
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3992]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                 CHAPTER 371--COMPUTATION OF RETIRED PAY
 
Sec. 3992. Recomputation of retired pay to reflect advancement 
        on retired list
        
    (a) Entitlement to Recomputation.--An enlisted member or warrant 
officer of the Army who is advanced on the retired list under section 
3964 of this title is entitled to recompute his retired pay in 
accordance with this section.
    (b) Formula.--The monthly retired pay of a member entitled to 
recompute that pay under this section is computed by multiplying--
        (1) the member's retired pay base (as computed under section 
    1406(c) or 1407 of this title), by
        (2) the retired pay multiplier prescribed in section 1409 of 
    this title for the number of years credited to the member under 
    section 1405 of this title.

    (c) Rounding to Next Lower Dollar.--The amount computed under 
subsection (b), if not a multiple of $1, shall be rounded to the next 
lower multiple of $1.

(Aug. 10, 1956, ch. 1041, 70A Stat. 233; Pub. L. 96-342, title VIII, 
Sec. 813(c), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513, title V, 
Sec. 512(10), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 97-295, Sec. 1(40), 
Oct. 12, 1982, 96 Stat. 1297; Pub. L. 98-94, title IX, Secs. 922(a)(8), 
923(a)(1), (2)(G), Sept. 24, 1983, 97 Stat. 641-643; Pub. L. 99-348, 
title II, Sec. 202(b), July 1, 1986, 100 Stat. 695; Pub. L. 103-337, 
div. A, title VI, Sec. 635(a)(3), Oct. 5, 1994, 108 Stat. 2788.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3992..................................  10:594 (last 39 words of 1st         Au
g. 21, 1941, ch. 384, Sec.  5
                                         proviso).                            (
last 39 words of 1st proviso);
                                        10:1004 (30 words before proviso).    r
estated June 29, 1948, ch. 708,
                                                                              S
ec.  203(c) (last 39 words of 1st
                                                                              p
roviso), 62 Stat. 1085; May 29,
                                                                              1
954, ch. 249, Sec.  19(f), 68
                                                                              S
tat. 167.
                                        ...................................  Ju
ne 29, 1948, ch. 708, Sec.
                                                                              2
03(e) (30 words before proviso),
                                                                              6
2 Stat. 1086.
-------------------------------------------------------------------------------
---------------------------------

    The words ``basic pay * * * as the case may be'' are inserted to 
conform to the terminology of the Career Compensation Act of 1949, 63 
Stat. 802 (37 U.S.C. 231 et seq.). The words ``at the rate prescribed by 
law for his length of service'', in 10:1004, are omitted as covered by 
the words ``base and longevity pay''. The words ``base and longevity 
pay'' are retained to cover the cases of members retired before the 
enactment of the Career Compensation Act of 1949, and advanced on the 
retired list after the enactment of that act. The words ``and disregard 
a part of a year that is less than six months'' are inserted to conform 
to footnote 4 of section 3991 of this title.

                            1982 Act

    This amends 10:3992 to correct an inadvertent error in the 
codification of title 10 in 1956 relating to retirement pay of warrant 
officers advanced on the retired list. For further details, see the 
explanation for amendment of 10:1405 made by section 1(17).


                               Amendments

    1994--Pub. L. 103-337 amended section generally. Prior to amendment, 
section contained table with two formulas for recomputing retired pay of 
enlisted members and warrant officers of Army to reflect advancement on 
retired list.
    1986--Pub. L. 99-348 revised table generally by striking out 
provision in column 1 that for a person who first became a member of a 
uniformed service, as defined in section 1407(a)(2), after Sept. 7, 
1980, one multiplier is the monthly retired pay base as computed under 
section 1407(c), substituting in formulas A and B provision that the 
retired pay base as computed under section 1406(c) or 1407 of this title 
be multiplied by the retired pay multiplier prescribed in section 1409 
of this title for the number of years credited for provisions that the 
monthly basic pay or base and longevity pay, as the case may be, subject 
to footnote 1, of the grade to which the member is advanced on the 
retired list be multiplied by 2\1/2\% of years of service credited, 
subject to footnote 2, and have subtracted from it the excess over 75% 
of pay upon which the computation is based, struck out footnote 1, which 
provided that the computation be at the rate applicable on the date of 
retirement, and redesignated footnote 2 as 1 and substituted ``In 
determining retired pay multiplier'' for ``Before applying percentage 
factor'' and ``1/12'' for ``one-twelfth''.
    1983--Pub. L. 98-94, Sec. 922(a)(8), inserted ``The amount 
recomputed, 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)(G), in footnote 2 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''.
    1982--Pub. L. 97-295 added formula B, applicable to warrant 
officers.
    1980--Pub. L. 96-513 in heading for column 1 of table substituted 
``after September 7, 1980'' for ``on or after the date of the enactment 
of the Department of Defense Authorization Act, 1981''.
    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.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 applicable to computation of retired 
pay of any enlisted member who retires on or after Oct. 5, 1994, to 
computation of retainer pay of any enlisted member who is transferred to 
Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, 
and to recomputation of retired pay of any enlisted member who is 
advanced on retired list on or after Oct. 5, 1994, see section 635(e) of 
Pub. L. 103-337, set out as a note under section 1405 of this title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1406 of this title.
