§8334 — Title 10 Armed Forces | U.S. Code

Summary

Advances a retired or transferred naval member to a higher retired rank once their combined active service plus time on the retired list or in the Fleet Reserve or Fleet Marine Corps Reserve reaches 30 years. This applies to people retired or transferred after December 4, 1987 who are warrant officers, Regular Navy or Regular Marine Corps enlisted, or reserve enlisted members who were on active duty when they retired or transferred. The Secretary of the Navy decides if their highest active-duty grade was served satisfactorily. When advanced on the retired list, enlisted members get to recompute their retired or retainer pay under formula A and warrant officers under formula B. If the recomputed amount is not a whole dollar, it must be rounded down to the next lower dollar.

Title 10, §8334

Armed Forces — Source: USLM XML via OLRC

(a)Each member of the naval service covered by subsection (b) who, after December 4, 1987, is retired with less than 30 years of active service or is transferred to the Fleet Reserve or Fleet Marine Corps Reserve is entitled, when his active service plus his service on the retired list or his service in the Fleet Reserve or the Fleet Marine Corps Reserve totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Navy.

(b)This section applies to—

(1)warrant officers of the naval service;

(2)enlisted members of the Regular Navy and Regular Marine Corps; and

(3)reserve enlisted members of the Navy and Marine Corps who, at the time of retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, are serving on active duty.

(c)An enlisted member of the naval service who is advanced on the retired list under this section is entitled to recompute his retired or retainer pay under formula A of the following table, and a warrant officer of the naval service so advanced is entitled to recompute his retired pay under formula B of that table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1. FormulaColumn 1 TakeColumn 2 Multiply by 1 In determining the retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as 1⁄12 of a year and disregard any remaining fractional part of a month. ARetired pay base as computed under section 1406(d) or 1407 of this titleThe retired pay multiplier prescribed in section 1409 of this title for the number of years creditable for his retainer or retired pay at the time of retirement.1 BRetired pay base as computed under section 1406(d) of this titleThe retired pay multiplier prescribed in section 1409 of this title for the number of years credited to him under section 1405 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6334 of this title as this section. 1989—Subsec. (a). Pub. L. 101–189 substituted “December 4, 1987” for “the date of the enactment of this section”.

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.

§8334 Higher Grade After 30 Years of Service: Warrant Officers and Enlisted Members

Summary

Title 10, §8334

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata