
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: 10USC6151]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
             CHAPTER 561--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 6151. Higher retired grade and pay for members who serve 
        satisfactorily under temporary appointments
        
    (a) Unless otherwise entitled to a higher retired grade and subject 
to sections 689 and 1370 of this title, each member, other than a 
retired member, of the Navy or the Marine Corps shall, when retired, be 
advanced on the retired list to the highest officer grade in which he 
served satisfactorily under a temporary appointment as determined by the 
Secretary of the Navy.
    (b) Each member (other than a former member of the Fleet Reserve or 
the Fleet Marine Corps Reserve) who is advanced on the retired list 
under this section is (unless otherwise entitled to higher retired pay) 
entitled to retired pay determined in accordance with the following 
table. References in the table are to sections of this title.

------------------------------------------------------------------------
               Column 1 Take                    Column 2 Multiply by
------------------------------------------------------------------------
Retired pay base computed under section     Retired pay multiplier
 1406(d) or 1407.                            prescribed under section
                                             1409 for the years of
                                             service that may be
                                             credited to him under
                                             section 1405.
------------------------------------------------------------------------

    (c) Each former member of the Fleet Reserve or the Fleet Marine 
Corps Reserve who is advanced on the retired list under this section is 
entitled to retired pay determined in accordance with the following 
table. References in the table are to sections of this title.

------------------------------------------------------------------------
               Column 1 Take                    Column 2 Multiply by
------------------------------------------------------------------------
Retired pay base computed under section     Retired pay multiplier
 1406(d) or 1407.                            prescribed under section
                                             1409 for the number of
                                             years of service creditable
                                             for his retainer pay at the
                                             time of retirement.
------------------------------------------------------------------------

    (d) A member who is advanced on the retired list under this section 
from the grade of warrant officer, W-1, or from an enlisted grade to a 
commissioned grade, and who applies to the Secretary within three months 
after his advancement, shall, if the Secretary approves, be restored on 
the retired list to his former warrant officer or enlisted grade, as the 
case may be. A member who is restored to his former grade under this 
subsection is thereafter considered for all purposes as a warrant 
officer, W-1, or an enlisted member, as the case may be.
    (e) Retired pay computed under subsection (b) or (c), if not a 
multiple of $1, shall be rounded to the next lower multiple of $1.

(Aug. 10, 1956, ch. 1041, 70A Stat. 385; Pub. L. 85-422, 
Sec. 11(a)(6)(A), May 20, 1958, 72 Stat. 131; Pub. L. 85-861, 
Sec. 1(138), (139)(A), Sept. 2, 1958, 72 Stat. 1507, 1508; Pub. L. 88-
132, Sec. 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 96-342, title 
VIII, Sec. 813(d)(13), Sept. 8, 1980, 94 Stat. 1108; Pub. L. 96-512, 
title V, Secs. 503(45), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; 
Pub. L. 98-94, title IX, Secs. 922(a)(9), 923(c)(1), Sept. 24, 1983, 97 
Stat. 641, 643; Pub. L. 99-348, title II, Sec. 203(c), July 1, 1986, 100 
Stat. 696; Pub. L. 104-201, div. A, title V, Sec. 521(d), Sept. 23, 
1996, 110 Stat. 2517.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6151..................................  34 U.S.C. 350i(b)(2), (e).           Ju
ly 24, 1941, ch. 320, Sec.
                                                                              1
0(b)(2), (e), 55 Stat. 605; Feb.
                                                                              2
1, 1946, ch. 34, Sec.  8(a), 60
                                                                              S
tat. 28.
                                        34 U.S.C. 410c(a), (b), (c).         Fe
b. 21, 1946, ch. 34, Sec.  7(a)
                                                                              (
less 1st proviso), (b), (c). 60
                                                                              S
tat. 27; Aug. 7, 1947, ch. 512,
                                                                              S
ec.  432(a), 61 Stat. 881.
                                        34 U.S.C. 43g(c).                    Ap
r. 16, 1947, ch. 38, Sec.
                                                                              2
07(d), 61 Stat. 49; redesignated
                                                                              (
c), Aug. 7, 1947, ch. 512, Sec.
                                                                              4
34(d), 61 Stat. 882; May 16,
                                                                              1
950, ch. 186, Sec.  3(h), 64
                                                                              S
tat. 162.
                                        34 U.S.C. 43g(f), (g).               Ap
r. 16, 1947, ch. 38, Sec.
                                                                              2
07(g), (h), 61 Stat. 47;
                                                                              r
edesignated (f), (g), Aug. 7,
                                                                              1
947, ch. 512, Sec.  434(d), 61
                                                                              S
tat. 882.
                                        34 U.S.C. 410r(a), (g), (h).         Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
07(a), (g), (h), 62 Stat. 366.
                                        34 U.S.C. 625h(a).                   Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
13(a), 62 Stat. 369.
                                        34 U.S.C. 993c.                      Ju
ne 19, 1948, ch. 540, Sec.  3, 62
                                                                              S
tat. 505.
-------------------------------------------------------------------------------
---------------------------------

    Subsections (b) and (c) are worded to conform to the terminology of 
the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). The second 
and third provisos in 34 U.S.C. 410c(a), relating to the computation of 
retired pay for officers whose pay on the active list was not based on 
years of service, are omitted as obsolete, since under the Career 
Compensation Act of 1949, the active-duty pay of all officers is based 
on years of service.
    In subsection (d) the words ``A retired member who is advanced * * * 
from the grade of warrant officer, W-1, or from an enlisted grade'' are 
substituted for the words ``Enlisted men and warrant officers * * * 
advanced'' and the words ``as a warrant officer, W-1, or an enlisted 
member'' are substituted for the words ``to be enlisted or warrant 
officer personnel'' because the Warrant Officer Act of 1954 established 
the grade of warrant officer, W-1, in lieu of the old warrant officer 
(as distinguished from commissioned warrant officer) grades. The words 
``rank or'' are omitted as unnecessary. The words ``within three months 
of the date of the approval of this Act'' and ``whichever is the later'' 
are omitted as executed.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6151(a)...............................  34 App.:350i(b)(2).                  Ma
y 31, 1956, ch. 348, Sec.  3, 70
                                                                              S
tat. 222.
-------------------------------------------------------------------------------
---------------------------------

