§1402a — Title 10 Armed Forces | U.S. Code

Summary

Allows certain people who first joined after September 7, 1980, and who later go on active duty (not for training) to have their retired or retainer pay recalculated when they leave that active duty. That includes members who already had retired pay, members who were retired (not for physical disability) and then on active duty get a physical disability of at least 30 percent making them eligible under chapter 61, and members retired for disability or on the temporary disability retired list who later get additional or worsened disabilities and meet the listed qualifications. When they leave active duty they can choose either the retired pay they already had with any adjustments under section 1401a or a recalculated amount. The recalculation uses either 2.5% per year of credited service or the highest disability percentage (up to 75%) they reached while serving after retirement or after being placed on the temporary disability retired list. If they were on that temporary list, the recalculated pay is increased if needed so it equals at least 50% of the pay base. They can instead opt to have the recomputation use the pay base that applied when they began that active duty, with adjustments under section 1401a. If a member retired under section 7314 or 9314 and the Secretary credits them with extraordinary heroism during active duty, 10% is added to the recomputed pay, but the total cannot exceed 75% of the pay base; the Secretary’s decision about heroism is final.

Title 10, §1402a

Armed Forces — Source: USLM XML via OLRC

(a)A member of an armed force—

(1)who first became a member of a uniformed service after September 7, 1980;

(2)who has become entitled to retired pay or retainer pay; and

(3)who thereafter serves on active duty (other than for training),

(b)A member of an armed force who first became a member of a uniformed service after September 7, 1980, who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).

(c)A member of an armed force who first became a member of a uniformed service after September 7, 1980, and who—

(1)was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability 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;

(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 according to the following table. Column 1 TakeColumn 2 Multiply byColumn 3 Add 1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. The retired pay base computed under section 1407(b) of this title.As member elects— (1) 2½ percent of years of service credited under section 1208 of this title; 1 or (2) the highest percentage of disability, not to exceed 75 percent, 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 to increase product of columns 1 and 2 to 50 percent of pay upon which computation is based, if member is on temporary disability retired list.

(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.

(f)(1)In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 7314 or 9314 of this title, the member’s retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces.

(2)The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the retired pay base upon which the recomputation of such retired pay is based.

(3)The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (f)(1). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”. 2011—Subsec. (d). Pub. L. 111–383, in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability” and struck out column 4 of table which related to subtraction of excess over 75 percent of retired or retainer pay base upon which computation is based. 1992—Subsec. (f). Pub. L. 102–484 added subsec. (f). 1986—Subsec. (a). Pub. L. 99–348, § 201(b)(1), amended subsec. (a) generally. Prior to the amendment, subsec. (a) read as follows: “A member of an armed force who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) after

September 7, 1980, who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” Subsec. (b). Pub. L. 99–348, § 201(b)(2)(A), inserted heading. Subsec. (c). Pub. L. 99–348, § 201(b)(2)(B), inserted heading. Subsec. (d). Pub. L. 99–348, § 201(b)(2)(C), inserted heading, struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1, and in column 1 of table struck out “monthly” before “retired pay” and in column 4 of table struck out “monthly” before “retired or”. Subsec. (e). Pub. L. 99–348, § 201(b)(2)(D), inserted heading. 1983—Subsec. (a). Pub. L. 98–94, § 922(a)(5), substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”. Pub. L. 98–94, § 923(a)(1), (2)(D), in footnote 1 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “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”. Subsec. (d). Pub. L. 98–94, § 922(a)(6), substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”. Pub. L. 98–94, § 923(a)(1), (2)(E), in footnote 1 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “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”. 1980—Pub. L. 96–513, § 511(51)(B), substituted “of members who first became members after

September 7, 1980” for “in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981” in section catchline. Subsecs. (a) to (c). Pub. L. 96–513, § 511(51)(A), substituted “after

September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 2011 AmendmentAmendment by Pub. L. 111–383 applicable to persons who first become entitled to retired or retainer pay under subtitle A of this title after Jan. 7, 2011, and table in subsec. (d) of this section, in effect on the day before Jan. 7, 2011, applicable to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A on or before Jan. 7, 2011, see section 631(d) of Pub. L. 111–383, set out as a note under section 1401 of this title.

Effective Date

of 1983 AmendmentAmendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title. Amendment by section 923 of Pub. L. 98–94 applicable with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, and (2) the recomputation of retired pay under this section, of any individual who after Sept. 30, 1983, becomes entitled to recompute retired pay under this section, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. Accrual of Benefits; Prospective ApplicabilityNo benefits to accrue for months beginning before Oct. 23, 1992, by reason of the amendment by Pub. L. 102–484, see section 642(c) of Pub. L. 102–484, set out as a note under section 1402 of this title.

§1402a Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980

Summary

Title 10, §1402a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

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