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10 U.S.C. 1401a: Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index

Created in 1963 by Public Law 88-132. Changed by 29 later laws. No bill we track in this Congress changes it.

13 other sections of the Code cite this one, including 10 U.S.C. 1075, 10 U.S.C. 1075a, 10 U.S.C. 1097, 10 U.S.C. 1402, 10 U.S.C. 1402a.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2015

    • Pub. L. 114–92, §631(d), which was approved Nov. 25, 2015, provided that the amendments made by Pub. L. 113–67, §403(a)—as amended by Pub. L. 113–76, §10001(a), Pub. L. 113–82, §2(a), and Pub. L. 113–291, §623—and the amendments made by Pub. L. 113–76, §10001(b)(3), which were effective Dec. 1, 201… (National Defense Authorization Act for Fiscal Year 2016) Law text
    • Pub. L. 114–92, §631(c)(1)(B), added par. (5) and redesignated former par. (5) as (6). (National Defense Authorization Act for Fiscal Year 2016) Law text · (b), (6)

    2014

    • Pub. L. 113–76, §10001(a)(1), which directed insertion of "(other than a member or former member retired under chapter 61 of this title)" after "age", did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendment note above. (Consolidated Appropriations Act, 2014) Law text · (b)
    • Pub. L. 113–76, §10001(a)(2), which directed addition of subpar. (F) related to inapplicability to amount of retired pay used in computation of SBP annuity for survivors, did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendment note above. (Consolidated Appropriations Act, 2014) Law text · (b)
    • Pub. L. 113–291, §623, which directed substitution of "January 1, 2016" for "January 1, 2014", did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendment note above. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
    • Pub. L. 113–82, §2(a), which directed addition of subpar. (G) related to applicability of subsec. (b)(4) to certain members and former members, did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendment note above. Law text · (b)
    • Pub. L. 113–76, §10001(b)(3), which directed insertion of "or subsection (b)(4)" after "subsection (b)(2)" in par. (2) (probably intending par. (3)), did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendment note above. (Consolidated Appropriations Act, 2014) Law text · (f)

    2013

    • Pub. L. 113–67, §403(a)(1), which directed substitution of "paragraph (2), (3), or (4)" for "paragraphs (2) and (3)", did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendment note above. Law text · (b)
    • Pub. L. 113–67, §403(a)(2), (3), which directed addition of par. (4) related to a reduced percentage for retired members under age 62 and redesignation of pars. (4) and (5) as (5) and (6), respectively, did not take effect pursuant to Pub. L. 114–92, §631(d). See 2015 Amendme… Law text · (b)
    • Pub. L. 113–66, §631(b), substituted "subsection (f)(3)" for "subsection (f)(2)" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2014) Law text · (c), (2)
    • Pub. L. 113–66, §1091(a)(9), substituted "before January 28, 2008" for "before the enactment of the National Defense Authorization Act for Fiscal Year 2008" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2014) Law text · (d), (e)
    • Pub. L. 113–66, §631(b), substituted "subsection (f)(3)" for "subsection (f)(2)" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2014) Law text · (d), (e)
    • Pub. L. 113–66, §631(a)(1), substituted "Prevention of retired pay inversions for members with retired pay computed using final basic pay.—The" for "Prevention of retired pay inversions.—Notwithstanding any other provision of law, the" and inserted "who first became a member of a un… (National Defense Authorization Act for Fiscal Year 2014) Law text · (f)
    • Pub. L. 113–66, §631(a)(2), (3), added par. (2) and redesignated former par. (2) as (3). (National Defense Authorization Act for Fiscal Year 2014) Law text · (f), (3)

    2008

    • Pub. L. 110–181, in introductory provisions, substituted "section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354" for "section 322". (National Defense Authorization Act for Fiscal Year 2008) Law text · (b), (d), (e)

