ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 8333Computation of retired and retainer pay

submitted 43 years ago by Pub. L. 98-94 to r/title-10-ARMED-FORCES · 307 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives formulas for a service member's monthly retired or retainer pay. Each formula multiplies a pay base by a multiplier tied to years of service. Final amounts round down to the nearest dollar. One special rule sets the pay base differently for certain pre-1980 Reserve enlisted members.

(a) This section sets out three formulas — A, B, and C — for figuring a member's monthly retired pay or retainer pay under this chapter or under section 8470 or 8372. Formula A applies to pay computed under sections 8325(a) and 6326. Start with the retired pay base, computed under section 1406(d) or 1407. Multiply it by the retired pay multiplier that section 1409 sets for the years of service credited to the member under section 1405. Formula B applies to pay computed under sections 8323, 8325(b), 8470, and 8372. It works the same way as Formula A: take the retired pay base under section 1406(d) or 1407, and multiply by the section 1409 multiplier for the member's years of service credited under section 1405. Formula C applies to retainer pay computed under section 8330. Start with the retainer pay base, computed under section 1406(d) or 1407. Multiply it by the retainer pay multiplier that section 1409 sets for the member's years of service credited under section 1405. (b) If the resulting retired pay or retainer pay isn't a whole dollar amount, round it down to the next lower whole dollar. The section references in the table in subsection (a) are all to sections of this title. (c) There's a special rule for a Reserve enlisted member whose grade at transfer to the Fleet Reserve or Fleet Marine Corps Reserve is set under section 8336, and who first became a member of a uniformed service before September 8, 1980. For that member, the retainer pay base isn't computed the normal way under section 1406(a)(1). Instead, it's the monthly basic pay for the grade the member transferred into, using the pay rates in effect on the transfer date. That figure is what gets used in the Formula C calculation in subsection (a), in place of the amount that section 1406(d) would otherwise produce.
the actual law source: uscode.house.gov ↗public domain
(a)

The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 8470 or 8372 of this title is computed in accordance with the following table.

Formula

For

sections

Column 1

Take

Column 2

Multiply by

A

8325(a)

6326  

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 the member under section 1405.

B

8323  

8325(b)

8470  

8372  

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.

C

8330  

Retainer pay base computed under section 1406(d) or 1407

Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.

(b)
(1)

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

(2)

References in the table in subsection (a) are to sections of this title.

(c)

In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under section 8336 of this title and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member’s transfer), and that amount shall be used for the purposes of the table in subsection (a) rather than the amount computed under section 1406(d) of this title.

Source credit: (Added Pub. L. 98–94, title IX, § 922(a)(10)(A), Sept. 24, 1983, 97 Stat. 641, § 6333; amended Pub. L. 99–348, title II, § 203(a), July 1, 1986, 100 Stat. 695; Pub. L. 103–337, div. A, title VI, § 635(b), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104–106, div. A, title XV, § 1503(b)(3), Feb. 10, 1996, 110 Stat. 512; Pub. L. 104–201, div. A, title V, § 532(d)(2), Sept. 23, 1996, 110 Stat. 2520; Pub. L. 109–163, div. A, title V, § 509(d)(2), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 110–181, div. A, title VI, § 646(a), Jan. 28, 2008, 122 Stat. 160; renumbered § 8333 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 98-94 · 97 Stat. 641
  • 1986Amended · Pub. L. 99-348 · 100 Stat. 695
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2789
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 512
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2520
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3231
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 160
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-94 on 1983-09-24.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case