33 U.S. Code § 3045 - Computation of retired pay | US Law

§ 3045.

Computation of retired pay

(a) Officers first becoming members before September 8, 1980Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—

(1)

the retired pay base determined under section 1406(g) of title 10; by

(2)

2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.

The retired pay so computed may not exceed 75 percent of the retired pay base.

(b) Officers first becoming members on or after September 8, 1980Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—

(1)

the retired pay base determined under section 1407 of title 10; by

(2)

the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.

(c) Treatment of full and fractional parts of months in computing years of service

(1) In generalIn computing the number of years of service of an officer for the purposes of subsection (a)—

(A)

each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as ¹⁄₁₂ of a year; and

(B)

any remaining fractional part of a month shall be disregarded.

(2) Rounding

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

(Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 114–92, div. A, title VI, § 631(c)(3), Nov. 25, 2015, 129 Stat. 844.)

Amendment of Subsection (a)(2)

Pub. L. 114–92, div. A, title VI, §§ 631(c)(3), 635, Nov. 25, 2015, 129 Stat. 844, 851, provided that, effective Jan. 1, 2018, with certain implementation requirements, subsection (a)(2) of this section is amended to read as follows:

(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.

See 2015 Amendment note below.

Prior Provisions

Provisions similar to those in this section were contained in section 853o of this title prior to repeal by Pub. L. 107–372.

Amendments

2015—Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.”

Effective Date of 2015 Amendment; Implementation

Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

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