United States Code (Last Updated: May 24, 2014) |
Title 10. ARMED FORCES |
SubTitle A. General Military Law |
Part II. PERSONNEL |
Chapter 71. COMPUTATION OF RETIRED PAY |
§ 1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index
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(a) Prohibition on Recomputation To Reflect Increases in Basic Pay.— Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces. (b) Cost-of-Living Adjustments Based on CPI Increases.— (1) Increase required.— Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3). (2) Percentage increase.— Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which— (A) the price index for the base quarter of that year, exceeds (B) the base index. (3) Reduced percentage for certain post- august 1, 1986 members.—If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986 , and has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of title 37, by the difference between—(A) the percent determined under paragraph (2); and (B) 1 percent. (4) Special rule for paragraph (3).— If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided by law) when the next increase in retired pay is made under this subsection, the increase under paragraph (3) shall be carried out so as to achieve the same net increase in retired pay under that paragraph that would have been the case if that law had not been enacted. (5) Regulations.— Any increase in retired pay under this subsection shall be made in accordance with regulations prescribed by the Secretary of Defense. (c) First COLA Adjustment for Members With Retired Pay Computed Using Final Basic Pay.— (1) First adjustment with intervening increase in basic pay.— Notwithstanding subsection (b) but subject to subsection (f)(3), if a person described in paragraph (3) becomes entitled to retired pay based on rates of monthly basic pay that became effective after the last day of the calendar quarter of the base index, the retired pay of the member or former member shall be increased on the effective date of the next adjustment of retired pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) by which— (A) the price index for the base quarter of that year, exceeds (B) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective. (2) First adjustment with no intervening increase in basic pay.— If a person described in paragraph (3) becomes entitled to retired pay on or after the effective date of an adjustment in retired pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay, the retired pay of the member or former member shall be increased (subject to subsection (f)(3) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section), effective on the date the member becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) by which— (A) the base index, exceeds (B) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective. (3) Members covered.— Paragraphs (1) and (2) apply to a member or former member of an armed force who first became a member of a uniformed service before August 1, 1986 , and whose retired pay base is determined under section 1406 of this title.(d) First COLA Adjustment for Members With Retired Pay Computed Using High-Three.— Notwithstanding subsection (b) but subject to subsection (f)(3), the retired pay of a member or former member of an armed force who first became a member of a uniformed service before August 1, 1986 , or on or afterAugust 1, 1986 , if the member or former member did not elect to receive a bonus under section 322 (as in effect beforeJanuary 28, 2008 ) or section 354 of title 37 and whose retired pay base is determined under section 1407 of this title shall be increased on the effective date of the first adjustment of retired pay under subsection (b) after the member or former member becomes entitled to retired pay by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between the percent by which—(1) the price index for the base quarter of that year, exceeds (2) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay. (e) Pro Rating of Initial Adjustment.— Notwithstanding subsection (b) but subject to subsection (f)(3), the retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after August 1, 1986 , and elected to receive a bonus under section 322 (as in effect beforeJanuary 28, 2008 ) or section 354 of title 37 shall be increased on the effective date of the first adjustment of retired pay under subsection (b) after the member or former member becomes entitled to retired pay by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between—(1) the percent by which— (A) the price index for the base quarter of that year, exceeds (B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and (2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A). If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made. (f) Prevention of Pay Inversions.— (1) Prevention of retired pay inversions for members with retired pay computed using final basic pay.— The monthly retired pay of a member or a former member of an armed force who first became a member of a uniformed service before September 8, 1980 , and who initially became entitled to that pay on or afterJanuary 1, 1971 , may not be less than the monthly retired pay to which he would be entitled if he had become entitled to retired pay at an earlier date based on the grade in which the member is retired, adjusted to reflect any applicable increases in such pay under this section. In computing the amount of retired pay to which such a member or former member would have been entitled on that earlier date, the computation shall be based on his grade, length of service, and the rate of basic pay applicable to him at that time, except that such computation may not be based on a rate of basic pay for a grade higher than the grade in which the member is retired. This subsection does not authorize any increase in the monthly retired pay to which a member was entitled for any period beforeOctober 7, 1975 .(2) Prevention of retired pay inversions for members with retired pay computed using high-three.— Subject to subsections (d) and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980 , may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, paragraph (1) (rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service beforeSeptember 8, 1980 , but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay.(3) Prevention of cola inversions.— The percentage of the first adjustment under this section in the retired pay of any person, as determined under subsection (c)(1), (c)(2), (d), or (e), may not exceed the percentage increase in retired pay determined under subsection (b)(2) that is effective on the same date as the effective date of such first adjustment. (g) Definitions.— In this section: (1) The term “price index” means the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics. (2) The term “base quarter” means the calendar quarter ending on September 30 of each year. (3) The term “base index” means the price index for the base quarter for the most recent adjustment under subsection (b). (4) The term “retired pay” includes retainer pay. (h) Price Index for a Quarter.— For purposes of this section, the price index for a calendar quarter is the arithmetical mean of the price index for the three months comprising that quarter.
