§1407a — Title 10 Armed Forces | U.S. Code

Summary

When figuring the retired-pay base for most generals and admirals, any pay rate from between October 1, 2006, and December 31, 2014 that was cut under section 203(a)(2) of title 37 must be ignored. Instead, use the full basic pay rate that the law provided for that period when you calculate the retired-pay base under sections 1406 or 1407. If an officer first joined before September 8, 1980 and retires or moves to the Retired Reserve after December 31, 2014 (except under chapter 1223), you must use a calculation that uses the basic-pay rate and years of service as of December 31, 2014, and that ignores the section 203(a)(2) cuts, if that gives a higher retired-pay base. If the officer’s retired grade is lower than the grade held on December 31, 2014, treat the officer as holding the retired grade for that calculation. Also, officers moved to the Retired Reserve between October 1, 2006 and December 31, 2014 who start getting pay under section 12731 after December 31, 2014 get their retired-pay base figured using the full pay rates without regard to the 203(a)(2) reductions. A “covered general or flag officer” means someone who after September 30, 2006 is retired in, or moved to the Retired Reserve in, a general or flag officer grade (or an equivalent grade for the Public Health Service or NOAA).

Title 10, §1407a

Armed Forces — Source: USLM XML via OLRC

(a)Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under section 203(a)(2) of title 37.

(b)(1)In the case of a covered general or flag officer who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of section 203(a)(2) of title 37).

(2)For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of December 31, 2014, for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under section 203(a)(2) of title 37.

(3)In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on December 31, 2014, paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.

(c)In the case of a covered general or flag officer who is transferred to the Retired Reserve between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired pay under section 12731 of this title after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under section 203(a)(2) of title 37.

(d)In this section, the term “covered general or flag officer” means a member or former member of a uniformed service who after September 30, 2006—

(1)is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or

(2)is transferred to the Retired Reserve in a general officer grade or flag officer grade.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Pub. L. 113–291 amended section generally. Prior to amendment section related to retired pay base: officers retired in general or flag officer grades, consisting of subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 Amendment Pub. L. 113–291, div. A, title VI, § 622(b), Dec. 19, 2014, 128 Stat. 3403, provided that: “Section 1407a of title 10, United States Code, as amended by subsection (a), shall be effective for retired pay that commences after December 31, 2014.”

§1407a Retired pay base: officers retired in general or flag officer grades