10-U.S.C.-12739
§12739 – Computation of Retired Pay
Pathway
Title 10 > Subtitle E > Part II > Chapter 1223 > Section 12739
Details
- Reference: Section 12739
- Legend: §12739 – Computation of Retired Pay
- USCode Year: 2013
Provision Content
(a) The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
(2) 2½ percent of the years of service credited to that person under section 12733 of this title.
(b) If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the persons retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretarys determination as to extraordinary heroism is conclusive for all purposes.
(c)(1) Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under section 12733 of this title, the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
(A) 75 percent of the retired pay base upon which the computation is based; and
(B) the product of—
(i) the retired pay base upon which the computation is based; and
(ii) 2½ percent of the years of service credited to that person under section 12733 of this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.
(d) Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.
(e)(1) If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member.
(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
(B) completes at least one year of service in such position; and
(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.
(Added Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 3004; amended Pub. L. 107–314, div. A, title VI, §632(a), (b), Dec. 2, 2002, 116 Stat. 2572; Pub. L. 109–364, div. A, title VI, §642(b), Oct. 17, 2006, 120 Stat. 2259; Pub. L. 111–84, div. A, title VI, §642(a), Oct. 28, 2009, 123 Stat. 2365.)
Prior Provisions
Provisions similar to those in this section were contained in formula 3 of the table in section 1401(a) of this title, prior to amendment by Pub. L. 103–337, §1662(j)(2).
Amendments
2009—Subsec. (e). Pub. L. 111–84 added subsec. (e).
2006—Subsec. (c). Pub. L. 109–364 designated existing provisions as par. (1), substituted Except as provided in paragraph (2), the for The, and added par. (2).
2002—Subsec. (b). Pub. L. 107–314, §632(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–314, §632(a)(1), (b), redesignated subsec. (b) as (c) and substituted total amount of the monthly retired pay computed under subsections (a) and (b) for amount computed under subsection (a). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–314, §632(a)(1), redesignated subsec. (c) as (d).
Effective Date of 2002 Amendment
Pub. L. 107–314, div. A, title VI, §632(c), Dec. 2, 2002, 116 Stat. 2572, provided that: The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 2002, and shall apply with respect to retired pay for months beginning on or after that date.
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-12683 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-12683, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-12682 in the Legal Encyclopedia: Army Reserve Personnel
In this entry about 10-U.S.C.-12682, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.
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