    2002

    • Pub. L. 107–314, §633(a)(1), inserted "but subject to subsection (f)(2)" after "Notwithstanding subsection (b)" in introductory provisions. (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (c)
    • Pub. L. 107–314, §633(a)(2), inserted "(subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section)" after "shall be increased" in introductory provisions. (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (c)
    • Pub. L. 107–314, §633(a)(1), (b)(1), in introductory provisions, inserted "but subject to subsection (f)(2)" after "Notwithstanding subsection (b)" and "or on or after August 1, 1986, if the member or former member did not elect to receive a bonus under section 322 of title 37" after "… (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (d)
    • Pub. L. 107–314, §633(a)(1), (b)(2), in introductory provisions, inserted "but subject to subsection (f)(2)" after "Notwithstanding subsection (b)" and "and elected to receive a bonus under section 322 of title 37" after "August 1, 1986,". (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (e)
    • Pub. L. 107–314, §633(a)(3), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2). (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (f)

    1999

    • Pub. L. 106–65, §643(b)(1)(A), substituted "Increase required" for "In general" in heading. (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)
    • Pub. L. 106–65, §1066(a)(10), struck out subpar. (A) designation and heading "General rule", redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned their margins, and struck out former subpars. (B) and (C) which read as follows: (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)
    • Pub. L. 106–65, §643(b)(1)(B), substituted "Percentage increase" for "Pre-august 1, 1986 members" in heading. (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)
    • Pub. L. 106–65, §641(b)(1), substituted "Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member" for "The Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed servic… (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)
    • Pub. L. 106–65, §643(b)(1)(C), substituted "Reduced percentage for certain post-august 1, 1986 members" for "Post-august 1, 1986 members" in heading. (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)
    • Pub. L. 106–65, §641(b)(2), inserted "and has elected to receive a bonus under section 322 of title 37," after "August 1, 1986,". (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)

    1996

    • Pub. L. 104–201, §631(a), substituted "Special rule for fiscal year 1996" for "Special rules for fiscal years 1996 and 1998" as subpar. heading, struck out cl. (i) designation and heading "Fiscal year 1996" before "In the case of", and struck out cl. (ii) which read as follows: "… (National Defense Authorization Act for Fiscal Year 1997) Law text · (b)
    • Pub. L. 104–106, §631(c), repealed Pub. L. 103–335, §8114A(b)(1). See 1994 Amendment note below. (National Defense Authorization Act for Fiscal Year 1996) Law text · (b)
    • Pub. L. 104–106, §631(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Special rules for fiscal years 1994 through 1998.— (National Defense Authorization Act for Fiscal Year 1996) Law text · (b)
    • Pub. L. 104–201, §632(a), added subsec. (c) and struck out former subsec. (c) which read as follows: "Rule for First Adjustment After Retirement With Intervening Increase in Basic Pay.—Notwithstanding subsection (b), if a member or former member of an armed force who first became a mem… (National Defense Authorization Act for Fiscal Year 1997) Law text · (c)
    • Pub. L. 104–201, §632(a), added subsec. (d) and struck out former subsec. (d) which read as follows: "Rule for First Adjustment After Retirement With No Intervening Increase in Basic Pay.—If a member or former member of an armed force who first became a member of a uniformed service be… (National Defense Authorization Act for Fiscal Year 1997) Law text · (d)

    1994

    • Pub. L. 103–335, §8114A(b)(1), which directed substituting, in heading, "through 1996" for "through 1998" and substituting, in cl. (ii), "and 1996" for "through 1998", "of 1994 or 1995" for "of 1994, 1995, 1996, or 1997", and "March" for "September", was repealed by Pub. L. 104–1… · (b)
    • Pub. L. 103–337 inserted "based on the grade in which the member is retired" after "at an earlier date" in first sentence and ", except that such computation may not be based on a rate of basic pay for a grade higher than the grade in which the member is retired" before period at end o… · (f)

    1993

    • Pub. L. 103–160, §1182(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Except as provided in paragraph (6), the Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before August … · (b)
    • Pub. L. 103–66, §2001(1), substituted "Except as provided in paragraph (6), the Secretary" for "The Secretary". · (b)
    • Pub. L. 103–160, §1182(e)(2), struck out par. (6) which read as follows: "Special rules for paragraph (2) for fiscal years 1994 through 1998.— · (b)
    • Pub. L. 103–66, §2001(2), added par. (6). · (b)