Prospective Amendment
Pub. L. 113–67, div. A, title IV, § 403(a), (c),
(1) in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “paragraph (2), (3), or (4)”;
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(3) by adding the following new paragraph (4):
(4) Reduced percentage for retired members under age 62.—
(A) In general.—Effective on December 1 of each year, the retired pay of each member and former member under 62 years of age entitled to that pay shall be adjusted in accordance with this paragraph instead of paragraph (2) or (3).
(B) CPI minus one.—If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member by the difference between—
(i) the percent determined under paragraph (2); and
(ii) 1 percent.
(C) No negative adjustment.—If the percent determined under paragraph (2) is equal to or less than 1 percent, the Secretary shall not increase the retired pay of members and former members under this paragraph.
(D) Revised adjustment upon reaching age 62.—When a member or former member whose retired pay has been subject to adjustment under this paragraph becomes 62 years of age, the Secretary of Defense shall recompute the retired pay of the member or former member, to be effective on the date of the next adjustment of retired pay under this subsection, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if increases in the retired pay of the member or former member had been computed as provided in paragraph (2) or as specified in section 1410 of this title, as applicable, rather than this paragraph.
(E) Inapplicability of catch-up rule.—Paragraph (5) shall not apply in the case of adjustments made, or not made, as a result of application of this paragraph.
See 2013 Amendment notes below.
Pub. L. 113–76, div. C, title X, § 10001(a), (b)(3), (c),
(1) in subsection (b)(4), as added by section 403(a) of Pub. L. 113–67 (see above):
(A) in subparagraph (A), by inserting after “age” the following: “(other than a member or former member retired under chapter 61 of this title)”; and
(B) by adding at the end the following new subparagraph:
“(F) Inapplicability to amount of retired pay used in computation of sbp annuity for survivors.—In the computation pursuant to subsection (d) or (f) of section 1448 of this title of an annuity for survivors of a member or person who dies while subject to the application of this paragraph, the amount of the retired pay of such member or person for purposes of such computation shall be the amount of retired pay that would have been payable to such member or person at the time of death without regard to the application of this paragraph.”; and
(2) in subsection (f)(2), by inserting “or subsection (b)(4)” after “subsection (b)(2)”.
See 2014 Amendment notes below.
Pub. L. 113–82, § 2,
(G) Members covered.—This paragraph applies to a member or former member of an armed force who first became a member of a uniformed service on or after
See 2014 Amendment note below.
References In Text
Section 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(3), and section 322 of title 37 (as in effect before
Amendments
2014—Subsec. (b)(4)(A). Pub. L. 113–76, § 10001(a)(1), inserted “(other than a member or former member retired under chapter 61 of this title)” after “age”.
Subsec. (b)(4)(F). Pub. L. 113–76, § 10001(a)(2), added subpar. (F).
Subsec. (b)(4)(G). Pub. L. 113–82 added subpar. (G).
Subsec. (f)(3). Pub. L. 113–76, § 10001(b)(3), which directed the insertion of “or subsection (b)(4)” after “subsection (b)(2)” in par. (2), was executed by making the insertion in par. (3) to reflect the probable intent of Congress.
2013—Subsec. (b)(1). Pub. L. 113–67, § 403(a)(1), substituted “paragraph (2), (3), or (4)” for “paragraphs (2) and (3)”.
Subsec. (b)(4) to (6). Pub. L. 113–67, § 403(a)(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Subsec. (c)(1), (2). Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Subsecs. (d), (e). Pub. L. 113–66, § 1091(a)(9), substituted “before
Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Subsec. (f)(1). Pub. L. 113–66, § 631(a)(1), substituted “Prevention of retired pay inversions for members with retired pay computed using final basic pay.—The” for “Prevention of retired pay inversions.—Notwithstanding any other provision of law, the” and inserted “who first became a member of a uniformed service before
Subsec. (f)(2), (3). Pub. L. 113–66, § 631(a)(2), (3), added par. (2) and redesignated former par. (2) as (3).
