Page:United States Statutes at Large Volume 94 Part 1.djvu/1155

 PUBLIC LAW 96-342—SEPT. 8, 1980

94 STAT. 1105

Defense Authorization Act, 1981, at the rate of 2y2 percent of the basic pay of the grade in which he retired; or "(B) 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.". (B) Subsection (b)(2) of such section 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 Defense Authorization Act, 1981, at the rate of 2y2 percent of the basic pay of the grade he would hold if he had not received such an appointment; or "(B) 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.". (4) Clause (2) of section 6326(c) 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 a person 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 basic pay of the pay grade in which he was serving on the day before retirement or, if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher; or "(B) in the case of 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, computed by multiplying the monthly retired pay base computed under section 1407(d) of this title by 75 percent.". (5) Subsection (c) of section 6330 of such title is amended to read as follows: "(c)(1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay—

Ante, p. iioo. ^«^e, p. i077.

lo use 1405.

lo use 6326.

lo use 633o.

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