The law › Title 10, Armed Forces › Chapter 71
10 U.S.C. 1402: Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980
Created in 1960 by Public Law 86-559. Changed by 11 later laws. No bill we track in this Congress changes it.
1 other section of the Code cite this one, including 10 U.S.C. 1406.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2024
- Pub. L. 118–159 substituted "Except in the case of a member who served during the Vietnam Era (as that term is defined in section 12731 of this title), the amount" for "The amount". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (f)
2018
- Pub. L. 115–232 substituted "section 7314 or 9314" for "section 3914 or 8914". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (f)
2011
- Pub. L. 111–383, in column 2 of table, inserted ", not to exceed 75%," after "percentage of disability" and struck out column 4 of table which related to subtraction of excess over 75 percent of pay upon which computation is based. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (d)
2008
- Pub. L. 110–181 struck out column 3 of the table, which related to subtraction of excess over 75 percent of pay upon which computation is based. (National Defense Authorization Act for Fiscal Year 2008) Law text · (a)
1992
- Pub. L. 102–484 added subsec. (f). · (f)
1986
- Pub. L. 99–348, §304(b)(3), inserted "of members who first became members before September 8, 1980" in section catchline.
- Pub. L. 99–348, §§201(b)(3), 304(a)(3), struck out "(as defined in section 1407(a)(2) of this title)" after "uniformed service" and struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title. · (a)
- Pub. L. 99–348, §304(a)(3), struck out "(as defined in section 1407(a)(2) of this title)" after "uniformed service". · (b), (c)
- Pub. L. 99–348, §201(b)(3), struck out provision that if the amount recomputed is not a multiple of $1, it be rounded to the next lower multiple of $1. See section 1412 of this title. · (d)
1983
- Pub. L. 98–94, §922(a)(3), substituted "according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1." for "as follows:". · (a)
- Pub. L. 98–94, §923(a)(1), (2)(B), in footnote 2 of table, substituted "Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a … · (a)
- Pub. L. 98–94, §922(a)(4), substituted "according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1." for "as follows:". · (d)
- Pub. L. 98–94, §923(a)(1), (2)(C), in footnote 1 of table, substituted "Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a … · (d)
1980
- Pub. L. 96–513 substituted "a uniformed service (as defined in section 1407(a)(2) of this title) before September 8, 1980" for "the armed forces before the date of the enactment of the Department of Defense Appropriation Act, 1981" wherever appearing. · (a), (b), (c)
- Pub. L. 96–342 inserted "who first became a member of the armed forces before the date of the enactment of the Department of Defense Authorization Act, 1981, and" after "of an armed force" wherever appearing. · (a), (b), (c)
1967
- Pub. L. 90–207, §2(a)(2)(A), inserted "increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay" after "retired,". · (d)
- Pub. L. 90–207, §2(a)(2)(B), added subsec. (e). · (e)
1963
- Pub. L. 88–132 substituted in introductory clause "who has become entitled to retired pay or retainer pay" for "who has been retired or has become entitled to retainer pay" and "to recompute his retired pay or retainer pay upon his release from that duty" for ", upon release from that … · (a)
1960
- Pub. L. 86–559 prohibited recomputation of retired pay under subsec. (a) on the basis of any period of active duty that was of less than six consecutive months' duration or on the basis of any active duty for training for a reserve officer who is or has been retired under section 3911,… · (a)
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.