
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: 10USC6404]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
      CHAPTER 573--INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
 
Sec. 6404. Treatment of fractions of years of service in 
        computing retired pay and separation pay
        
    In determining the total number of years of service to be used as a 
multiplier in computing retired pay and separation pay on discharge 
under this chapter, 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 415; Pub. L. 96-513, title V, 
Sec. 503(50), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 98-94, title IX, 
Sec. 923(c)(4), Sept. 24, 1983, 97 Stat. 643.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6404..................................  34 U.S.C. 410c(a) (1st proviso).     Fe
b. 21, 1946, ch. 34, Sec.  7 (a)
                                                                              (
1st proviso), 60 Stat. 27; Aug.
                                                                              7
, 1947, ch. 512, Sec.  432(a), 61
                                                                              S
tat. 881.
                                        34 U.S.C. 410j(g) (1st proviso).     Au
g. 7, 1947, ch. 512, Sec.  312(g)
                                                                              (
1st proviso), 61 Stat. 860.
                                        34 U.S.C. 410d (1st proviso).        Fe
b. 21, 1946, ch. 34, Sec.  9 (1st
                                                                              p
roviso), 60 Stat. 28; Aug. 7,
                                                                              1
947, ch. 512, Sec.  432(b), 61
                                                                              S
tat. 881.
                                        34 U.S.C. 410j(h) (1st proviso).     Au
g. 7, 1947, ch. 512, Sec.  312(h)
                                                                              (
1st proviso), 61 Stat. 860.
                                        34 U.S.C. 410r(h).                   Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
07(h), 62 Stat. 368.
                                        34 U.S.C. 410r(j) (proviso).         Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
07(j) (proviso), 62 Stat. 366.
                                        34 U.S.C. 43g(g).                    Ap
r. 16, 1947, ch. 38, Sec.
                                                                              2
07(h), 61 Stat. 50; redesignated
                                                                              (
g), Aug. 7, 1947, ch. 512, Sec.
                                                                              4
34(d), 61 Stat. 882; May 16,
                                                                              1
950, ch. 186, Sec.  3(j), 64
                                                                              S
tat. 162.
                                        34 U.S.C. 625h(a).                   Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
13(a), 62 Stat. 369.
-------------------------------------------------------------------------------
---------------------------------

    The words ``and a part of a year that is less than six months is 
disregarded'' are added for clarity. The legislative history of the 
Career Compensation Act of 1949, which contains a provision identical to 
those codified in this section, indicates that all of these provisions 
are construed as requiring a fractional year of less than six months to 
be disregarded (hearing before the Committee on Armed Services of the 
Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, July 6, 1949).


                               Amendments

    1983--Pub. L. 98-94 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''.
    1980--Pub. L. 96-513 substituted ``separation pay'' for ``severance 
pay'' in section catchline and substituted ``separation pay'' for 
``lump-sum payments'' in text.


                    Effective Date of 1983 Amendment

    Amendment by 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 Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.