2008—Subsecs. (b)(3), (d), (e). Pub. L. 110–181, in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”.
2002—Subsec. (c)(1). Pub. L. 107–314, § 633(a)(1), inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” in introductory provisions.
Subsec. (c)(2). Pub. L. 107–314, § 633(a)(2), inserted “(subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section)” after “shall be increased” in introductory provisions.
Subsec. (d). Pub. L. 107–314, § 633(a)(1), (b)(1), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “or on or after
Subsec. (e). Pub. L. 107–314, § 633(a)(1), (b)(2), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “and elected to receive a bonus under section 322 of title 37” after “
Subsec. (f). Pub. L. 107–314, § 633(a)(3), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2).
1999—Subsec. (b)(1). Pub. L. 106–65, § 643(b)(1)(A), substituted “Increase required” for “In general” in heading.
Subsec. (b)(2). Pub. L. 106–65, § 1066(a)(10), struck out subpar. (A) designation and heading “General rule”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned their margins, and struck out former subpars. (B) and (C) which read as follows:
“(B) Special rule for fiscal year 1996.—In the case of the increase in retired pay that, pursuant to paragraph (1), becomes effective on
“(C) Inapplicability to disability retirees.—Subparagraph (B) does not apply with respect to the retired pay of a member retired under chapter 61 of this title.”
Pub. L. 106–65, § 643(b)(1)(B), substituted “Percentage increase” for “Pre-
Pub. L. 106–65, § 641(b)(1), substituted “Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member” for “The Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before
Subsec. (b)(3). Pub. L. 106–65, § 643(b)(1)(C), substituted “Reduced percentage for certain post-
Pub. L. 106–65, § 641(b)(2), inserted “and has elected to receive a bonus under section 322 of title 37,” after “
1996—Subsec. (b)(2)(B). Pub. L. 104–201, § 631(a), substituted “Special rule for fiscal year 1996” for “Special rules for fiscal years 1996 and 1998” as subpar. heading, struck out cl. (i) designation and heading “Fiscal year 1996” before “In the case of”, and struck out cl. (ii) which read as follows: “Fiscal year 1998.—In the case of the increase in retired pay that, pursuant to paragraph (1), becomes effective on
Pub. L. 104–106, § 631(c), repealed Pub. L. 103–335, § 8114A(b)(1). See 1994 Amendment note below.
Pub. L. 104–106, § 631(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Special rules for fiscal years 1994 through 1998.—
“(i) Fiscal year 1994.—In the case of an increase in retired pay that, pursuant to paragraph (1), becomes effective on
“(ii) Fiscal years 1995 through 1998.—In the case of an increase in retired pay that, pursuant to paragraph (1), becomes effective on December 1 of 1994, 1995, 1996, or 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September of the following year.”
Subsec. (c). Pub. L. 104–201, § 632(a), added subsec. (c) and struck out former subsec. (c) which read as follows: “Rule for First Adjustment After Retirement With Intervening Increase in Basic Pay.—Notwithstanding subsection (b), if a member or former member of an armed force who first became a member of a uniformed service before
“(1) the price index for the base quarter of that year, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective.”
Subsec. (d). Pub. L. 104–201, § 632(a), added subsec. (d) and struck out former subsec. (d) which read as follows: “Rule for First Adjustment After Retirement With No Intervening Increase in Basic Pay.—If a member or former member of an armed force who first became a member of a uniformed service before
“(1) the base index, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective.”
1994—Subsec. (b)(2)(B). Pub. L. 103–335, § 8114A(b)(1), which directed substituting, in heading, “through 1996” for “through 1998” and substituting, in cl. (ii), “and 1996” for “through 1998”, “of 1994 or 1995” for “of 1994, 1995, 1996, or 1997”, and “March” for “September”, was repealed by Pub. L. 104–106, § 631(c).
Subsec. (f). Pub. L. 103–337 inserted “based on the grade in which the member is retired” after “at an earlier date” in first sentence and “, except that such computation may not be based on a rate of basic pay for a grade higher than the grade in which the member is retired” before period at end of second sentence and struck out after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
1993—Subsec. (b)(2). Pub. L. 103–160, § 1182(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraph (6), the Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before
“(A) the price index for the base quarter of that year, exceeds
“(B) the base index.”
