Page:United States Statutes at Large Volume 94 Part 1.djvu/1153

 94 STAT. 1103

PUBLIC LAW 96-342—SEPT. 8, 1980

"(c) 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, and w h o 'll) was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disabihty retired list; "(2) incurs, while on active duty after retirement or after his name was placed on the temporary disability retired 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 that 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, increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay, or (2) retired pay computed as follows: Column 1

Column 2

Column 3

Column 4

Take

Multiply by

Add

Subtract

The monthly As member retired pay base elects— computed under (1) 2y2 percent section 1407(b) of of years of this title. service credited under section 1208 of this title; 1 or (2) the highest percentage of disability attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be.

Amount necessary Excess over 75 to increase percent of product of monthly retired columns 1 and 2 or retainer pay to 50 percent of base upon which pay upon which computation is computation is based. 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 part of a year that is less than six months.

"(e) Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from that active duty, to have his retired pay or retainer pay— "(1) computed according to the formula set forth in subsection (a) but using the monthly retired pay base under which his retired pay or retainer pay was computed when he entered on that active duty; and "(2) increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay.".

79-194

O—81—pt. 1

73: QL3

Ante, p. 1077. 10 USC 1201, 1204.

10 USC 1201, 1202, 1204, 1205.

10 USC 1401a.

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