
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: 10USC1410]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1410. Restoral of full retirement amount at age 62 for 
        certain members entering on or after August 1, 1986
        
    In the case of a member or former member who first became a member 
of a uniformed service on or after August 1, 1986, who has elected to 
receive a bonus under section 322 of title 37, and who becomes entitled 
to retired pay before the age of 62, the retired pay of such member or 
former member shall be recomputed, effective on the first day of the 
first month beginning after the member or former member attains 62 years 
of age, so as to be the amount equal to the amount of retired pay to 
which the member or former member would be entitled on that date if--
        (1) increases in the retired pay of the member or former member 
    under section 1401a(b) of this title had been computed as provided 
    in paragraph (2) of that section (rather than under paragraph (3) of 
    that section); and
        (2) in the case of a member whose retired pay was subject to 
    section 1409(b)(2) of this title, no reduction in the member's 
    retired pay had been made under that section.

(Added Pub. L. 99-348, title I, Sec. 103, July 1, 1986, 100 Stat. 685; 
amended Pub. L. 100-224, Sec. 2, Dec. 30, 1987, 101 Stat. 1536; Pub. L. 
101-189, div. A, title VI, Sec. 651(b)(4), Nov. 29, 1989, 103 Stat. 
1460; Pub. L. 106-65, div. A, title VI, Secs. 641(c), 643(b)(3)(A), Oct. 
5, 1999, 113 Stat. 662, 664.)


                               Amendments

    1999--Pub. L. 106-65 inserted ``certain'' before ``members'' in 
section catchline and ``who has elected to receive a bonus under section 
322 of title 37,'' after ``August 1, 1986,'' in introductory provisions.
    1989--Pub. L. 101-189, Sec. 651(b)(4), in introductory provisions, 
inserted ``or former member'' after ``In the case of a member'', ``the 
retired pay of such member'', ``after the member'', and ``to which the 
member'', and in par. (1), substituted ``retired pay of the member or 
former member'' for ``member's retired pay''.
    1987--Pub. L. 100-224 struck out heading ``(a) General rule'', 
substituted provisions that the amount equal to the amount of retired 
pay to which the member would be entitled on that date if (1) increases 
in the member's retired pay under section 1401a(b) of this title had 
been computed as provided in paragraph (2) of that section (rather than 
under paragraph (3) of that section); and (2) in the case of a member 
whose retired pay was subject to section 1409(b)(2) of this title, no 
reduction in the member's retired pay had been made under that section, 
for provisions that the amount equal to (1) the amount of the member's 
initial unreduced retired pay, increased by (2) the percent (adjusted to 
the nearest one-tenth of 1 percent) by which (A) the price index for the 
most recent base quarter ending more than 31 days before the date the 
member attains 62 years of age, exceeds (B) the price index for the 
calendar quarter immediately before the date the member first became 
entitled to retired pay, and struck out subsec. (b) which had directed 
that, in this section, the term ``initial unreduced retired pay'' meant 
the amount of retired pay (A) to which the member was entitled when the 
member first became entitled to retired pay; or (B) in the case of a 
member whose retired pay was subject to section 1409(b)(2) of this 
title, to which the member would have been entitled on the date of the 
member's retirement without regard to that section, and that the 
definitions in subsection (g), and the provisions of subsection (h), of 
section 1401a of this title applied to this section.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1451, 1452 of this title; 
title 37 section 322.
