§8333 — Title 10 Armed Forces | U.S. Code

Summary

Compute monthly retired or retainer pay by multiplying a pay base by a service multiplier. The base comes from section 1406(d) or 1407. The multiplier is set in section 1409 and uses the years of service that count under section 1405. The law gives three different formulas that apply to different kinds of retirement and retainer pay. If the result is not a whole dollar, round it down to the next lower dollar. For Reserve enlisted members who first joined before September 8, 1980 and who transfer to the Fleet Reserve or Fleet Marine Corps Reserve with a grade set under section 8336, use the monthly basic pay for that grade at the date of transfer (based on pay rates on that date) as the base instead of the amount from section 1406(d).

Title 10, §8333

Armed Forces — Source: USLM XML via OLRC

(a)The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 8470 or 8372 of this title is computed in accordance with the following table. FormulaForsectionsColumn 1TakeColumn 2Multiply by A8325(a)6326 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405. B8323 8325(b)8470 8372 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. C8330 Retainer pay base computed under section 1406(d) or 1407Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.

(b)(1)Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(2)References in the table in subsection (a) are to sections of this title.

(c)In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under section 8336 of this title and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member’s transfer), and that amount shall be used for the purposes of the table in subsection (a) rather than the amount computed under section 1406(d) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–232, § 807(b)(15), renumbered section 6333 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8470 or 8372” for “section 6970 or 6383” in introductory provisions and, under “For sections” column in table, substituted “8325(a)” for “6325(a)” and “8326” for “6326” in Formula A, “8323” for “6323”, “8325(b)” for “6325(b)”, “8470” for “6970”, and “8372” for “6383” in Formula B, and “8330” for “6330” in Formula C. Subsec. (c). Pub. L. 115–232, § 809(a), substituted “section 8336” for “section 6336”. 2008—Subsec. (a). Pub. L. 110–181 substituted “Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405.” for “75 percent.” in Formula A under Column 2 in table. 2006—Subsec. (a). Pub. L. 109–163 inserted “6970 or” after “section” in text and “6970” below “6325(b)” in Formula B under “For sections” column in table. 1996—Subsec. (a). Pub. L. 104–106 struck out first period after “section 1405” in Formula C under Column 2 in table. Subsec. (c). Pub. L. 104–201 added subsec. (c). 1994—Subsec. (a). Pub. L. 103–337 substituted “the years of service that may be credited to him under section 1405.” for “his years of active service in the armed forces” in Formula C under Column 2 in table. 1986—Pub. L. 99–348 amended section generally, designating existing provision as subsec. (b)(1), substituting “under this section” for “under this chapter”, and adding subsecs. (a) and (b)(2).

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 2008 AmendmentAmendment by Pub. L. 110–181 effective as of Jan. 1, 2007, and applicable with respect to retired pay and retainer pay payable on or after that date, see section 646(c) of Pub. L. 110–181, set out as a note under section 1402 of this title.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 applicable to computation of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title.

Effective Date

Section effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as an

Effective Date

of 1983 Amendment note under section 1401 of this title.

§8333 Computation of retired and retainer pay

Summary

Title 10, §8333

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

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