Title 10 — Armed ForcesRelease 119-73
§8374 Treatment of fractions of years of service in computing retired pay and separation pay
Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART II— - PERSONNEL › Chapter CHAPTER 843— - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH › § 8374
Summary
When calculating retired or separation pay, each extra full month of service counts as 1/12 of a year, and any leftover part of a month is ignored.
Full Legal Text
Title 10, §8374
Armed Forces — Source: USLM XML via OLRC
In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 640434 U.S.C. 410c(a) (1st proviso).Feb. 21, 1946, ch. 34, § 7 (a) (1st proviso), 60 Stat. 27; Aug. 7, 1947, ch. 512, § 432(a), 61 Stat. 881. 34 U.S.C. 410j(g) (1st proviso).Aug. 7, 1947, ch. 512, § 312(g) (1st proviso), 61 Stat. 860. 34 U.S.C. 410d (1st proviso).Feb. 21, 1946, ch. 34, § 9 (1st proviso), 60 Stat. 28; Aug. 7, 1947, ch. 512, § 432(b), 61 Stat. 881. 34 U.S.C. 410j(h) (1st proviso).Aug. 7, 1947, ch. 512, § 312(h) (1st proviso), 61 Stat. 860. 34 U.S.C. 410r(h).
June 12, 1948, ch. 449, § 207(h), 62 Stat. 368. 34 U.S.C. 410r(j) (proviso).
June 12, 1948, ch. 449, § 207(j) (proviso), 62 Stat. 366. 34 U.S.C. 43g(g).Apr. 16, 1947, ch. 38, § 207(h), 61 Stat. 50; redesignated (g), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882;
May 16, 1950, ch. 186, § 3(j), 64 Stat. 162. 34 U.S.C. 625h(a).
June 12, 1948, ch. 449, § 213(a), 62 Stat. 369. The words “and a part of a year that is less than six months is disregarded” are added for clarity. The legislative history of the Career Compensation Act of 1949, which contains a provision identical to those codified in this section, indicates that all of these provisions are construed as requiring a fractional year of less than six months to be disregarded (hearing before the Committee on Armed Services of the Senate on H.R. 5007, 81st Cong., 1st sess., p. 313,
July 6, 1949).
Editorial Notes
Prior Provisions
A prior section 8374, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528, provided that promotion of reserve commissioned officers be effective upon Federal recognition in next higher grade of Air National Guard, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14308(f) of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 6404 of this title as this section. 1983—Pub. L. 98–94 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”. 1980—Pub. L. 96–513 substituted “separation pay” for “severance pay” in section catchline and substituted “separation pay” for “lump-sum payments” in text.
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 1983 AmendmentAmendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, 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 Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8374
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73