    Reference to the provisions of law under which temporary 
appointments in officer grades were made is omitted as unnecessary, 
since the provisions cited comprise all existing authority for such 
appointments.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201 substituted ``sections 689'' for 
``sections 688''.
    1986--Subsec. (b). Pub. L. 99-348 amended subsec. (b) generally, 
substituting provision that retired pay be determined in accordance with 
the table for provision that retired pay, in the case of a member who 
first became a member of a uniformed service, as defined in section 
1407(a)(2), before Sept. 8, 1980, be at the rate of 2\1/2\ percent of 
the basic pay of the grade to which advanced or, in the case of a member 
who first became a member of a uniformed service, as defined in section 
1407(a)(2), on or after Sept. 8, 1980, be at a rate of 2\1/2\ percent of 
the monthly retired pay base computed under section 1407(d), which rates 
were to be multiplied by the number of years of service credited under 
section 1405, but such retired pay was not to be more than 75 percent of 
the basic pay or monthly retired pay base upon which the computation of 
retired pay was based and, in determining the number of years to be used 
as a multiplier, each additional full month of service was to be counted 
as one-twelfth of a year and any remaining fractional part of a month 
was to be disregarded.
    Subsec. (c). Pub. L. 99-348 amended subsec. (c) generally, 
substituting provision that retired pay of a former member be determined 
in accordance with the table for provision that retired pay, in the case 
of a former member who first became a member of a uniformed service, as 
defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 
2\1/2\ percent of the basic pay of the grade to which advanced, 
determined by the same period of service used to determine the basic pay 
of the grade upon which his retainer pay was based, multiplied by the 
number of years of creditable service for his retainer pay at the time 
of retirement, but such retired pay was not to be more than 75 percent 
of the basic pay upon the computation of retired pay was based, or in 
the case of a former member who first became a member of a uniformed 
service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, 
that retired pay be at a rate of 2\1/2\ percent of the monthly retired 
pay base computed under section 1407(d), multiplied by the number of 
years of creditable service for his retainer pay at the time of 
retirement, but such retired pay was not to be more than 75 percent of 
the monthly retired pay base upon which the computation of retired pay 
was based.
    1983--Subsec. (b)(2). Pub. L. 98-94, Sec. 923(c)(1), substituted 
``each full month of service that is in addition to the number of full 
years of service creditable to a member is counted as one-twelfth of a 
year and any remaining fractional part of a month is disregarded'' for 
``a part of a year that is six months or more is counted as a whole year 
and a part of a year that is less than six months is disregarded''.
    Subsec. (e). Pub. L. 98-94, Sec. 922(a)(9), added subsec. (e).
    1980--Subsec. (a). Pub. L. 96-513, Sec. 503(45), inserted ``and 
subject to sections 688 and 1370 of this title'' after ``retired 
grade''.
    Subsec. (b). Pub. L. 96-513, Sec. 513(17), substituted ``September 
8, 1980'' for ``the date of the enactment of the Department of Defense 
Authorization Act, 1981'' wherever appearing.
    Pub. L. 96-342 amended subsec. (b) generally, designating existing 
provisions as pars. (1) and (2) and, as so amended, in par. (1) 
designated existing provisions as subpar. (A), as so designated, 
inserted provision limiting applicability to members who became members 
of the uniformed services before the date of the enactment of the 
Department of Defense Authorization Act, 1981, and added subpar. (B).
    Subsec. (c). Pub. L. 96-513, Sec. 513(17), substituted ``September 
8, 1980'' for ``the date of the enactment of the Department of Defense 
Authorization Act, 1981'' wherever appearing.
    Pub. L. 96-342 designated existing provisions as par. (1), inserted 
provision limiting applicability to members who became members of the 
uniformed services before the date of the enactment of the Department of 
Defense Authorization Act, 1981, and added par. (2).
    1963--Subsec. (b). Pub. L. 88-132 substituted ``of'' for ``to which 
he would be entitled if serving on active duty in'' after ``2\1/2\ 
percent of the basic pay.''
    1958--Pub. L. 85-861, Sec. 1(139)(A), substituted ``who serve 
satisfactorily under temporary appointments'' for ``temporarily 
appointed or promoted during World War II'' in section catchline.
    Subsec. (a). Pub. L. 85-861, Sec. 1(138), struck out provisions 
which restricted application of section to members of the Navy or the 
Marine Corps who were appointed or promoted under the act of July 24, 
1941, ch. 320, 55 Stat. 603.
    Subsec. (b). Pub. L. 85-422 substituted ``that may be credited to 
him under section 1405 of this title'' for ``creditable for basic pay''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Sept. 30, 1997, see section 
521(b) of this title, set out as an Effective Date note under section 
688 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 
the computation of retired or retainer pay of any individual who becomes 
entitled to that pay after Sept. 30, 1983, 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 section 503(45) of Pub. L. 96-513 effective Sept. 15, 
1981, and amendment by section 513(17) of Pub. L. 96-513 effective Dec. 
12, 1980, see section 701 of Pub. L. 96-513, set out as a note under 
section 101 of this title.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay 
and Allowances of the Uniformed Services.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of 
Pub. L. 85-422.

                  Section Referred to in Other Sections

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