Page:United States Statutes at Large Volume 108 Part 4.djvu/370

 108 STAT. 3004 PUBLIC LAW 103-337 —OCT. 5, 1994 "(b) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay. "§ 12739. Computation of retired pay "(a) The monthly retired pay of a person entitled to that pay under this chapter is the product of— "(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and "(2) 2V2 percent of the years of service credited to that person under section 12733 of this title. "(b) The amount computed under subsection (a) may not exceed 75 percent of the retired pay base upon which the computation is based. "(c) Amounts computed under this section, if not a multiple of $1, shall be rounded down to the next lower multiple of $1.". 10 USC 1401. (2) Section 1401(a) is amended by striking out formula number 3 in the table set forth in that section. 10 USC 1405. (3) Section 1405(a)(3) is amended by striking out "section 1333" and "section 1331" and inserting in lieu thereof "section 12733" and "section 12731", respectively. 10 USC 1406. (4) Section 1406(b) is amended— (A) by striking out the matter preceding the table and inserting in lieu thereof the following: "(b) RETIREMENT UNDER SUBTITLE A OR E. — " (1) DISABILITY, WARRANT OFFICER, AND DOPMA RETIRE- MENT. —In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table."; (B) in the table— (i) by striking out the entry relating to section 1331 (including the matter relating to that entry in the column under the heading "The retired pay base is:"); and (ii) by redesignating the references to footnotes 3 and 4 so as to refer to footnotes 2 and 3, respectively; (C) by striking out footnote 2 to the table and redesignating footnotes 3 and 4 as footnotes 2 and 3, respectively; and (D) by adding at the end the following: "(2) NON-REGULAR SERVICE RETIREMENT. —In the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted, of the highest grade held satisfactorily by the person at any time in the armed forces. For purposes of the preceding sentence, the highest grade in which a person served satisfactorily as an officer shall be determined in accordance with section 1370(d) of this title.". 10 USC 1407. (5) Section 1407 is amended— (A) in subsection (c)(2)(B), by striking out "chapter 67" and inserting in lieu thereof "chapter 1223"; and (B) in subsection (f)(2)— (i) by striking out "CHAPTER 67" in the heading and inserting in lieu thereof "CHAPTER 1223"; and

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