Page:United States Statutes at Large Volume 94 Part 1.djvu/1158

 94 STAT. 1108

10 USC 6398.

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

10 USC 1405.

10 USC 6400.

10 USC 6151.

PUBLIC LAW 96-342—SEPT. 8, 1980

base upon which the computation of retired pay is based and, in the case of retired pay computed under clause (A), may not be less than 50 percent of the basic pay upon which the computation of retired pay is based.". m) Clause (2) of section 6398(c)(2) of such title is amended to read as follows: "(2) 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 2 V percent of 2 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 2 V 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 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 base upon which the computation of retired pay is based and, in the case of retired pay computed under clause (A), may not be less than 50 percent of the basic pay upon which the computation of retired pay is based.". (12) Clause (2) of section 6400(b) of such title is amended to read as follows: "(2) is entitled to retifed 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 base upon which the computation of retired pay is based.'. (13) Subsections (b) and (c) of section 6151 of such title are amended to read as follows: "(b)(l) Each member, other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve, who is advanced on the retired list under this section is, unless otherwise entitled to higher retired pay, entitled to retired pay— "(A) in the case of a member 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 pay of the grade to which advanced; or "(B) in the case of a member 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

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