Page:United States Statutes at Large Volume 77.djvu/246

 214

PUBLIC LAW 88-132-OCT. 2, 1963

[77 STAT.

" (b) In January of each calendar year after 1963, the Secretary of Defense shall determine the percent*^ that the annual average of the Consumer Price Index (all items—United States city average) published by the Bureau of Labor Statistics for the preceding calendar year has increased over that for 1962 or, if later, for the calendar year preceding that in which the most recent adjustment in retired pay and retainer pay has been made under this subsection. If the Secretary determines the percent of that increase to be 3 or more; the retired pay or retainer pay of a member or former member of an armed force who became entitled to that pay before January 2 of the year in which the Secretary makes that determination shall, as of April 1 of that year, be increased by that percent, adjusted to the nearest one-tenth of 1 percent."; and (2) by inserting the following new item in the analysis: "14la. Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index."

70A Stat. 106. 70A Stat. 232; VoA^staf°55671 Stat. 3 89. '

(h) Title 10, United States Code, is amended as follows: (1) Section 1401 is amended by striking out the words ", and adjust to reflect later changes in applicable permanent rat^s" in footnote 1 to the table; (2) Sectious 3991 and 8991 are each amended— ( ^) ^^ amending column 1 of formula A in the table to read as follows: "Monthly basic pay ^ of member's retired grade.'"; and

(B) by amending footnote 2 to the table to read as follows: "^ Compute, at rates applicable on date of retirement."

Repeal. 70A Stat. 385.

(3) Chapter 561 is amended by repealing section 6149 and Striking out the following item in the analysis: ••6149. Retired pay: computed on basis of rates of pay for officers on the active list."

70Astat. 385; 70A Stat. 396. 70A Stat. 413; 71 Stat. 385; 70A Stat. 414.
 * SA stt'39472 Stat. 1511.'

63 Stat. 525.

70A Stat. 619. 70A Stat. 107.

(4) Sections 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6326 (^) (2)» 6381(a)(2), 6383(c)(2), 6390(b)(2), and 6394(h) are each amended by striking out the words "to which he would be entitled if serving on active duty in" and inserting in place thereof the word "of". (5) Section 6327(b) is amended by striking out the words "to which he would be entitled if on active duty" and inserting in place thereof the words "of the grade in which retired". (6) Sectlous 6396(c)(2), 6398(b)(2), 6399(c)(2), and 6400 (b)(2) are each amended by striking out the words "to which she would be entitled if serving on active duty in" and inserting in place thereof the word "of". (i) Section 423 of title 14, United States Code, is amended by striking out the word "active-duty" wherever it appears and inserting in place thereof the word "basic". (j) A member or former member of a uniformed service is not entitled to an increase in his retired pay or retainer pay because of the enactment of this Act for any period before the effective date of this Act. (k) Section 3(b) of the Act of August 10, 1956, ch. 1041 (33 U.S.C. 857a(b)), and section 221(b) of the Public Health Service Act (42 U.S.C. 213a (b)) are each amended by striking out the words "or 'the Secretary concerned' " and inserting in place thereof the words ", 'the Secretary concerned', or 'the Secretary of Defense' ". (1)(1) Section 1402(a) of title 10, United States Code, is amended to read as follows: " (a) A member of an armed force who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other

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