Page:United States Statutes at Large Volume 100 Part 1.djvu/726

 100 STAT. 690

PUBLIC LAW 99-348—JULY 1, 1986 "(A) the total amount of monthly basic pay to which the member was entitled for the member's high-36 months, divided by, . "(B) 36. " -" -^"^

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"(2) HlGH-36 MONTHS DEFINED.— "(A) GENERAL RULE.—A member's

high-36 months are the 36 months out of all the months of active duty served by the member as a member of a uniformed service for which the monthly basic pay to which the member was entitled k -J..:..... was the highest. "(B)

RULE FOR NON-REGULAR SERVICE RETIREES.—In

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case of a member who is entitled to retired pay under section 1204 or 1205 of this title or under chapter 67 of this 10 USC 1331 et title, a member's high-36 months are the 36 months out of service before becoming entitled to retired pay for which ^30.yisjfi the monthly basic pay to which the member would have been entitled had he served on active duty during those months was the highest. "(d) LIMITATION FOR ENLISTED MEMBERS RETIRING WITH LESS THAN 30 YEARS' SERVICE.—In the case of a member who is retired
 * ^9all the months the member was a member of a uniformed

Post, p. 696.

under section 3914 or 8914 of this title or who is transferred to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, the member's high-36 average shall be computed using only rates of basic pay applicable to months of active duty of the member as an enlisted member. "(e) SPECIAL RULES FOR SHORT-TERM DISABILITY RETIREES.— "(1) MEMBERS ENTITLED TO RETIRED PAY UNDER SECTION 1201 OR

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1202.—In the case of a member who— "(A) is entitled to retired pay under section 1201 or 1202 of this title; and "(B) served on active duty for less than 36 months, the months (including any fraction thereof) that the member served on active duty shall be deemed to be the member's high36 months. "(2) MEMBERS ENTITLED TO RETIRED PAY UNDER SECTION 1204 OR

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1205.—In the case of a member who— "(A) is entitled to retired pay under section 1204 or 1205 of this title; and "(B) was a member of a uniformed service for less than 36 months, the months (including any fraction thereof) that the member was such a member shall be deemed to be the member's high-36 months.

"(f) SPECIAL RULE FOR MEMBERS RETIRING WITH NON-REGULAR SERVICE.— "(1) DISABILITY RETIREMENT.—In the case of a member of a

uniformed service who is entitled to retired pay under section 1204 or 1205 of this title (relating to members on active duty for ,.. 30 days or less), the high-36 average is determined as if the ^^]^ member served on active duty and was entitled to basic pay for the member's high-36 months. "(2) CHAPTER 67 RETIREMENT.—In the case of a person who is „« entitled to retired pay under section 1331 of this title (relating to retired pay for non-regular service), the person's high-36

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