10 U.S.C. § 1401 — Computation of retired pay

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 373 words · no verdicts yet

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This section gives formulas for computing monthly retired pay in several military-retirement situations. It also says that a person eligible under more than one formula receives pay under the formula most favorable to that person.

(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement. Monthly retired pay for a person entitled to it under this subtitle is computed using the table in this subsection. For the applicable section, take the step in column 1, multiply by the step in column 2, and add the amount in column 3, following the footnotes that apply. Before applying a percentage factor, count every full month beyond the member’s full years of creditable service as one-twelfth of a year. Ignore any remaining fraction of a month. Formula 1 applies to sections 1201 and 1204. Take the retired-pay base computed under section 1406(b) or 1407. Multiply it by either the retired-pay multiplier determined under section 1409, as the member chooses, or the disability percentage on the retirement date, not above 75%. Add nothing. Formula 2 applies to sections 1202 and 1205. Take the same retired-pay base. Multiply it by either the section 1409 retired-pay multiplier, as the member chooses, or the disability percentage on the date the member’s name was placed on the temporary disability retired list, not above 75%. Then add the amount needed to raise the result to 50% of the retired-pay base used. Formula 4 applies to sections 580, 1263, 1293, and 1305. Take the retired-pay base computed under section 1406(b) or 1407. Multiply it by the section 1409 multiplier for the years of service credited under section 1405. Add nothing. Formula 5 applies to sections 633 through 636 and 1251 through 1253. Take the retired-pay base computed under section 1406(b) or 1407. Multiply it by the section 1409 multiplier for the years of service credited under section 1405. Add nothing. (b) Use of Most Favorable Formula. If a person would otherwise qualify for retired pay under more than one table formula or other legal provision, the person must be paid under the applicable formula that is most favorable to that person.

the actual law source: uscode.house.gov ↗public domain

(a)Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—

The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed “For sections”, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes.

Formula No.	For sections	Column 1 Take	Column 2 Multiply by	Column 3 Add
¹ 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.
1	1201 1204	Retired pay base as computed under section 1406(b) or 1407.	As member elects— (1) the retired pay multiplier determined for the member under section 1409 of this title; ¹ or (2) the percentage of disability, not to exceed 75%, on date when retired.
2	1202 1205	Retired pay base as computed under section 1406(b) or 1407.	As member elects— (1) the retired pay multiplier determined for the member under section 1409 of this title; ¹ or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.	Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based.
4	580 1263 1293 1305	Retired pay base as computed under section 1406(b) or 1407.	The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 1405.
5	633 634 635 636 1251 1252 1253	Retired pay base as computed under section 1406(b) or 1407.	The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 1405.

(b)Use of Most Favorable Formula.—

If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 106; Pub. L. 85–422, §§ 6(7), 11(a)(2), May 20, 1958, 72 Stat. 129, 131; Pub. L. 88–132, § 5(h)(1), Oct. 2, 1963, 77 Stat. 214; Pub. L. 89–132, § 6, Aug. 21, 1965, 79 Stat. 547; Pub. L. 90–207, § 3(1), Dec. 16, 1967, 81 Stat. 653; Pub. L. 92–455, § 1, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96–342, title VIII, § 813(b)(1), Sept. 8, 1980, 94 Stat. 1102; Pub. L. 96–513, title I, § 113(a), title V, § 511(49), Dec. 12, 1980, 94 Stat. 2876, 2924; Pub. L. 98–94, title IX, §§ 922(a)(1), 923(a)(1), (2)(A), Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 98–557, § 35(b), Oct. 30, 1984, 98 Stat. 2877; Pub. L. 99–348, title II, § 201(a), July 1, 1986, 100 Stat. 691; Pub. L. 102–484, div. A, title X, § 1052(18), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–337, div. A, title XVI, § 1662(j)(2), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 109–163, div. A, title V, § 509(d)(1)(A), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 109–364, div. A, title V, § 502(d)(1), Oct. 17, 2006, 120 Stat. 2177; Pub. L. 111–383, div. A, title VI, § 631(a), Jan. 7, 2011, 124 Stat. 4239; Pub. L. 112–239, div. A, title X, § 1076(f)(19), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 114–92, div. A, title VI, § 631(c)(1)(A), Nov. 25, 2015, 129 Stat. 843.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1958Amended · Pub. L. 85-422 · 72 Stat. 129, 131
1963Amended · Pub. L. 88-132 · 77 Stat. 214
1965Amended · Pub. L. 89-132 · 79 Stat. 547
1967Amended · Pub. L. 90-207 · 81 Stat. 653
1972Amended · Pub. L. 92-455 · 86 Stat. 761
1980Amended · Pub. L. 96-342 · 94 Stat. 1102
1980Amended · Pub. L. 96-513 · 94 Stat. 2876, 2924
1983Amended · Pub. L. 98-94 · 97 Stat. 641, 642
1984Amended · Pub. L. 98-557 · 98 Stat. 2877
1986Amended · Pub. L. 99-348 · 100 Stat. 691
1992Amended · Pub. L. 102-484 · 106 Stat. 2500
1994Amended · Pub. L. 103-337 · 108 Stat. 3004
2006Amended · Pub. L. 109-163 · 119 Stat. 3231
2006Amended · Pub. L. 109-364 · 120 Stat. 2177
2011Amended · Pub. L. 111-383 · 124 Stat. 4239
2013Amended · Pub. L. 112-239 · 126 Stat. 1952
2015Amended · Pub. L. 114-92 · 129 Stat. 843

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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