Page:United States Statutes at Large Volume 100 Part 1.djvu/740

 100 STAT. 704

PUBLIC LAW 99-348—JULY 1, 1986

"§ 1402. Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980". (3) The table of sections at the beginning of chapter 571 is amended— (A) by striking out the item relating to section 6328; and (B) by striking out the item relating to section 6333 and inserting in lieu thereof the following:

10 USC 6321.

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"6333. Computation of retired and retainer pay.. SEC. 305. CODIFICATION OF PERMANENT LIMITATIONS ON RETIRED AND RETAINER PAY PROVIDED IN APPROPRIATION ACTS (a) LIMITATION ON CREDITING CERTAIN UNSERVED SERVICE IN ENTITLEMENT TO AND COMPUTATION OF RETAINER PAY.—

10 USC 6330.

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10 USC 6330 note. lO^Y^^ 1401

note.

(1) CODIFICATION.—Section 6330(d) is amended— (A) by inserting "(1)" after "(d)"; (B) by striking out the second sentence; and (C) by adding at the end the following: "(2) In determining a member's eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)— "(A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977; and "(B) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977. "(3)(A) Subject to subparagraph (B), in determining a member's years of active service for the computation of retainer pay under subsection (c)— "(i) a completed minority enlistment of the member is counted as four years of active service; and "(ii) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term. "(B) In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977, service attributable under subparagraph (A) to time which, after December 31, 1977, is not actually served by the member may not be counted.". (2) REPEAL OF SOURCE LAW.—Section 8039 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473 (98 Stat. 1930)), is repealed. (b) SIX-MONTH ROUNDING RULE.— (1) GENERAL RULE.—Retired pay or retainer pay may not be paid to a covered member of the Armed Forces (as defined in paragraph (3)) for any month in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the com*" ' putation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served. (2) EXCEPTIONS.—The limitation in paragraph (1) does not - - apply to a member who before January 1, 1982— (A) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve;

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