Page:United States Statutes at Large Volume 77.djvu/245

 77

STAT.]

PUBLIC LAW 88-132-OCT. 2, 1963

213

(2) to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act; whichever pay is the greater. (c) A member or former member of a uniformed service who is entitled to retired pay or retainer pay computed under the rates of basic pay that were in effect under the Career Compensation Act of 1949 before June 1, 1958, including a member or former member who is 63 Stat. 802. entitled to retired pay under section 7(b) or (c) of the Act of May 20, 1958, Public Law 85-422 (72 Stat. 130), is entitled— (1) to have that pay recomputed under the rates of basic pay that were in effect under that Act on the day before the effective date of this Act; or (2) to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act; whichever pay is the greater. (d) A member or former member of a uniformed service who was entitled to retired pay on the day before the effective date of this Act and who served as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps is entitled— (1) to have his retired pay recomputed under the formula for computing retired pay applicable to him— (A) when he retired; or (B) if he served on active duty after he retired and his retired pay was recomputed by reason of that service, when his retired pay was so recomputed; using as his rate of basic pay the rate of basic pay prescribed for officers serving on active duty in those positions on June 1, 1958, by footnote 1 to the table for commissioned officers in section 201(a) of the (^areer (Compensation Act of 1949, as amended (72 76 Stat. 500. Stat. 122); or (2) to an increase of 5 percent in the retired pay to which he was entitled on the day before the effective date of this Act; whichever pay is the greater. (e) A member or former member of a uniformed service who was entitled to retired pay or retainer pay on the day before the effective date of this Act, other than a member or former member who is covered by subsection (b), (c), or (d) of this section, is entitled to an increase of 5 percent in the retired pay or retainer pay to which he was entitled on the day before the effective date of this Act. (f) Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this Act shall continue to receive the pay and allowances to which he was entitled on that day: (1) The Act of March 28, 1946, chapter 112 (60 Stat. 59). so use app. (2) The A c to f June 26, 1948, chapter 677 (62 Stat. 1052). 1691-1692 note. (3) The Act of September 18, 1950, chapter 952 (64 Stat. s use 626c note. A224). (g) Chapter 7l of title 10, United States Code, is amended— 70A Stat. 106. (1) by adding the following new section after section 1401: "§ 1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index "'(a) Unless otherwise specifically provided by law, the retired pay or retainer pay of a member or former member of an armed force shall not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces if that increase becomes effective after the effective date of this section.

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