PRIA, Government Policy, Made Personal

Summary

Calculates how much retired pay an officer must get based on when they first joined a uniformed service. If the officer first became a member before September 8, 1980, their pay is the retired pay base from 10 U.S.C. 1406(g) times the multiplier from 10 U.S.C. 1409 for the years credited under 10 U.S.C. 1405, treated as if the service were Armed Forces service. That amount cannot be more than 75% of the base. If the officer first became a member on or after September 8, 1980, the pay uses the retired pay base from 10 U.S.C. 1407 with the same multiplier and years rules. When counting years, each full extra month counts as 1/12 of a year and any leftover fraction of a month is dropped. The final retired pay is rounded down to the next lower whole dollar.

Title 33, §3045

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Officers first becoming members before September 8, 1980

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.

The retired pay so computed may not exceed 75 percent of the retired pay base.

(b)Officers first becoming members on or after September 8, 1980

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)Treatment of full and fractional parts of months in computing years of service

(1)In general

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)Rounding

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