110 STAT. 2550
PUBLIC LAW 104-201—SEPT. 23, 1996
"(B) the price index for the calendar quarter immediately before the csilendar 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), 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, 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.".
Applicability.
(b) EFFECTIVE DATE. —The amendment made by subsection (a)
10 USC 1401a shall apply only to adjustments of retired and retainer pay effective
"°*®"
after the date of the enactment of this Act.
5 USC 8313 note. SEC. 633. SUSPENSION OF PAYMENT OF RETIRED PAY OF MEMBERS
WHO ARE ABSENT FROM THE UNITED STATES TO AVOID
PROSECUTION.
(a) DEVELOPMENT OF PROCEDURES FOR SUSPENSION.— The
Secretary of Defense shall develop uniform procedures under which
the Secretary of a military department may suspend the payment
of the retired pay of a member or former member of the Armed
Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability.
The procedures shall address the types of criminal offenses and
civil proceedings for which the procedures may be used, including
the offenses specified in section 8312 of title 5, United States
Code, and the manner by which a member, upon the return of
the member to the United States, may obtain retired pay withheld
during the member's absence.
(b) REPORT TO CONGRESS.— The Secretary of Defense shall submit to Congress a report describing the procedures developed under
subsection (a). The report shall include recommendations regarding
changes to existing provisions of law (including section 8313 of
title 5, United States Code) that the Secretary determines are
necessary to fully implement the procedures.
(c) RETIRED PAY DEFINED. —For purposes of this section, the
term "retired pay" means retired pay, retirement pay, retainer
pay, or equivalent pay, payable under a statute to a member or
former member of a uniformed service.
(d) EFFECTIVE DATE. —The uniform procedures required by subsection (a) shall be developed not later than 30 days after the
date of the enactment of this Act.
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