Page:United States Statutes at Large Volume 94 Part 1.djvu/1150

 94 STAT. 1100

PUBLIC LAW 96-342—SEPT. 8, 1980

CHANGE IN METHOD OF COMPUTATION OP RETIRED PAY FOR PERSONS BECOMING MEMBERS OF THE UNIFORMED SERVICES AFTER THE ENACTMENT OF THIS ACT

SEC. 813. (a)(1) Chapter 71 of title 10, United States Code, relating to computation of retired pay, is amended by adding at the end thereof the following new section: 10 USC 1407

«§ 1407. Retired pay base "(a)(1) The retired pay or retainer pay of any person who first became a member of a uniformed service on or after the date of the Ante, p. 1077. enactment of the Department of Defense Authorization Act, 1981, is determined using the monthly retired pay base or monthly retainer pay base computed under this section. In making any computation under this section, the rates of basic pay to be used are those most favorable to the member. "Uniformed "(2) In this section, 'uniformed service' means— service." "(A) any of the armed forces; "(B) the commissioned corps of the Public Health Service; or "(C) the commissioned corps of the National Oceanic and Atmospheric Administration. "(b)(1) In the case of a member who is retired under section 1201 or 10 USC 1201, 1202 of this title, the monthly retired pay base is— 1202. "(A) one thirty-sixth of the total amount of monthly basic pay which the member received for any 36 months (whether or not consecutive) of active duty as a member of a uniformed service; or "(B) in the case of a member who served on active duty for less than 36 months, the amount equal to the total amount of basic pay which the member received during the period he served on active duty as a member of a uniformed service divided by the number of months (including any fraction thereof) which he served on active duty. "(2) In the case of a member who is retired under section 1204 or 10 USC 1204, 1205 of this title, the monthly retired pay base is— 1205 "(A) one thirty-sixth of the total amount of monthly basic pay which the member would have received if he had served on active duty as a member of a uniformed service during any 36 months (whether or not consecutive) during the period he was a member of a uniformed service preceding the date on which he became entitled to retired pay; or "(B) in the case of a member who was a member for less than 36 months, the amount equal to the total amount of basic pay which he would have received if he had served on active duty during the period he was a member of a uniformed service divided by the number of months (including any fraction thereoO he was such a member. "(3) In the case of a member who is retired under section 1331 of 10 USC 1331. this title, the monthly retired pay base is one thirty-sixth of the total amount of monthly basic pay to which the member would have been entitled during any 36 months (whether or not consecutive) during the period he was a member of a uniformed service had he served on active duty during such months. "(4) In the case of a member who is retired under section 564, 1263, 10 USC 564, 1293, or 1305 of this title, the monthly retired pay base is one thirty1263, 1293, 1305. gjxth of the total amount of monthly basic pay which the member received for any 36 months (whether or not consecutive) of active duty as a member of a uniformed service. "(5) In the case of a member whose retired or retainer pay is Post, p. 1102. recomputed under section 1402a(d) of this title, the monthly retired

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