or retainer pay base determined under this section.
        (2) Exception for recomputation.--Recomputation of retired or 
    retainer pay to reflect later active duty is provided for under 
    section 1402 of this title 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.--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.

------------------------------------------------------------------------
  For a member entitled to retired pay under
                   section:                     The retired pay base is:
------------------------------------------------------------------------
                     1201                      Monthly basic pay \1\ of
                     1202                       grade to which member is
                     1204                       entitled under section
                     1205                       1372 or to which he was
                                                entitled on day before
                                                retirement or placement
                                                on temporary disability
                                                retired list, whichever
                                                is higher.

------------------------------------------------------------------------
                      580                      Monthly basic pay to
                     1263                       which member would have
                     1293                       been entitled if he had
                     1305                       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                      Monthly basic pay \2\ of
                      634                       member's retired
                      635                       grade.\3\
                      636
                     1251
------------------------------------------------------------------------
\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 3962 and 8962 did not apply.

        (2) Non-regular service retirement.--In the case of a person who 
    is entitled to retired pay under section 12731 of this title, the 
    retired pay base is the monthly basic pay, determined at the rates 
    applicable on the date when retired pay is granted, 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 section 1370(d) of this title.

    (c) Voluntary Retirement for Members of the Army.--
        (1) In general.--In the case of a member whose retired pay is 
    computed under section 3991 of this title or who is entitled to 
    retired pay computed under section 3992 of this title, the retired 
    pay base is determined in accordance with the following table.

------------------------------------------------------------------------
  For a member entitled to retired pay under
                   section:                     The retired pay base is:
------------------------------------------------------------------------
                     3911                      Monthly basic pay of
                     3918                       member's retired
                     3920                       grade.\1\
                     3924

------------------------------------------------------------------------
                     3914                      Monthly basic pay to
                     3917                       which member was
                                                entitled on day before
                                                he retired.

------------------------------------------------------------------------
                     3992                      Monthly basic pay of
                                                grade to which member is
                                                advanced on retired
                                                list.
------------------------------------------------------------------------
\1\ For the purposes of this subsection, determine member's retired
  grade as if section 3962 did not apply.

        (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.--In the 
case of a member whose retired pay is computed under section 6333 of 
this title, who is advanced on the retired list under section 6151 or 
6334 of this title, or who is entitled to retainer pay under section 
6330 of this title, the retired pay base or retainer pay base is 
determined in accordance with the following table.

------------------------------------------------------------------------
 For a member entitled to retired or retainer   The retired pay base or
              pay under section:                 retainer pay base is:
------------------------------------------------------------------------
                   6323                        Basic pay of the grade in
                   6325(a)                      which the member
                   6383                         retired.\1\

------------------------------------------------------------------------
                   6325(b)                     Basic pay of the grade
                                                the officer would hold
                                                if he had not received
                                                an appointment described
                                                in section 6325(b).

------------------------------------------------------------------------
                   6326                        Basic pay of the pay
                                                grade in which the
                                                member was serving on
                                                the day before
                                                retirement.

------------------------------------------------------------------------
                   6330                        Basic pay that the member
                                                received at the time of
                                                transfer to the Fleet
                                                Reserve or Fleet Marine
                                                Corps Reserve.

------------------------------------------------------------------------
                   6151                        Basic pay of the grade to
                                                which the member is
                                                advanced under section
                                                6151.

------------------------------------------------------------------------
                    6334                       Basic pay of the grade to
                                                which the member is
                                                advanced under section
                                                6334.
------------------------------------------------------------------------
\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.

    (e) Voluntary Retirement for Members of the Air Force.--
        (1) In general.--In the case of a member whose retired pay is 
    computed under section 8991 of this title or who is entitled to 
    retired pay computed under section 8992 of this title, the retired 
    pay base is determined in accordance with the following table.

------------------------------------------------------------------------
  For a member entitled to retired pay under
                   section:                     The retired pay base is:
------------------------------------------------------------------------
                     8911                      Monthly basic pay of
                     8918                       member's retired
                     8920                       grade.\1\
                     8924

------------------------------------------------------------------------
                     8914                      Monthly basic pay to
                     8917                       which member was
                                                entitled on day before
                                                he retired.

