§8262 Higher retired grade and pay for members who serve satisfactorily under temporary appointments

1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 615134 U.S.C. 350i(b)(2), (e).

July 24, 1941, ch. 320, § 10(b)(2), (e), 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28. 34 U.S.C. 410c(a), (b), (c).Feb. 21, 1946, ch. 34, § 7(a) (less 1st proviso), (b), (c). 60 Stat. 27; Aug. 7, 1947, ch. 512, § 432(a), 61 Stat. 881. 34 U.S.C. 43g(c).Apr. 16, 1947, ch. 38, § 207(d), 61 Stat. 49; redesignated (c), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882;

May 16, 1950, ch. 186, § 3(h), 64 Stat. 162. 34 U.S.C. 43g(f), (g).Apr. 16, 1947, ch. 38, § 207(g), (h), 61 Stat. 47; redesignated (f), (g), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882. 34 U.S.C. 410r(a), (g), (h).

June 12, 1948, ch. 449, § 207(a), (g), (h), 62 Stat. 366. 34 U.S.C. 625h(a).

June 12, 1948, ch. 449, § 213(a), 62 Stat. 369. 34 U.S.C. 993c.

June 19, 1948, ch. 540, § 3, 62 Stat. 505. Subsections (b) and (c) are worded to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). The second and third provisos in 34 U.S.C. 410c(a), relating to the computation of retired pay for officers whose pay on the active list was not based on years of service, are omitted as obsolete, since under the Career Compensation Act of 1949, the active-duty pay of all officers is based on years of service. In subsection (d) the words “A retired member who is advanced * * * from the grade of warrant officer, W–1, or from an enlisted grade” are substituted for the words “Enlisted men and warrant officers * * * advanced” and the words “as a warrant officer, W–1, or an enlisted member” are substituted for the words “to be enlisted or warrant officer personnel” because the Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of the old warrant officer (as distinguished from commissioned warrant officer) grades. The words “rank or” are omitted as unnecessary. The words “within three months of the date of the approval of this Act” and “whichever is the later” are omitted as executed. 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 6151(a)34 App.:350i(b)(2).

May 31, 1956, ch. 348, § 3, 70 Stat. 222. Reference to the provisions of law under which temporary appointments in officer grades were made is omitted as unnecessary, since the provisions cited comprise all existing authority for such appointments.

2021—Subsec. (a). Pub. L. 116–283 substituted “section 689, and section 1370 or 1370a (as applicable),” for “section 689 and 1370”. 2018—Pub. L. 115–232 renumbered section 6151 of this title as this section. 1996—Subsec. (a). Pub. L. 104–201 substituted “section 689” for “section 688”. 1986—Subsec. (b). Pub. L. 99–348 amended subsec. (b) generally, substituting provision that retired pay be determined in accordance with the table for provision that retired pay, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at the rate of 2½ percent of the basic pay of the grade to which advanced or, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at a rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based and, in determining the number of years to be used as a multiplier, each additional full month of service was to be counted as one-twelfth of a year and any remaining fractional part of a month was to be disregarded. Subsec. (c). Pub. L. 99–348 amended subsec. (c) generally, substituting provision that retired pay of a former member be determined in accordance with the table for provision that retired pay, in the case of a former member who first became a member of a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 2½ percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay was based, multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the basic pay upon the computation of retired pay was based, or in the case of a former member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, that retired pay be at a rate of 2½ percent of the monthly retired pay base computed under section 1407(d), multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the monthly retired pay base upon which the computation of retired pay was based. 1983—Subsec. (b)(2). Pub. L. 98–94, § 923(c)(1), substituted “each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”. Subsec. (e). Pub. L. 98–94, § 922(a)(9), added subsec. (e). 1980—Subsec. (a). Pub. L. 96–513, § 503(45), inserted “and subject to section 688 and 1370 of this title” after “retired grade”. Subsec. (b). Pub. L. 96–513, § 513(17), substituted “

September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing. Pub. L. 96–342 amended subsec. (b) generally, designating existing provisions as pars. (1) and (2) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision limiting applicability to members who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B). Subsec. (c). Pub. L. 96–513, § 513(17), substituted “

September 8, 1980” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing. Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to members who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2). 1963—Subsec. (b). Pub. L. 88–132 substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay.” 1958—Pub. L. 85–861, § 1(139)(A), substituted “who serve satisfactorily under temporary appointments” for “temporarily appointed or promoted during World War II” in section catchline. Subsec. (a). Pub. L. 85–861, § 1(138), struck out provisions which restricted application of section to members of the Navy or the Marine Corps who were appointed or promoted under the act of

July 24, 1941, ch. 320, 55 Stat. 603. Subsec. (b). Pub. L. 85–422 substituted “that may be credited to him under section 1405 of this title” for “creditable for basic pay”.

of 1958 AmendmentAmendment by Pub. L. 85–422 effective

June 1, 1958, see section 9 of Pub. L. 85–422,

May 20, 1958, 72 Stat. 130.