Page:United States Statutes at Large Volume 70A.djvu/164

106 106 CHAPTER 71.—COMPUTATION OF RETIRED PAY Sec. 1401. 1402. 1403. 1404.

Computation of retired pay. Recomputation of retired or retainer pay to reflect later active duty. Disability retired pay: treatment under title 26. Applicability of section 47a of title 5.

§1401. Computation of retired pay The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed "For sections", retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, 3, and 4, as modified by the applicable footnotes. However, if a person would otherwise be entitled to retired pay computed under more than one pay formula of this table or of any other provision of law, he is entitled to be paid under the applicable formula that is most favorable to him. Section references below are to sections of this title. For- For mula secNo. tions

Column 1

Column 2

Column 3

Column 4

Take

Multiply by

Add

Subtract

1

1201 1204

Monthly basic pay • of grade to which member is entitled under section 1372.

As member elects— (1) 2H% of years of service credited to him under section 1208;' or (2) the percentage of disability on date when retired.

Excess over 75% of pay upon which computation Is based.

2

1202 1205

Monthly basic pay > of grade to which member Is entitled under section 1372.

As member elects— (1) 214% of years of service credited to him under section 1208;3 or (2) the percentage of disability on date when his name was placed on temporary disability retired list.

3

1331

Monthly basic pay * of highest grade held satisfactorily by person at any time in the armed forces.

2H% of years of service credited to him under section 1333.

Excess over 75% of pay upon which computation is based.

4

564 1255 1263 1293 1305

Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay of that warrant officer grade.

23^% of years of service that may be credited to him in computing basic pay.'

Excess over 75% of pay upon which computation is based.

Amount necessary to increase product of columns 1 and 2 to 50% of pay upon which computation is based.

Excess over 75% of pay upon which computation is based.

> Compute at rates applicable on date of retirement or date when member's name was placed on temporary disability retired list, as the case may be, and adjust to reflect later changes in applicable permanent rates. » Compute at rates applicable on date when retired pay is granted. • Before applying percentage factor, credit a part of a year that is six months or more as a whole year,, and disregard a part of a year that is less than six months.

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