Page:United States Statutes at Large Volume 120.djvu/2290

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2259

of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, rather than such rate as so reduced. ‘‘(b) COVERED GENERAL AND FLAG OFFICERS.—In this section, the term ‘covered general or flag officer’ means a member or former member who after September 30, 2006, is retired in a general officer grade or flag officer grade.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1407 the following new item: ‘‘1407a. Retired pay base: officers retired in general or flag officer grades.’’. SEC. 642. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM PERCENTAGE TO CERTAIN SERVICE OF MEMBERS OF THE ARMED FORCES IN EXCESS OF 30 YEARS.

(a) IN GENERAL.—Paragraph (3) of section 1409(b) of title 10, United States Code, is amended to read as follows: ‘‘(3) 30 YEARS OF SERVICE.— ‘‘(A) RETIREMENT BEFORE JANUARY 1, 2007.—In the case of a member who retires before January 1, 2007, with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent. ‘‘(B) RETIREMENT AFTER DECEMBER 31, 2006.—In the case of a member who retires after December 31, 2006, with more than 30 years of creditable service, the percentage to be used under subsection (a) is the sum of— ‘‘(i) 75 percent; and ‘‘(ii) the product (stated as a percentage) of— 1⁄2; and ‘‘(I) 2 ‘‘(II) the member’s years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.’’. (b) RETIRED PAY FOR NON-REGULAR SERVICE.—Section 12739(c) of such title is amended— (1) by striking ‘‘The total amount’’ and inserting ‘‘(1) Except as provided in paragraph (2), the total amount’’; and (2) by adding at the end the following new paragraph: ‘‘(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under section 12733 of this title, the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of— ‘‘(A) 75 percent of the retired pay base upon which the computation is based; and ‘‘(B) the product of— ‘‘(i) the retired pay base upon which the computation is based; and 1⁄2 percent of the years of service credited ‘‘(ii) 2 to that person under section 12733 of this title, for service under conditions authorized for purposes of

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