
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: 10USC1409]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1409. Retired pay multiplier

    (a) Retired Pay Multiplier for Regular-Service Nondisability 
Retirement.--In computing--
        (1) the retired pay of a member of a uniformed service who is 
    entitled to that pay under any provision of law other than--
            (A) chapter 61 of this title (relating to retirement or 
        separation for physical disability); or
            (B) chapter 1223 of this title (relating to retirement for 
        non-regular service); or

        (2) the retainer pay of a member who is transferred to the Fleet 
    Reserve or the Fleet Marine Corps Reserve under section 6330 of this 
    title,

the retired pay multiplier (or retainer pay multiplier) is the 
percentage determined under subsection (b).
    (b) Percentage.--
        (1) General rule.--Subject to paragraphs (2) and (3), the 
    percentage to be used under subsection (a) is the product (stated as 
    a percentage) of--
            (A) 2\1/2\, and
            (B) the member's years of creditable service (as defined in 
        subsection (c)).

        (2) Reduction applicable to certain new-retirement members with 
    less than 30 years of service.--In the case of a member who first 
    became a member of a uniformed service after July 31, 1986, has 
    elected to receive a bonus under section 322 of title 37, has less 
    than 30 years of creditable service, and is under the age of 62 at 
    the time of retirement, the percentage determined under paragraph 
    (1) shall be reduced by--
            (A) 1 percentage point for each full year that the member's 
        years of creditable service are less than 30; and
            (B) \1/12\ of 1 percentage point for each month by which the 
        member's years of creditable service (after counting all full 
        years of such service) are less than a full year.

        (3) 75 percent limit.--In the case of a member with more than 30 
    years of creditable service, the percentage to be used under 
    subsection (a) is 75 percent.

    (c) Years of Creditable Service Defined.--In this section, the term 
``years of creditable service'' means the number of years of service 
creditable to a member in computing the member's retired or retainer pay 
(including \1/12\ of a year for each full month of service that is in 
addition to the number of full years of service of the member).

(Added Pub. L. 99-348, title I, Sec. 101, July 1, 1986, 100 Stat. 683; 
amended Pub. L. 101-189, div. A, title VI, Sec. 651(b)(3), Nov. 29, 
1989, 103 Stat. 1460; Pub. L. 103-337, div. A, title XVI, 
Sec. 1662(j)(6), Oct. 5, 1994, 108 Stat. 3005; Pub. L. 106-65, div. A, 
title VI, Secs. 641(a), 643(b)(2), Oct. 5, 1999, 113 Stat. 662, 664.)


                               Amendments

    1999--Subsec. (b)(2). Pub. L. 106-65 inserted ``certain'' after 
``Reduction applicable to'' in heading and ``has elected to receive a 
bonus under section 322 of title 37,'' after ``July 31, 1986,'' in 
introductory provisions.
    1994--Subsec. (a)(1)(B). Pub. L. 103-337 substituted ``chapter 
1223'' for ``chapter 67''.
    1989--Subsec. (a)(1). Pub. L. 101-189 substituted ``who is entitled 
to that pay'' for ``who is retired'' in introductory provisions.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-65 effective Oct. 1, 1999, see section 644 
of Pub. L. 106-65, set out as a note under section 1401a of this title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1401, 1402a, 1410, 1447, 
1451, 1452, 3991, 3992, 6151, 6333, 6334, 8991, 8992 of this title; 
title 14 section 423; title 33 section 853o; title 37 section 322; title 
42 sections 211, 212.
