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

Summary

Retired pay is figured by multiplying a pay base by a pay multiplier that depends on years of service. If an officer first became a member before September 8, 1980, use the pay base in 10 U.S.C. 1406(g). If the officer first became a member on or after September 8, 1980, use the pay base in 10 U.S.C. 1407. In both cases use the multiplier in 10 U.S.C. 1409 and count years under 10 U.S.C. 1405 as if the officer served in the Armed Forces. Each full extra month beyond whole years counts as 1/12 of a year and any leftover part of a month is ignored. If the calculated retired pay is not a whole dollar, round 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