------------------------------------------------------------------------
                     8992                      Monthly basic pay of
                                                grade to which member is
                                                advanced on retired
                                                list.
------------------------------------------------------------------------
\1\ For the purposes of this subsection, determine member's retired
  grade as if section 8962 did not apply.

        (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.--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.--In the case of an officer whose retired pay is computed 
under section 16 of the Coast and Geodetic Survey Commissioned Officers' 
Act of 1948 (33 U.S.C. 853o), the retired pay base is the basic pay of 
the rank with which the officer retired.
    (h) Commissioned Corps of Public Health Service.--In the case of an 
officer who is retired under section 210(g) or 211(a) of the Public 
Health Service Act (42 U.S.C. 211(g), 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, and Senior Enlisted Members.--
        (1) In general.--For 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, or as the senior enlisted member of an armed force, 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 October 16, 
    1998--
            (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) 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) 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) Master Chief Petty Officer of the Coast Guard.

(Added Pub. L. 99-348, title I, Sec. 104(b), July 1, 1986, 100 Stat. 
686; amended Pub. L. 100-180, div. A, title V, Sec. 512(d)(2), title 
XIII, Sec. 1314(b)(6), Dec. 4, 1987, 101 Stat. 1090, 1175; Pub. L. 100-
456, div. A, title XII, Sec. 1233(c), Sept. 29, 1988, 102 Stat. 2057; 
Pub. L. 102-190, div. A, title XI, Sec. 1131(7), Dec. 5, 1991, 105 Stat. 
1506; Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(4), Oct. 5, 1994, 
108 Stat. 3004; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(23), Nov. 
18, 1997, 111 Stat. 1901; Pub. L. 105-261, div. A, title VI, Sec. 646, 
Oct. 17, 1998, 112 Stat. 2050; Pub. L. 106-65, div. A, title X, 
Sec. 1066(a)(11), Oct. 5, 1999, 113 Stat. 771.)


                            Prior Provisions

    A prior section 1406 was renumbered section 12738 of this title.


                               Amendments

    1999--Subsec. (i)(2). Pub. L. 106-65 substituted ``after October 16, 
1998'' for ``on or after the date of the enactment of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999'' in 
introductory provisions.
    1998--Subsec. (i)(2), (3). Pub. L. 105-261 added par. (2) and 
redesignated former par. (2) as (3).
    1997--Subsec. (b)(1). Pub. L. 105-85 substituted ``3962 and 8962'' 
for ``3962(b) and 8962(b)'' in footnote 3 in table.
    Subsec. (c)(1). Pub. L. 105-85, Sec. 1073(a)(23)(A), substituted 
``3962'' for ``3962(b)'' in footnote 1 in table.
    Subsec. (e)(1). Pub. L. 105-85, Sec. 1073(a)(23)(B), substituted 
``8962'' for ``8962(b)'' in footnote 1 in table.
    1994--Subsec. (b). Pub. L. 103-337 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).
    1991--Subsec. (b). Pub. L. 102-190 substituted ``580'' for ``564'' 
in table.
    1988--Subsec. (b). Pub. L. 100-456 substituted ``satisfactorily by 
person'' for ``satisfactory by person'' in item relating to section 1331 
in table.
    1987--Subsec. (d). Pub. L. 100-180, Sec. 512(d)(2), inserted ``or 
6334'' after ``6151'' in text, and inserted item relating to section 
6334 at end of table.
    Subsec. (i). Pub. L. 100-180, Sec. 1314(b)(6), inserted ``and Vice 
Chairmen'' after ``Chairmen'' in heading and inserted ``or Vice 
Chairman'' after ``Chairman'' in par. (1).


                    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 1991 Amendment

    Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 
1132 of Pub. L. 102-190, set out as a note under section 521 of this 
title.


                  Grade on Transfer to Retired Reserve

    Section 1688 of title XVI of Pub. L. 103-337 provided that: ``In 
determining the highest grade held satisfactorily by a person at any 
time in the Armed Forces for the purposes of paragraph (2) of section 
1406(b) of title 10, United States Code, as added by this title, the 
requirement for satisfactory service on the reserve active-status list 
contained in section 1370(d) of title 10, 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 
section 10001 of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1401, 1401a, 1407, 3991, 
3992, 6151, 6333, 6334, 8991, 8992, 12739 of this title; title 33 
section 853o; title 42 section 211.
