10 USC 1401 - Computation of Retired Pay

(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed "For sections", retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes.

 
Formula No.For sectionsColumn 1

Take

Column 2

Multiply by

Column 3

Add

1 1201

1204

Retired pay base as computed under section 1406(b) or 1407. As member elects—

  (1) 2½% of years of service credited to him under section 1208; 1 or

  (2) the percentage of disability, not to exceed 75%, on date when retired.

 
2 1202

1205

Retired pay base as computed under section 1406(b) or 1407. As member elects—

  (1) 2½% of years of service credited to him under section 1208; 1 or

  (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.

Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based.
4 580

1263

1293

1305

Retired pay base as computed under section 1406(b) or 1407. The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405.  
5 633

634

635

636

1251

1252

1253

Retired pay base as computed under section 1406(b) or 1407. The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405.  

(b) Use of Most Favorable Formula.—If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.

(Aug. 10, 1956, ch. 1041, 70A Stat. 106; Pub. L. 85–422, §§6(7), 11(a)(2), May 20, 1958, 72 Stat. 129, 131; Pub. L. 88–132, §5(h)(1), Oct. 2, 1963, 77 Stat. 214; Pub. L. 89–132, §6, Aug. 21, 1965, 79 Stat. 547; Pub. L. 90–207, §3(1), Dec. 16, 1967, 81 Stat. 653; Pub. L. 92–455, §1, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96–342, title VIII, §813(b)(1), Sept. 8, 1980, 94 Stat. 1102; Pub. L. 96–513, title I, §113(a), title V, §511(49), Dec. 12, 1980, 94 Stat. 2876, 2924; Pub. L. 98–94, title IX, §§922(a)(1), 923(a)(1), (2)(A), Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 98–557, §35(b), Oct. 30, 1984, 98 Stat. 2877; Pub. L. 99–348, title II, §201(a), July 1, 1986, 100 Stat. 691; Pub. L. 102–484, div. A, title X, §1052(18), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–337, div. A, title XVI, §1662(j)(2), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 109–163, div. A, title V, §509(d)(1)(A), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 109–364, div. A, title V, §502(d)(1), Oct. 17, 2006, 120 Stat. 2177; Pub. L. 111–383, div. A, title VI, §631(a), Jan. 7, 2011, 124 Stat. 4239; Pub. L. 112–239, div. A, title X, §1076(f)(19), Jan. 2, 2013, 126 Stat. 1952.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1401 Introductory clause

 

 

 

1401(1)

10:600l(f) (1st sentence, less applicability to retired grade).

34:430(f) (1st sentence, less applicability to retired grade).

37:272(d) (less 1st 55 words; less 104th through 128th words, as applicable to retired grade; and less 1st, 2d, 4th, 5th, and last provisos).

37:272(e) (1st proviso of last sentence).

June 29, 1948, ch. 708, §303 (1st 91 words and 1st proviso), 62 Stat. 1088.

Oct. 12, 1949, ch. 681, §§402(d) (less 30th through 55th words; less 104th through 128th words, as applicable to retired grade; and less 2d, 5th, and last provisos), 402(e) (1st proviso of last sentence), 63 Stat. 818, 819.
1401(2)

 

 

1401(3)

37:272(d) (1st 29, and 51st through 55th, words, and 4th proviso).

10:1036b (1st 91 words and 1st proviso).

34:440j (1st 91 words and 1st proviso).

May 29, 1954, ch. 249, §14(d) (less 1st sentence), (f) (1st sentence, less applicability to retired grade; and last sentence), 68 Stat. 163, 164.
1401(4) 10:600l(d) (2d sentence).
  10:600l(f) (last sentence).
  34:430(d) (2d sentence).
  34:430(f) (last sentence).
1401, footnote 1. [No source].
1401, footnote 2. [No source].
1401, footnote 3. 37:272(d) (1st proviso); 10:600l(d) (less 1st and 2d sentences).
  34:430(d) (less 1st and 2d sentences).

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Last modified: October 26, 2015