PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1513
‘‘(B) 40 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (4) for that qualified retiree. ‘‘(6) CALENDAR YEAR 2009.—For a month during 2009, the amount of retired pay payable to a qualified retiree is the sum of— ‘‘(A) the amount determined under paragraph (5) for that qualified retiree; and ‘‘(B) 50 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (5) for that qualified retiree. ‘‘(7) CALENDAR YEAR 2010.—For a month during 2010, the amount of retired pay payable to a qualified retiree is the sum of— ‘‘(A) the amount determined under paragraph (6) for that qualified retiree; and ‘‘(B) 60 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (6) for that qualified retiree. ‘‘(8) CALENDAR YEAR 2011.—For a month during 2011, the amount of retired pay payable to a qualified retiree is the sum of— ‘‘(A) the amount determined under paragraph (7) for that qualified retiree; and ‘‘(B) 70 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (7) for that qualified retiree. ‘‘(9) CALENDAR YEAR 2012.—For a month during 2012, the amount of retired pay payable to a qualified retiree is the sum of— ‘‘(A) the amount determined under paragraph (8) for that qualified retiree; and ‘‘(B) 80 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (8) for that qualified retiree. ‘‘(10) CALENDAR YEAR 2013.—For a month during 2013, the amount of retired pay payable to a qualified retiree is the sum of— ‘‘(A) the amount determined under paragraph (9) for that qualified retiree; and ‘‘(B) 90 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (9) for that qualified retiree. ‘‘(11) GENERAL LIMITATION.—Retired pay determined under this subsection for a qualified retiree, if greater than the amount of retired pay otherwise applicable to that qualified retiree, shall be reduced to the amount of retired pay otherwise applicable to that qualified retiree. ‘‘(d) COORDINATION WITH COMBAT-RELATED SPECIAL COMPENSATION PROGRAM.— ‘‘(1) IN GENERAL.—A person who is a qualified retiree under this section and is also an eligible combat-related disabled uniformed services retiree under section 1413a of this title may receive special compensation in accordance with that section or retired pay in accordance with this section, but not both.
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