10-U.S.C.-1410
§1410 – Restoral of Full Retirement Amount At Age 62 For Certain Members Entering On Or After August 1, 1986
Pathway
Title 10 > Subtitle A > Part II > Chapter 71 > Section 1410
Details
- Reference: Section 1410
- Legend: §1410 – Restoral of Full Retirement Amount At Age 62 For Certain Members Entering On Or After August 1, 1986
- USCode Year: 2013
Provision Content
In the case of a member or former member who first became a member of a uniformed service on or after August 1, 1986, who has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of title 37, and who becomes entitled to retired pay before the age of 62, the retired pay of such member or former member shall be recomputed, effective on the first day of the first month beginning after the member or former member attains 62 years of age, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if—
(1) increases in the retired pay of the member or former member under section 1401a(b) of this title had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and
(2) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, no reduction in the members retired pay had been made under that section.
(Added Pub. L. 99–348, title I, §103, July 1, 1986, 100 Stat. 685; amended Pub. L. 100–224, §2, Dec. 30, 1987, 101 Stat. 1536; Pub. L. 101–189, div. A, title VI, §651(b)(4), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 106–65, div. A, title VI, §§641(c), 643(b)(3)(A), Oct. 5, 1999, 113 Stat. 662, 664; Pub. L. 110–181, div. A, title VI, §661(b)(3), Jan. 28, 2008, 122 Stat. 178; Pub. L. 113–67, div. A, title IV, §403(b), Dec. 26, 2013, 127 Stat. 1186.)
Amendment of Paragraph (1)
Pub. L. 113–67, div. A, title IV, §403(b), (c), Dec. 26, 2013, 127 Stat. 1186, provided that, effective Dec. 1, 2015, paragraph (1) of this section is amended by striking paragraph (3) and inserting paragraph (3) or (4). See 2013 Amendment note below.
References in Text
Section 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in text, means section 322 of title 37 as in effect before enactment of Pub. L. 110–181. Section 322 of title 37 was renumbered as section 354 of title 37 and amended by Pub. L. 110–181, div. A, title VI, §661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178.
Amendments
2013—Par. (1). Pub. L. 113–67 substituted paragraph (3) or (4) for paragraph (3).
2008—Pub. L. 110–181, in introductory provisions, substituted section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 for section 322.
1999—Pub. L. 106–65 inserted certain before members in section catchline and who has elected to receive a bonus under section 322 of title 37, after August 1, 1986, in introductory provisions.
1989—Pub. L. 101–189, §651(b)(4), in introductory provisions, inserted or former member after In the case of a member, the retired pay of such member, after the member, and to which the member, and in par. (1), substituted retired pay of the member or former member for members retired pay.
1987—Pub. L. 100–224 struck out heading (a) General rule, substituted provisions that the amount equal to the amount of retired pay to which the member would be entitled on that date if (1) increases in the members retired pay under section 1401a(b) of this title had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and (2) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, no reduction in the members retired pay had been made under that section, for provisions that the amount equal to (1) the amount of the members initial unreduced retired pay, increased by (2) the percent (adjusted to the nearest one-tenth of 1 percent) by which (A) the price index for the most recent base quarter ending more than 31 days before the date the member attains 62 years of age, exceeds (B) the price index for the calendar quarter immediately before the date the member first became entitled to retired pay, and struck out subsec. (b) which had directed that, in this section, the term initial unreduced retired pay meant the amount of retired pay (A) to which the member was entitled when the member first became entitled to retired pay; or (B) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, to which the member would have been entitled on the date of the members retirement without regard to that section, and that the definitions in subsection (g), and the provisions of subsection (h), of section 1401a of this title applied to this section.
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–67 effective Dec. 1, 2015, see section 403(c) of Pub. L. 113–67, set out as a note under section 1401a of this title.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1401 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1401, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1404 in the Legal Encyclopedia: Retirement
In this entry about 10-U.S.C.-1404, find legal reference material, bibliographies and premiere content related to retirement in the American Encyclopedia of Law, presenting a comprehensive view of the United States retirement-specific issues, written by authorities in the field.
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