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 |
§ 1405. Years of service
-
(a) In General.— For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding— (1) his years of active service; (2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958 , in computing his basic pay; and(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title. (b) Fractional Years of Service.— In determining a member’s years of service under subsection (a)— (1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and (2) any remaining fractional part of a month shall be disregarded. (c) Exclusion of Time Required To Be Made Up or Excluded.— (1) Time required to be made up by an enlisted member of the Army or Air Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994 , may not be counted in determining years of service under subsection (a).(2) Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.
Historical And Revision
Historical and Revision Notes | ||
---|---|---|
1958 Act | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1405 | [No source]. | [No source]. |
The amendment reflects section 11 of the Act of May 20, 1958, Pub. L. 85–422 (72 Stat. 130).
The change corrects a typographical error.
This amends 10:1405 to correct an inadvertent error in the codification of title 10 in 1956 relating to retirement pay of warrant officers advanced on the retired list. Under provisions of law first enacted in 1948 through the codification of title 10 in 1956 and until 1965, warrant officers advanced on the retired list received credit for inactive service in the computation of retirement pay. The Comptroller General in 1965 (B–156576) held in effect that computation of such retirement pay was governed by the wording of new title 10 that based the computation on years of active service only even though this had the result of making a substantive change. The Armed Services Committee of the House of Representatives concurs that an error was made in the codification of title 10 and has indicated that corrective legislative action is properly a responsibility of the House Judiciary Committee. See, also, the amendments to 10:3992 and 8992 made by sections 1(40) and 1(52), respectively.
Amendments
2001—Subsec. (c)(1). Pub. L. 107–107 substituted “
1996—Subsec. (c). Pub. L. 104–106, as amended by Pub. L. 104–201, substituted “Made Up or Excluded” for “Made Up” in heading, designated existing provisions as par. (1), substituted “section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,” for “section 972 of this title”, and added par. (2).
1994—Subsec. (a)(3). Pub. L. 103–337, § 1662(j)(3), substituted “12733” for “1333” and “12731” for “1331”.
Subsec. (c). Pub. L. 103–337, § 635(d), added subsec. (c).
1986—Pub. L. 99–348 designated existing provision as subsec. (a), inserted heading, and in provision preceding par. (1) substituted “the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member” for “section 1401 (formulas 4 and 5), 3991 (formula A), 3992 (formula B), 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6383(c)(2), 8991 (formula A), or 8992 (formula B) of this title, the years of service of a member of the armed forces”, and added subsec. (b).
1982—Pub. L. 97–295, § 1(17), substituted “3991 (formula A), 3992 (formula B)” for “3991 (formula B)”, struck out “or” first time appearing, and substituted “8991 (formula A), or 8992 (formula B)” for “8991 (formula B)”.
1980—Pub. L. 96–513 struck out provisions that permitted the crediting of certain periods of constructive service in computing the retired pay of medical and dental officers and provided that members would compute their years of service for retirement pay by adding (1) years of active service, (2) years of service not otherwise counted with which the member was entitled to be credited on
1967—Pub. L. 90–130 struck out references to section 6399(c)(2) of this title.
1962—Pub. L. 87–651 struck out references to sections 6391(h) and 6394(g)(2) of this title and inserted a reference to section 6394(h) of this title.
Pub. L. 87–649 substituted “section 205(a)(7) and (8) of title 37” for “section 233(a)(7) of title 37” in cl. (2).
1958—Pub. L. 85–861 inserted references to sections 6323(e) and 6391(h) of this title.
Effective Date Of Amendment
Amendment by Pub. L. 104–106 effective
Pub. L. 103–337, div. A, title VI, § 635(e),
Amendment by section 1662(j)(3) of Pub. L. 103–337 effective
Amendment by Pub. L. 96–513 effective
Amendment by Pub. L. 87–649 effective
Effective Date
Section effective
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.