    1989

    • Pub. L. 101–189, §651(b)(1)(A), inserted "and former member" after first reference to "member". · (b)
    • Pub. L. 101–189, §651(b)(1)(B), inserted "or former member" after first and third reference to "member". · (e)
    • Pub. L. 101–189, §651(b)(1)(C), inserted "or former member" after "member" in second sentence. · (f)

    1988

    • Pub. L. 100–456 inserted after second sentence "However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member… · (f)

    1987

    • Pub. L. 100–180 struck out "pay" after "the retired pay". · (a)
    • Pub. L. 100–224, §1(a), added par. (4) and redesignated former par. (4) as (5). · (b), (5)
    • Pub. L. 100–224, §1(b), substituted "by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between— · (e)

    1986

    • Pub. L. 99–348, §102(b)(1), (c)(1), inserted heading, struck out "or retainer" after "retired pay", and struck out sentence defining "Index" in this section as meaning the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics. · (a)
    • Pub. L. 99–348, §102(a), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which read as follows: · (b), (c), (d)
    • Pub. L. 99–348, §102(a), added subsec. (e). · (e)
    • Pub. L. 99–348, §102(c)(2), inserted heading and struck out "or retainer" after "retired" wherever appearing. · (f)
    • Pub. L. 99–348, §102(b)(2), added subsecs. (g) and (h) and struck out former subsec. (g) which provided that the retired or retainer pay of a member or former member of an armed force as adjusted under this section, if not a multiple of $1, would be rounded to the next lower mult… · (g), (h)

    1984

    • Pub. L. 98–525 substituted "before October 7, 1975" for "prior to the effective date of this subsection". · (f)

    1983

    • Pub. L. 98–94, §921(a)(1), struck out subsec. (e) which provided that: "Notwithstanding subsections (c) and (d), the adjusted retired pay or retainer pay of a member or former member of an armed force retired on or after October 1, 1967, may not be less than it would have been had he b… · (e)
    • Pub. L. 98–94, §921(b), struck out ", subject to subsection (e) of this section," after "the computation shall". · (f)
    • Pub. L. 98–94, §922(a)(2), added subsec. (g). · (g)

    1980

    • Pub. L. 96–342 substituted provisions directing the Secretary of Defense to increase the retired and retainer pay of members and former members of the armed forces each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 o… · (b)

    1976

    • Pub. L. 94–440 substituted provisions that Secretary of Defense shall determine the percent change in the index on Jan. 1 and July 1 of each year and effective Mar. 1 and Sept. 1, retired and retainer pay shall be increased by the computed percent change adjusted to the nearest 1/10 of… · (b)
    • Pub. L. 94–361 struck out "the per centum obtained by adding 1 per centum and" before "the highest per centum of increase in the index". · (b)

    1975

    • Pub. L. 94–106 added subsec. (f). · (f)

    1969

    • Pub. L. 91–179 provided for a 1 percent addition in computing increases in retired and retainer pay of present and former members of the armed forces, whenever the Secretary made such adjustments to effect increases in the consumer index over the base index. · (b)

    1967

    • Pub. L. 90–207 substituted "may not be recomputed" for "shall not be recomputed", struck out "if that increase becomes effective after the effective date of this section" after "armed forces" and inserted sentence defining "Index". · (a)
    • Pub. L. 90–207 revised subsec. (b) generally and, among other changes, substituted provisions requiring the Secretary of Defense to determine monthly the percent by which the index has increased over that used as the basis for the most recent adjustment of retired and retainer pay unde… · (b)
    • Pub. L. 90–207 added subsecs. (c) to (e). · (c), (d), (e)

    1965

    • Pub. L. 89–132 substituted provisions requiring the Secretary of Defense to determine the per centum for each calendar month that the Consumer Price Index has increased over the base Consumer Price Index, and if the index has shown an increase of at least 3 per centum over the base ind… · (b)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.