Page:United States Statutes at Large Volume 116 Part 4.djvu/661

 PUBLIC LAW 107-372—DEC. 19, 2002 116 STAT. 3089 (2) THREE TO SIX YEARS.—In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1). (c) OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE Applicability. PROVISIONS.— The provisions of subsections (f), (g), and (h) of section 1174 of title 10, United States Code, shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section. SEC. 243. MANDATORY RETIREMENT FOR AGE. 33 USC 3043. (a) OFFICERS BELOW GRADE OF REAR ADMIRAL (LOWER HALF).— Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. (b) FLAG OFFICERS.— Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age. SEC. 244. RETIREMENT FOR LENGTH OF SERVICE. 33 USC 3044. An officer who has completed 20 years of service, of which at least 10 years was service as a commissioned officer, may at any time thereafter, upon application by such officer and in the discretion of the President, be placed on the retired list. SEC. 245. COMPUTATION OF RETIRED PAY. 33 USC 3045. (a) OFFICERS FIRST BECOMING MEMBERS BEFORE SEPTEMBER 8, 1980. —Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying— (1) the retired pay base determined under section 1406(g) of title 10, United States Code; by (2) 2V^ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer's service were service as a member of the Armed Forces. The retired pay so computed may not exceed 75 percent of the retired pay base. (b) OFFICERS FIRST BECOMING MEMBERS ON OR AFTER SEP- TEMBER 8, 1980.— Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying— (1) the retired pay base determined under section 1407 of title 10, United States Code; by (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer's service were service as a member of the Armed Forces. (c) TREATMENT OF FULL AND FRACTIONAL PARTS OF MONTHS IN COMPUTING YEARS OF SERVICE.—

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