10 U.S. Code § 12739 - Computation of retired pay
(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) 21/2 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 person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
(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—
(B) the product of—
(ii) 21/2 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.
(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;
Source(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.)
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).
2009—Subsec. (e). Pub. L. 111–84added subsec. (e).
2006—Subsec. (c). Pub. L. 109–364designated 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), redesignatedsubsec. (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), redesignatedsubsec. (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.”
LII has no control over and does not endorse any external Internet site that contains links to or references LII.