Title 10, Armed ForcesRelease 119-110
§1402a Recomputation of Retired or Retainer Pay to Reflect Later Active Duty of Members Who First Became Members After September 7, 1980
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 71 — COMPUTATION OF RETIRED PAY › § 1402a
Summary
If you first joined a uniformed service after September 7, 1980, already have retired or retainer pay, and later go back on active duty (not for training), you can ask to have your retired or retainer pay recomputed when you leave that later active duty. The new amount is worked out using your retired-pay base and a multiplier that takes into account your total years of service and the years of active duty you served after you first became entitled to retired or retainer pay. You may instead choose a recomputation that uses the monthly pay base you had when you began that later active duty and then apply any pay adjustments you earned afterward. If you were retired for non-disability and then get a new disability of at least 30 percent while on later active duty, you can get recomputed retired pay. The same applies if you were retired for disability or on the temporary disability retired list and later develop an added or worsened disability and meet the disability rules. You can choose either your original retired pay with any adjustments or a recomputed amount that counts extra months as one‑twelfth of a year, uses the proper pay base, and multiplies by either 2.5% per year of credited service or the highest disability percent (capped at 75%) reached on that later duty. If you were on the temporary disability retired list, the pay can be raised to reach 50% of the pay base. Certain members retired under specific enlisted retirement rules may get an extra 10% for credited extraordinary heroism, but total pay after that cannot exceed 75% of the pay base; the military Secretary’s finding on heroism is final.
Full Legal Text
Title 10, §1402a
Armed Forces, Source: USLM XML via OLRC
(a)In General.—
A member of an armed force—
(1)who first became a member of a uniformed service after September 7, 1980;
(2)who has become entitled to retired pay or retainer pay; and
(3)who thereafter serves on active duty (other than for training),
is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table.
Column 1 Take | Column 2 Multiply by
Retired pay base or retainer pay base under section 1407 which he would be entitled to use if— | The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum of—
(1) he were retiring upon release from that active duty; or | (1) the years of service that may be credited to him in computing retired pay or retainer pay; and
(2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon that release from active duty. | (2) his years of active service after becoming entitled to retired pay or retainer pay.
(b)New Disability Incurred During Later Active Duty.—
A member of an armed force who first became a member of a uniformed service after September 7, 1980, who has been retired other than for physical disability and who while on active duty incurs a physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d).
(c)Additional or Aggravated Disability Incurred During Later Active Duty.—
A member of an armed force who first became a member of a uniformed service after September 7, 1980, and who—
(1)was retired for physical disability under section 1201 or 1204 of this title or any other law or whose name is on the temporary disability retired list;
(2)incurs, while on active duty after retirement or after his name was placed on the temporary disability retired list, a physical disability that is in addition to or that aggravates the physical disability for which he was retired or for which his name was placed on that list; and
(3)is qualified under section 1201, 1202, 1204, or 1205 of this title;
is entitled, upon his release from active duty, to retired pay under subsection (d).
(d)Computation for Later Disability.—
A member of an armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay, or (2) retired pay computed according to the following table.
Column 1 Take | Column 2 Multiply by | Column 3 Add
1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month.
The retired pay base computed under section 1407(b) of this title. | As member elects— (1) 2½ percent of years of service credited under section 1208 of this title; 1 or (2) the highest percentage of disability, not to exceed 75 percent, attained while on active duty after retirement or after the date when his name was placed on temporary disability retired list, as the case may be. | Amount necessary to increase product of columns 1 and 2 to 50 percent of pay upon which computation is based, if member is on temporary disability retired list.
(e)Alternative Recomputation to Subsection (a) Formula.—
Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from that active duty, to have his retired pay or retainer pay—
(1)computed according to the formula set forth in subsection (a) but using the monthly retired pay base under which his retired pay or retainer pay was computed when he entered on that active duty; and
(2)increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay.
(f)Additional 10 Percent for Certain Enlisted Members Credited With Extraordinary Heroism.—
(1)In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 7314 or 9314 of this title, the member’s retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces.
(2)The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the retired pay base upon which the recomputation of such retired pay is based.
(3)The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2018—Subsec. (f)(1). Pub. L. 115–232 substituted “section 7314 or 9314” for “section 3914 or 8914”. 2011—Subsec. (d). Pub. L. 111–383, in column 2 of table, inserted “, not to exceed 75%,” after “percentage of disability” and struck out column 4 of table which related to subtraction of excess over 75 percent of retired or retainer pay base upon which computation is based. 1992—Subsec. (f). Pub. L. 102–484 added subsec. (f). 1986—Subsec. (a). Pub. L. 99–348, § 201(b)(1), amended subsec. (a) generally. Prior to the amendment, subsec. (a) read as follows: “A member of an armed force who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) after
September 7, 1980, who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” Subsec. (b). Pub. L. 99–348, § 201(b)(2)(A), inserted heading. Subsec. (c). Pub. L. 99–348, § 201(b)(2)(B), inserted heading. Subsec. (d). Pub. L. 99–348, § 201(b)(2)(C), inserted heading, struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1, and in column 1 of table struck out “monthly” before “retired pay” and in column 4 of table struck out “monthly” before “retired or”. Subsec. (e). Pub. L. 99–348, § 201(b)(2)(D), inserted heading. 1983—Subsec. (a). Pub. L. 98–94, § 922(a)(5), substituted “according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”. Pub. L. 98–94, § 923(a)(1), (2)(D), in footnote 1 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”. Subsec. (d). Pub. L. 98–94, § 922(a)(6), substituted “according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” for “as follows:”. Pub. L. 98–94, § 923(a)(1), (2)(E), in footnote 1 of table, substituted “Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”. 1980—Pub. L. 96–513, § 511(51)(B), substituted “of members who first became members after
September 7, 1980” for “in case of members who first became members after the enactment of the Department of Defense Authorization Act, 1981” in section catchline. Subsecs. (a) to (c). Pub. L. 96–513, § 511(51)(A), substituted “after
September 7, 1980” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.
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 2011 AmendmentAmendment by Pub. L. 111–383 applicable to persons who first become entitled to retired or retainer pay under subtitle A of this title after Jan. 7, 2011, and table in subsec. (d) of this section, in effect on the day before Jan. 7, 2011, applicable to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A on or before Jan. 7, 2011, see section 631(d) of Pub. L. 111–383, set out as a note under section 1401 of this title.
Effective Date
of 1983 AmendmentAmendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title. Amendment by section 923 of Pub. L. 98–94 applicable with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, and (2) the recomputation of retired pay under this section, of any individual who after Sept. 30, 1983, becomes entitled to recompute retired pay under this section, 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 Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. Accrual of Benefits; Prospective ApplicabilityNo benefits to accrue for months beginning before Oct. 23, 1992, by reason of the amendment by Pub. L. 102–484, see section 642(c) of Pub. L. 102–484, set out as a note under section 1402 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1402a
Title 10, Armed Forces
Last Updated
Sep 23, 2026
Release point: 119-110