Pub. L. 103–66, § 2001(1), substituted “Except as provided in paragraph (6), the Secretary” for “The Secretary”.
Subsec. (b)(6). Pub. L. 103–160, § 1182(e)(2), struck out par. (6) which read as follows: “Special rules for paragraph (2) for fiscal years 1994 through 1998.—
“(A) Fiscal year 1994.—In the case of an increase in the retired pay of a member or former member referred to in paragraph (2) that, pursuant to paragraph (1), becomes effective on
“(B) Fiscal years 1995 through 1998.—In the case of an increase in retired pay of a member or former member referred to in paragraph (2) that, pursuant to paragraph (1), becomes effective on December 1 of 1994, 1995, 1996, or 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September of the following year.
“(C) Inapplicability to disability retirees.—Subparagraphs (A) and (B) do not apply with respect to the retired pay of a member retired under chapter 61 of this title.”
Pub. L. 103–66, § 2001(2), added par. (6).
1989—Subsec. (b)(3). Pub. L. 101–189, § 651(b)(1)(A), inserted “and former member” after first reference to “member”.
Subsec. (e). Pub. L. 101–189, § 651(b)(1)(B), inserted “or former member” after first and third reference to “member”.
Subsec. (f). Pub. L. 101–189, § 651(b)(1)(C), inserted “or former member” after “member” in second sentence.
1988—Subsec. (f). Pub. L. 100–456 inserted after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
1987—Subsec. (a). Pub. L. 100–180 struck out “pay” after “the retired pay”.
Subsec. (b)(4), (5). Pub. L. 100–224, § 1(a), added par. (4) and redesignated former par. (4) as (5).
Subsec. (e). Pub. L. 100–224, § 1(b), substituted “by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between—
“(1) the percent by which—
“(A) the price index for the base quarter of that year, exceeds
“(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and
“(2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A).
If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made.” for “only by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
“(1) the price index for the base quarter of that year, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the member became entitled to retired pay.”
1986—Subsec. (a). Pub. L. 99–348, § 102(b)(1), (c)(1), inserted heading, struck out “or retainer” after “retired pay”, and struck out sentence defining “Index” in this section as meaning the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics.
Subsecs. (b) to (d). Pub. L. 99–348, § 102(a), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which read as follows:
“(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.
“(c) Notwithstanding subsection (b), if a member or former member of an armed force becomes entitled to retired pay or retainer pay based on rates of monthly basic pay prescribed by section 203 of title 37 that became effective after the last day of the month of the base index, his retired pay or retainer pay shall be increased on the effective date of the next adjustment of retired pay and retainer pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) that the new base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.
“(d) If a member or former member of an armed force becomes entitled to retired pay or retainer pay on or after the effective date of an adjustment of retired pay and retainer pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay prescribed by section 203 of title 37, his retired pay or retainer pay shall be increased, effective on the date he becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) that the base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.”
Subsec. (e). Pub. L. 99–348, § 102(a), added subsec. (e).
Subsec. (f). Pub. L. 99–348, § 102(c)(2), inserted heading and struck out “or retainer” after “retired” wherever appearing.
Subsecs. (g), (h). Pub. L. 99–348, § 102(b)(2), added subsecs. (g) and (h) and struck out former subsec. (g) which provided that the retired or retainer pay of a member or former member of an armed force as adjusted under this section, if not a multiple of $1, would be rounded to the next lower multiple of $1.
1984—Subsec. (f). Pub. L. 98–525 substituted “before
1983—Subsec. (e). Pub. L. 98–94, § 921(a)(1), struck out subsec. (e) which provided that: “Notwithstanding subsections (c) and (d), the adjusted retired pay or retainer pay of a member or former member of an armed force retired on or after
Subsec. (f). Pub. L. 98–94, § 921(b), struck out “, subject to subsection (e) of this section,” after “the computation shall”.
Subsec. (g). Pub. L. 98–94, § 922(a)(2), added subsec. (g).
1980—Subsec. (b). Pub. L. 96–342 substituted provisions directing the Secretary of Defense to increase the retired and retainer pay of members and former members of the armed forces each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of title 5, with such increase to be by the same percent as the percentage by which the annuities are increased for provisions under which the Secretary of Defense had been authorized and directed to increase the retired pay and retainer pay of members and former members of the armed forces on March 1 and September 1 depending upon determinations which the Secretary was directed to make on January 1 and July 1 of each year with regards to the percentage change in the index published for June or December of the previous year.
