
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: 33USC853o]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 853o. Computation of pay upon retirement


(a) Officer as member of uniformed service before September 8, 1980

    Each commissioned officer on the retired list who first became a 
member of a uniformed service (as defined in section 101 of title 10) 
before September 8, 1980, shall receive retired pay at the rate 
determined by multiplying--
        (1) the retired pay base determined under section 1406(g) of 
    title 10; by
        (2) 2\1/2\ percent of the number of years of service that may be 
    credited to the officer under section 1405 of such title as if the 
    officer's service were service as a member of the Armed Forces.

The retired pay so computed may not exceed 75 percent of the retired pay 
base.

(b) Officer as member of uniformed service on or after September 8, 1980

    Each commissioned officer on the retired list who first became a 
member of a uniformed service (as defined in section 101 of title 10) on 
or after September 8, 1980, shall receive retired pay at the rate 
determined by multiplying--
        (1) the retired pay base determined under section 1407 of title 
    10; by
        (2) the retired pay multiplier determined under section 1409 of 
    such title for the number of years of service that may be credited 
    to the officer under section 1405 of such title as if the officer's 
    service were service as a member of the Armed Forces.

(c) Treatment of full and fractional parts of months in computing years 
        of service; rounding off

    (1) In computing the number of years of service of an officer for 
the purposes of subsection (a) of this section--
        (A) each full month of service that is in addition to the number 
    of full years of service creditable to the officer shall be credited 
    as \1/12\ of a year; and
        (B) any remaining fractional part of a month shall be 
    disregarded.

    (2) Retired pay computed under this section, if not a multiple of 
$1, shall be rounded to the next lower multiple of $1.

(June 3, 1948, ch. 390, Sec. 16, 62 Stat. 299; Oct. 12, 1949, ch. 681, 
title V, Sec. 531(b)(41), 63 Stat. 840; Pub. L. 85-422, Sec. 11(c), May 
20, 1958, 72 Stat. 132; Pub. L. 87-649, Sec. 9(b)(2), Sept. 7, 1962, 76 
Stat. 495; Pub. L. 96-342, title VIII, Sec. 813(g), Sept. 8, 1980, 94 
Stat. 1110; Pub. L. 98-94, title IX, Secs. 922(c), 923(e), Sept. 24, 
1983, 97 Stat. 642, 643; Pub. L. 99-348, title II, Sec. 206, July 1, 
1986, 100 Stat. 701.)


                               Amendments

    1986--Pub. L. 99-348 amended section generally. Prior to amendment, 
section provided that each commissioned officer on the retired list was 
to receive retired pay, in the case of an officer who first became a 
member of a uniformed service, as defined in section 1407(a)(2) of title 
10, before Sept. 8, 1980, at the rate of 2\1/2\ percent of the basic pay 
of the rank with which retired, or in the case of an officer who first 
became a member of a uniformed service on or after Sept. 8, 1980, at the 
rate of 2\1/2\ percent of the monthly retired pay base computed under 
section 1407(g) of title 10, multiplied by the number of years of 
service credited, but that the retired pay so computed was not to exceed 
75 percent of the monthly retired pay base, provided for rounding of 
numbers, and provided for treatment of months of service in addition to 
the number of full years of service.
    1983--Subsec. (a). Pub. L. 98-94, Sec. 922(c), inserted ``Retired 
pay, if not a multiple of $1, shall be rounded to the next lower 
multiple of $1.''
    Subsec. (b). Pub. L. 98-94, Sec. 923(e), substituted ``In computing 
the number of years of service of an officer for the purposes of 
subsection (a) of this section, 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 fractional part of a year of six months 
or more shall be considered a full year in computing the number of years 
of service for the purposes of subsection (a) of this section''.
    1980--Subsec. (a). Pub. L. 96-342 revised provisions into pars. (1) 
and (2) and substituted provisions respecting computation of retired pay 
for officers who became members of the uniformed service before 
September 8, 1980, and for officers who became members of the uniformed 
service on or after September 8, 1980, for provisions respecting 
computation of retired pay for officers.
    Subsec. (b). Pub. L. 96-342 added subsec. (b).
    1962--Subsec. (a). Pub. L. 87-649 substituted ``basic pay'' for 
``active-duty pay with longevity credit'' in two places.
    1958--Subsec. (a). Pub. L. 85-422 substituted ``that may be credited 
to him under section 1405 of title 10 as if his service were service as 
a member of the armed forces'' for ``for which entitled to credit in the 
computation of his pay while on active duty''.
    1949--Subsec. (b). Act Oct. 12, 1949, repealed subsec. (b) which 
provided that each commissioned officer retired for physical disability 
incurred in the line of duty receive retired pay of 75 per centum of his 
active duty pay with longevity credit of the rank at which retired.


                    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 Title 10, Armed Forces.
    Amendment by section 923(e) 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 Title 10.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 
of Pub. L. 87-649, set out as an Effective Date note preceding section 
101 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.


                    Effective Date of 1949 Amendment

    Section 533(a) of act Oct. 12, 1949, provided that: ``Except as 
provided in subsections (b) and (c) of this section, this Act [see 
Tables for classification] shall become effective on October 1, 1949, 
and no pay, allowances, or benefits provided herein shall accrue to any 
person for any period prior thereto.''

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 1406.
