10-U.S.C.-6404
§6404 – Treatment of Fractions of Years of Service In Computing Retired Pay and Separation Pay
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Title 10 > Subtitle C > Part II > Chapter 573 > Section 6404
Details
- Reference: Section 6404
- Legend: §6404 – Treatment of Fractions of Years of Service In Computing Retired Pay and Separation Pay
- USCode Year: 2013
Provision Content
In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 415; Pub. L. 96–513, title V, §503(50), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 98–94, title IX, §923(c)(4), Sept. 24, 1983, 97 Stat. 643.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6404 | 34 U.S.C. 410c(a) (1st proviso). | Feb. 21, 1946, ch. 34, §7 (a) (1st proviso), 60 Stat. 27; Aug. 7, 1947, ch. 512, §432(a), 61 Stat. 881. |
| 34 U.S.C. 410j(g) (1st proviso). | Aug. 7, 1947, ch. 512, §312(g) (1st proviso), 61 Stat. 860. | |
| 34 U.S.C. 410d (1st proviso). | Feb. 21, 1946, ch. 34, §9 (1st proviso), 60 Stat. 28; Aug. 7, 1947, ch. 512, §432(b), 61 Stat. 881. | |
| 34 U.S.C. 410j(h) (1st proviso). | Aug. 7, 1947, ch. 512, §312(h) (1st proviso), 61 Stat. 860. | |
| 34 U.S.C. 410r(h). | June 12, 1948, ch. 449, §207(h), 62 Stat. 368. | |
| 34 U.S.C. 410r(j) (proviso). | June 12, 1948, ch. 449, §207(j) (proviso), 62 Stat. 366. | |
| 34 U.S.C. 43g(g). | Apr. 16, 1947, ch. 38, §207(h), 61 Stat. 50; redesignated (g), Aug. 7, 1947, ch. 512, §434(d), 61 Stat. 882; May 16, 1950, ch. 186, §3(j), 64 Stat. 162. | |
| 34 U.S.C. 625h(a). | June 12, 1948, ch. 449, §213(a), 62 Stat. 369. |
The words and a part of a year that is less than six months is disregarded are added for clarity. The legislative history of the Career Compensation Act of 1949, which contains a provision identical to those codified in this section, indicates that all of these provisions are construed as requiring a fractional year of less than six months to be disregarded (hearing before the Committee on Armed Services of the Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, July 6, 1949).
Amendments
1983—Pub. L. 98–94 substituted each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded for a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded.
1980—Pub. L. 96–513 substituted separation pay for severance pay in section catchline and substituted separation pay for lump-sum payments in text.
Effective Date of 1983 Amendment
Amendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-6375 in the Legal Encyclopedia: Navy
In this entry about 10-U.S.C.-6375, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.
10-U.S.C.-6333 in the Legal Encyclopedia: Navy Personnel
In this entry about 10-U.S.C.-6333, find legal reference material, bibliographies and premiere content related to navy personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy personnel-specific issues, written by authorities in the field.
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