Page:United States Statutes at Large Volume 94 Part 1.djvu/1152

 94 STAT. 1102

Ante, p. 1100. Ante, p. 1077. 10 USC 1402.

10 USC 1402a.

Ante, p. 1100. Ante, p. 1077.

PUBLIC LAW 96-342—SEPT. 8, 1980

fbXD The table contained in section 1401 of title 10, United States Code, is amended by striking out "Take" in the heading in column 1 and inserting in lieu thereof the following: "For a person who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, take the monthly retired pay base as computed under section 1407(b). For all others, take". (2) Section 1402 of such title is amended by inserting "who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and" in subsections (a), (b), and (c) after "of an armed force". (3)(A) Chapter 71 of such title is amended by inserting after section 1402 the following new section: "§ 1402a. Recomputation of retired or retainer pay to reflect later active duty in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981 "(a) A member of an armed force who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty as follows: Column 1

Column 2

Take

Multiply by

Column 'A Subtract

Monthly retired or retain- 2y2 percent of the sum Excess over 75 percent of er pay base under secofmonthly retired or retion 1407 of this title (1) the years of service tainer pay base upon which he would be entithat may be credited to which computation is tled to use if— him in computing rebased. (1) he were retiring tired pay or retainer upon release from that pay; and active duty; or (2) his years of active (2) he were transferservice after becoming ring to the Fleet Reentitled to retired pay serve or Fleet Marine or retedner pay. • Corps Reserve upon that release from active duty. ' Before applying the 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.

10 USC 1201 et seq.

"(b) A member of an armed force who first became a member of a uniformed service on or after the date of the enactment of the Department of Defense Authorization Act, 1981, 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).

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