Page:United States Statutes at Large Volume 94 Part 1.djvu/1154

 94 STAT. 1104 10 USC 1402.

PUBLIC LAW 96-342—SEPT. 8, 1980

(B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1402 the following new item: "Sec. 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.".

10 USC 1373, 1403.

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

10 USC 6323.

10 USC 1405. 10 USC 6325.

(C) Sections 1373 and 1403 of such title a r e amended by inserting WQJ. i402a(d)" after "1402(d)". (D) The second sentence of section 205(a) of title 37, United States Code, is amended by inserting " and section 1402a(a)-(d)" after "1402(a)-(d)". (c) The tables contained in sections 3991 and 3992 of title 10, United States Code, a r e amended by striking out " T a k e " in the heading in column 1 and inserting in lieu thereof the following: "For a person who first became a m e m b e r of uniformed service (as defined in section 1407(a)(2) of t h i s title) on or after the date of the e n a c t m e n t of the Department of Defense Authorization Act, 1981, t a k e the monthly retired pay base as computed under section 1407(c). For all

others, take". (d)(1) Subsection (c) of section 6322 of title 10, United States Code, is amended to read as follows: "(c) Each officer who is retired under this section is entitled to retired pay— ' (1) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 75 percent of the highest basic pay of the grade in which retired; or "(2) in the case of an officer 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, at the rate of 75 percent of the monthly retired pay base computed under section 1407(d) of this title.". (2) Subsection (e) of section 6323 of such title is amended to read as follows: "(e) Unless otherwise entitled to higher pay, an officer retired under this section is entitled to retired pay— "(1) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2V2 percent of the basic pav of the grade in which retired; or '(2) in the case of an officer 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, at the rate of 2y2 percent of the monthly retired pay base computed under section 1407(d) of this title; multiplied by the number of years of service that may be credited to him under section 1405 of this title, but the retired pay so computed may not be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay is based.". (3)(A) Subsection (a)(2) of section 6325 of such title is amended to read as follows: "(2) unless otherwise entitled to higher pay, is entitled to retired pay— (A) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of

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