Page:United States Statutes at Large Volume 100 Part 1.djvu/725

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 689

computed under section 16 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853o), the retired pay 33 USC 853o. base is the basic pay of the rank with which the officer retired. "(h) COMMISSIONED CORPS OF PUBLIC HEALTH SERVICE.—In the case of an officer who is retired under section 210(g) or 211(a) of the Public Health Service Act (42 U.S.C. 211(g), 212(a)), the retired pay Pos^, pp. 701,702. base is determined as follows: "(1) MANDATORY RETIREMENT.—If the officer is retired under section 210(g) of such Act, the retired pay base is the basic pay of the permanent grade held by the officer at the time of
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retirement. "(2) VOLUNTARY RETIREMENT.—If the officer is retired under section 211(a) of such Act, the retired pay base is the basic pay of the highest grade held by the officer and in which, in the case <of a temporary promotion to such grade, the officer has per' formed active duty for not less than six months. "(i) SPECIAL RULE FOR FORMER CHAIRMEN OF THE J C S, CHIEFS OF SERVICE, AND SENIOR ENLISTED MEMBERS.—

"(1) IN GENERAL.—For the purposes of subsections (b) through (e), in determining the rate of basic pay to apply in the determination of the retired pay base of a member who has served as Chairman of the Joint Chiefs of Staff, as a Chief of Service, or as the senior enlisted member of an armed force, the highest rate of basic pay applicable to the member while serving in that position shall be used, if that rate is higher than the rate otherwise authorized by this section. "(2) DEFINITIONS.—In this subsection: «... "(A) The term 'Chief of Service' means any of the following: a.'] s "(i) Chief of Staff of the Army, "(ii) Chief of Naval Operations, "(iii) Chief of Staff of the Air Force. "'•' "(iv) Commandant of the Marine Corps. i, "(v) Commandant of the Coast Guard. "(B) The term 'senior enlisted member' means any of the •..' ^ following: "(i) Sergeant Major of the Army. ^'i. "(ii) Master Chief Petty Officer of the Navy, "(iii) Chief Msister Sergeant of the Air Force. "(iv) Sergeant Major of the Marine Corps. "(v) Master Chief Petty Officer of the Coast Guard. "§ 1407. Retired pay base for members who first became members lo use 1407. after September 7, 1980: high-36 month average "(a) U S E OF RETIRED PAY BASE IN COMPUTING RETIRED PAY.—The

retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service after September 7, 1980, is computed using the retired pay base or retainer pay base determined under this section. "(b) HIGH-THREE AVERAGE.—The retired pay base or retainer pay base of a member under this section is the member's high-three average determined under subsection (c). "(c) COMPUTATION OF HIGH-THREE AVERAGE.—

"(1) FORMULA.—For the purposes of this section, a member's high-three average is the amount equal to—

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