§3045 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Multiply a pay base by a pay multiplier to figure an officer’s retired pay. If the officer first joined a uniformed service before September 8, 1980, use the pay base that applies to pre‑1980 joiners. If the officer first joined on or after September 8, 1980, use the pay base that applies to post‑1980 joiners. In both cases use the pay multiplier the law provides and count years of service as if the officer served in the Armed Forces. Count each extra full month as 1/12 of a year and ignore any leftover fraction of a month. If the final retired pay is not a whole dollar, round it down to the next lower dollar.

Title 33, §3045

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—

(1)the retired pay base determined under section 1406(g) of title 10; by

(2)the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.

(b)Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—

(1)the retired pay base determined under section 1407 of title 10; by

(c)(1)In computing the number of years of service of an officer for the purposes of subsection (a)—

(A)each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1⁄12 of a year; and

(B)any remaining fractional part of a month shall be disregarded.

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

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853o of this title prior to repeal by Pub. L. 107–372.

Amendments

2015—Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 Amendment; ImplementationAmendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

§3045 Computation of retired pay