Page:United States Statutes at Large Volume 100 Part 1.djvu/722

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 686

PUBLIC LAW 99-348—JULY 1, 1986 "(b) DEFINITIONS.—

Ante, p. 683.

Ante, p. 683.

10 USC 1338.

10 USC 1406.

"(1) In this section, the term 'initial unreduced retired pay' means the amount of retired pay— efc ^ "(A) to which the member was entitled when the member first became entitled to retired pay; or "(B) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, to which the member would have been entitled on the date of the member's retirement without regard to that section. "(2) The definitions in subsection (g), and the provisions of subsection (h), of section 1401a of this title apply to this section.". SEC. 104. CONSOLIDATION OF RETIRED PAY BASE PROVISIONS (a) TRANSFER OF SECTION 1406.—Section 1406 is transferred to the end of chapter 67, redesignated as section 1338, and amended— (1) by designating the first sentence as subsection (a) and striking out "chapter 67 of this title" both places it appears therein and inserting in lieu thereof "this chapter"; and (2) by designating the second sentence as subsection (b). (b) CONSOLIDATION OF STATUTES.—Chapter 71 (relating to the computation of retired pay) is amended by striking out section 1407 and inserting in lieu thereof the following: "§ 1406. Retired pay base for members who first became members before September 8, 1980: final basic pay "(a) U S E OF RETIRED PAY BASE IN COMPUTING RETIRED PAY.— "(1) GENERAL RULE.—The retired pay or retainer pay of any

  • -. person entitled to that pay who first became a member of a

uniformed service before September 8, 1980, is computed using .Eii the retired pay base or retainer pay base determined under this ^^. section. "(2) EXCEPTION FOR RECOMPUTATION.—Recomputation of re-

Post, p. 694. 1

>c. J I

tired or retainer pay to reflect later active duty is provided for under section 1402 of this title without reference to a retired pay base or retainer pay base. "(b) RETIREMENT UNDER SUBTITLE A.—In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table. "For a member entitled to retired pay under section:

The retired pay base is:

1201 1202 1204 1205

Monthly basic pay' of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher.

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1331

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Monthly basic pay^ of highest grade held satisfactory by person at any time in the armed forces.