Page:United States Statutes at Large Volume 101 Part 3.djvu/238

 101 STAT. 1536

PUBLIC LAW 100-224—DEC. 30, 1987

Public Law 100-224 100th Congress ' —" ' - Dec. 30, 1987 [H.R. 2974]

An Act

To amend title 10, United States Code, to make technical corrections in provisions of law enacted by the Military Retirement Reform Act of 1986.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Wages.

SECTION 1. COST-OF-LIVING ADJUSTMENTS OF MILITARY RETIRED PAY. (a) RULE FOR C P I - 1 FORMULA FOR N E W ENTRANTS.—Subsection (b)

of section 1401a of title 10, United States Code, is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): "(4) SPECIAL RULE FOR PARAGRAPH (3).—If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided . by law) when the next increase in retired pay is made under this subsection, the increase under paragraph (3) shall be carried out so as to achieve the same net increase in retired pay under that paragraph that would have been the case if that law ^ had not been enacted.". (b) PRO RATING OF INITIAL C P I ADJUSTMENT FOR N E W MEMBERS.—

Subsection (e) of such section is amended by striking out "only by" and all that follows in that subsection and inserting in lieu thereof the following: "by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between— "(1) the percent by which— "(A) the price index for the base quarter of that year, exceeds "(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and "(2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A). If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made.". SEC. 2. RESTORAL OF BENEFITS AT AGE 62 FOR NEW RETIREMENT MEMBERS.

Section 1410 of title 10, United States Code, is amended— (1) by striking out "(a) GENERAL RULE.—" and

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(2) by striking out "the amount equal to—" and all that follows and inserting in lieu thereof "the amount equal to the amount of retired pay to which the member would be entitled on that date if— "(1) increases in the member's retired pay under section 1401a(b) of this title had been computed as provided in para-

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