Page:United States Statutes at Large Volume 70A.djvu/165

107 lOY § 1402. Recomputation of retired or retainer pay to reflect later active duty (a) A member of an armed force who has been retired or has become entitled to retainer pay, and who thereafter serves on active duty, is entitled, upon release from that duty, to recompute his retired or retainer pay as follows: Column 1

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Monthly basic pay or base and longevity pay, as the case may be, of the grade in which he would be eligible to retire if he were retiring upon that release from active duty.

2H% of the sum of— (1) the years of service that may be credited to him in computing retired or retainer pay: and (2) his years of active service after retirement or becoming entitled to retainer pay.J

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

' 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.

(b) A member of an armed force who has been retired other than for physical disability, and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d). (c) A member of an armed force who— (1) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list; (2) incurs, while on active duty after retirement or after his name was placed on that list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on the temporary disability retired list; and (3) is qualified under section 1201, 1202, 1204, or 1205 of this title; is entitled, upon his release from active duty, to retired pay under subsection (d). (d) A member of an armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, or (2) retired pay computed as follows: Column 1

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Highest monthly basic pay that member received while on active duty after retirement or after date when his name was placed on temporary disability retired list, as the case may be.

As member elects— (1) 2>^% of years of service credited under section 1208 of this title;' or (2) the highest percentage of disability attained while on active duty afteretirement or after the date when his name was placed on temporary disability retired list, as the case may be."

A d d a m o u n t Excess over 75% necessary to of pay upon increase prodwhich coirpuuct of columns tation is based. 1 and 2 to 50% of pay upon which computation is based. if member is on temporary disability retired list.

> Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a peirt of a year that is less than six months.

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