1976—Subsec. (b). Pub. L. 94–440 substituted provisions that Secretary of Defense shall determine the percent change in the index on Jan. 1 and July 1 of each year and effective Mar. 1 and Sept. 1, retired and retainer pay shall be increased by the computed percent change adjusted to the nearest ⅒ of 1 percent, for provisions that the Secretary of Defense shall determine on a monthly basis the percent by which the index has increased over that used as a basis for the most recent adjustment of retired and retainer pay and if Secretary determines for 3 consecutive months that the amount of increase is at least 3 percent over the base index, retired and retainer pay shall be increased by adding 1 percent and the highest percent increase in the index during those months adjusted to the nearest ⅒ of 1 percent.
Pub. L. 94–361 struck out “the per centum obtained by adding 1 per centum and” before “the highest per centum of increase in the index”.
1975—Subsec. (f). Pub. L. 94–106 added subsec. (f).
1969—Subsec. (b). Pub. L. 91–179 provided for a 1 percent addition in computing increases in retired and retainer pay of present and former members of the armed forces, whenever the Secretary made such adjustments to effect increases in the consumer index over the base index.
1967—Subsec. (a). Pub. L. 90–207 substituted “may not be recomputed” for “shall not be recomputed”, struck out “if that increase becomes effective after the effective date of this section” after “armed forces” and inserted sentence defining “Index”.
Subsec. (b). Pub. L. 90–207 revised subsec. (b) generally and, among other changes, substituted provisions requiring the Secretary of Defense to determine monthly the percent by which the index has increased over that used as the basis for the most recent adjustment of retired and retainer pay under this subsection for provisions which required the Secretary of Defense to determine the per centum that the index for each calendar month after the calendar month immediately preceding the effective date of Pub. L. 89–132 has increased over the base index (that for the calendar month immediately preceding the effective date of Pub. L. 89–132 or, if later, that used as the basis for the most recent adjustment of retired and retainer pay under this subsection).
Subsecs. (c) to (e). Pub. L. 90–207 added subsecs. (c) to (e).
1965—Subsec. (b). Pub. L. 89–132 substituted provisions requiring the Secretary of Defense to determine the per centum for each calendar month that the Consumer Price Index has increased over the base Consumer Price Index, and if the index has shown an increase of at least 3 per centum over the base index for three consecutive calendar months to increase the retired or retainer pay by the highest per centum of increase in the index, for provisions which required a determination of the increase over the preceding calendar year and permitted an increase in the retired or retainer pay if the index advanced 3 per centum or more for a full calendar year.
Effective Date Of Amendment
Pub. L. 113–82, § 2(b),
Pub. L. 113–76, div. C, title X, § 10001(c),
Pub. L. 113–67, div. A, title IV, § 403(c),
Pub. L. 113–66, div. A, title VI, § 631(c),
Pub. L. 106–65, div. A, title VI, § 644,
Pub. L. 104–201, div. A, title VI, § 632(b),
Pub. L. 103–337, div. A, title VI, § 633(b),
Pub. L. 100–456, div. A, title VI, § 622(b),
Pub. L. 98–94, title IX, § 921(a)(2),
Amendment by section 922 of Pub. L. 98–94 effective
Pub. L. 96–342, title VIII, § 812(b)(1),
Pub. L. 94–440, title XIII, § 1306(d)(2),
Pub. L. 91–179, § 2,
Amendment by Pub. L. 90–207 effective
Amendment by Pub. L. 89–132 effective
Effective Date
Section effective
Miscellaneous
Pub. L. 104–106, div. A, title VI, § 631(b),
Pub. L. 103–337, div. A, title VI, § 631,
Pub. L. 103–337, div. A, title VI, § 632,
Pub. L. 103–337, div. A, title VI, § 634,
Pub. L. 103–335, title VIII, § 8114A,
Pub. L. 96–342, title VIII, § 812, “ ‘(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.’.
Pub. L. 95–581,
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 96–342, set out above, is Pub. L. 88–643,
Effective Date Of Amendment
Pub. L. 94–361, title VIII, § 801(c),
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 94–361, set out above, is Pub. L. 88–643,
Miscellaneous
Pub. L. 93–210, § 2,
Pub. L. 90–207, § 2(b),