Page:United States Statutes at Large Volume 116 Part 4.djvu/144

 116 STAT. 2572 PUBLIC LAW 107-314—DEC. 2, 2002 10 USC 12731 note. 10 USC 12739 note. (2) by inserting before the semicolon ", except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight". (b) CONFORMING AMENDMENT.—Subsection (f) of such section is repealed. (c) EFFECTIVE DATE. —The amendments made by subsection (a) shall take effect on October 1, 2002. No benefit shall accrue to any person for any period before that date by reason of the enactment of those amendments. SEC. 632. INCREASED RETIRED PAY FOR ENLISTED RESERVES CRED- ITED WITH EXTRAORDINARY HEROISM. (a) AUTHORITY.— Section 12739 of title 10, United States Code, is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): "(b) If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person's retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary's determination as to extraordinary heroism is conclusive for all purposes.". (b) CONFORMING AMENDMENT.—Subsection (c) of such section, as redesignated by subsection (a)(1), is amended by striking "amount computed under subsection (a)" and inserting "total amount of the monthly retired pay computed under subsections (a) and (b)". (c) EFFECTIVE DATE. —The amendments made by subsections (a) and (b) shall take effect on October 1, 2002, and shall apply with respect to retired pay for months beginning on or after that date. SEC. 633. ELIMINATION OF POSSIBLE INVERSION IN RETIRED PAY COST-OF-LIVING ADJUSTMENT FOR INITIAL COLA COM- PUTATION. (a) ELIMINATION OF POSSIBLE COLA INVERSION. —Section 1401a of title 10, United States Code, is amended— (1) in subsections (c)(1), (d), and (e), by inserting "but subject to subsection (f)(2)" after "Notwithstanding subsection (b)"; (2) in subsection (c)(2), by inserting "(subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section)" after "shall be increased"; and (3) in subsection (f)— (A) by designating the text after the subsection heading as paragraph (1), indenting that text two ems, and inserting " PREVENTION OF RETIRED PAY INVERSIONS.—" before "Notwithstanding"; and (B) by adding at the end the following new paragraph: "(2) PREVENTION OF COLA INVERSIONS. — The percentage of the first adjustment under this section in the retired pay of any person, as determined under subsection (c)(1), (c)(2), (d),

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