10 U.S.C. § 1407a: Retired pay base: officers…

Summary

Use the full, uncapped basic pay rates when figuring the retired-pay base for high-ranking officers if the pay used was for any time between October 1, 2006, and December 31, 2014 and had been cut under 37 U.S.C. 203(a)(2). The same rule applies to officers moved to the Retired Reserve in that period who become eligible for retired pay after December 31, 2014. If an officer first joined before September 8, 1980 and retires after December 31, 2014, they may have their retired-pay base calculated using the uncapped basic pay rate and years of service as of December 31, 2014, but only if that gives a higher retired-pay base than the normal method. If the officer’s retired grade is lower than the grade they held on December 31, 2014, use the lower retired grade for that calculation. Covered general or flag officer: someone who after September 30, 2006 is retired in, or moved to the Retired Reserve in, a general/flag officer grade (or equivalent for USPHS or NOAA).

Title 10, §1407a

Armed Forces, Source: USLM XML via OLRC

(a)Rates of Basic Pay to Be Used in Determination.—

Except as otherwise provided in this section, in a case in which the determination under section 1406 or 1407 of this title of the retired pay base applicable to the computation of the retired pay of a covered general or flag officer involves a rate of basic pay payable to that officer for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under section 203(a)(2) of title 37 for such period, such retired-pay-base determination shall be made using the rate of basic pay for such period provided by law, without regard to the reduction under section 203(a)(2) of title 37.

(b)Partial Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Covered Officers Who First Became Members Before September 8, 1980, and Whose Retired Pay Commences After December 31, 2014.—

(1)Officers retiring after december 31, 2014.—

In the case of a covered general or flag officer who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than chapter 1223 of this title or is transferred to the Retired Reserve after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined as provided in paragraph (2) if determination of such retired pay base as provided in that paragraph results in a higher retired pay base than determination of such retired pay base as otherwise provided by law (including the application of section 203(a)(2) of title 37).

(2)Alternative determination of retired pay base using uncapped rates of basic pay as of december 31, 2014.—

For a determination in accordance with this paragraph, the amount of an officer’s retired pay base shall be determined by using the rate of basic pay provided as of December 31, 2014, for that officer’s grade as of that date for purposes of basic pay, with that officer’s years of service creditable as of that date for purposes of basic pay, and without regard to any reduction under section 203(a)(2) of title 37.

(3)Exception for officer retired in a lower grade.—

In a case in which the retired grade of the officer is lower than the grade in which the officer was serving on December 31, 2014, paragraph (2) shall be applied as if the officer was serving on that date in the officer’s retired grade.

(c)Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Officers Transferring to Retired Reserve During Specified Period.—

In the case of a covered general or flag officer who is transferred to the Retired Reserve between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired pay under section 12731 of this title after December 31, 2014, the retired pay base applicable to the computation of the retired pay of that officer shall be determined using the rates of basic pay provided by law without regard to any reduction in rates of basic pay under section 203(a)(2) of title 37.

(d)Covered General or Flag Officer Defined.—

In this section, the term “covered general or flag officer” means a member or former member of a uniformed service who after September 30, 2006—

(1)is retired in a general officer grade or flag officer grade (or an equivalent grade, in the case of an officer of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or

(2)is transferred to the Retired Reserve in a general officer grade or flag officer grade.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Pub. L. 113–291 amended section generally. Prior to amendment section related to retired pay base: officers retired in general or flag officer grades, consisting of subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 Amendment Pub. L. 113–291, div. A, title VI, § 622(b), Dec. 19, 2014, 128 Stat. 3403, provided that: “Section 1407a of title 10, United States Code, as amended by subsection (a), shall be effective for retired pay that commences after December 31, 2014.”

§1407a Retired Pay Base: Officers Retired in General or Flag Officer Grades