10 U.S.C. § 8262 — Higher retired grade and pay for members who serve satisfactorily under temporary appointments
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 371 words · no verdicts yet
Some Navy and Marine Corps members can retire at a higher grade than usual. This applies if they served well under a temporary appointment. Their retired pay is figured out using a set formula, and can be rounded down.
(a) Unless a member already qualifies for a higher retired grade* under another rule, and subject to sections 689, 1370, and 1370a, each Navy or Marine Corps member (other than someone already retired) is advanced on the retired list, when they retire, to the highest officer* grade they served in satisfactorily under a temporary appointment — as decided by the Secretary of the Navy.
(b) Each member advanced this way (other than a former Fleet Reserve or Fleet Marine Corps Reserve member) gets retired pay* found this way, unless they already qualify for higher pay: take the retired pay base computed under section 1406(d) or 1407, and multiply it by the retired pay multiplier set under section 1409, based on the years of service credited under section 1405.
(c) A former Fleet Reserve or Fleet Marine Corps Reserve member advanced this way gets retired pay found the same basic way: take the retired pay base under section 1406(d) or 1407, and multiply it by the multiplier under section 1409, based on years of service credited toward their retainer pay at the time of retirement.
(d) A member advanced from warrant officer* W-1, or from enlisted grade, to a commissioned grade can ask the Secretary — within three months of being advanced — to be restored to their former warrant officer or enlisted grade. If the Secretary approves, the member goes back to being treated, for all purposes, as a warrant officer or enlisted member*.
(e) If retired pay figured out under (b) or (c) isn't an exact multiple of $1, it gets rounded down to the next whole dollar.
Unless otherwise entitled to a higher retired grade* and subject to section 689, and section 1370 or 1370a (as applicable), 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.
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 1406(d) or 1407 | Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. |
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 1406(d) or 1407 | Retired pay multiplier prescribed under section 1409 for the number of years of service creditable for his retainer pay at the time of retirement. |
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.
Retired pay computed under subsection (b) or (c), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 385, § 6151; Pub. L. 85–422, § 11(a)(6)(A), May 20, 1958, 72 Stat. 131; Pub. L. 85–861, § 1(138), (139)(A), Sept. 2, 1958, 72 Stat. 1507, 1508; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 96–342, title VIII, § 813(d)(13), Sept. 8, 1980, 94 Stat. 1108; Pub. L. 96–513, title V, §§ 503(45), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 98–94, title IX, §§ 922(a)(9), 923(c)(1), Sept. 24, 1983, 97 Stat. 641, 643; Pub. L. 99–348, title II, § 203(c), July 1, 1986, 100 Stat. 696; Pub. L. 104–201, div. A, title V, § 521(d), Sept. 23, 1996, 110 Stat. 2517; renumbered § 8262, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 183; Pub. L. 116–283, div. A, title V, § 508(b)(3)(A), Jan. 1, 2021, 134 Stat. 3585.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1958Amended · Pub. L. 85-422 · 72 Stat. 131
- 1958Amended · Pub. L. 85-861 · 72 Stat. 1507, 1508
- 1963Amended · Pub. L. 88-132 · 77 Stat. 214
- 1980Amended · Pub. L. 96-342 · 94 Stat. 1108
- 1980Amended · Pub. L. 96-513 · 94 Stat. 2914, 2932
- 1983Amended · Pub. L. 98-94 · 97 Stat. 641, 643
- 1986Amended · Pub. L. 99-348 · 100 Stat. 696
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2517
- 2018Amended · Pub. L. 115-232 · 132 Stat. 183
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3585
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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