Page:United States Statutes at Large Volume 94 Part 1.djvu/1157

 PUBLIC LAW 96-342—SEPT. 8, 1980

94 STAT. 1107

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 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.". (8) Section 6390(b)(2) of such title is amended to read as follows: "(2) 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 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 21/2 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 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.". (9) Subsection (h) of section 6394 of such title is amended to read as follows: "(h) 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 he retired; or '(2) in the case of a 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 2^/2 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 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.". (10) Clause (2) of section 6396(b) of such title is amended to read as follows: "(2) with 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 in which she 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 her under section 1405 of this title, but the retired pay may not be more than 75 percent of the basic pay or monthly retired pay

^^te, p. iioo. 10 USC 1405. 10 USC 6390.

^"^^' P 1077.

10 USC 6394.

10 USC 6396.

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