The law › Title 10, Armed Forces › Chapter 73
10 U.S.C. 1452: Reduction in retired pay
Created in 1972 by Public Law 92-425. Changed by 19 later laws. No bill we track in this Congress changes it.
3 other sections of the Code cite this one, including 10 U.S.C. 1448, 10 U.S.C. 1450, 10 U.S.C. 1451.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2017
- Pub. L. 115–91, §622(b)(1), inserted ", other than retired pay received as a lump sum under section 1415(b)(1)(A) of this title," after "the retired pay" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)
- Pub. L. 115–91, §622(b)(2), inserted ", other than retired pay received as a lump sum under section 1415(b)(1)(A) of this title," after "The retired pay". (National Defense Authorization Act for Fiscal Year 2018) Law text · (b)
- Pub. L. 115–91, §1081(a)(26), substituted "section 1450(a)(5)" for "section 1450(a)(4)" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)
- Pub. L. 115–91, §622(b)(3)(A), inserted ", other than retired pay received as a lump sum under section 1415(b)(1)(A) of this title," after "The retired pay" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)
- Pub. L. 115–91, §1081(a)(26), substituted "section 1450(a)(5)" for "section 1450(a)(4)". (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)
- Pub. L. 115–91, §622(b)(3)(B), inserted "or 1415(b)(1)(B)" after "section 1409(b)(2)". (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)
2016
- Pub. L. 114–328, §643(b)(1)(A), inserted "or Not Sufficient" after "Not Paid" in heading. (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §643(b)(1)(B), inserted before period at end ", except to the extent that the required deduction is made pursuant to paragraph (2)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §643(a)(2), added par. (2). Former par. (2) redesignated (3). (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §643(a)(1), (b)(1)(C), redesignated par. (2) as (3) and substituted "Paragraphs (1) and (2) do not" for "Paragraph (1) does not". (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §643(b)(2), inserted "or combat-related special compensation" after "from retired pay". (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
- Pub. L. 114–328, §643(b)(3), inserted "or CRSC" after "retired pay" in heading and "or combat-related special compensation" after "from the retired pay" in text. (National Defense Authorization Act for Fiscal Year 2017) Law text · (g)
2013
- Pub. L. 112–239 inserted in heading "and FERS" after "CSRS" and inserted in text "or chapter 84 of such title" after "chapter 83 of title 5", "or 8416(a)" after "8339(j)", and "or 8442(a)" after "8341(b)". (National Defense Authorization Act for Fiscal Year 2013) Law text · (e)
2006
- Pub. L. 109–364 added par. (5). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (c)
1999
- Pub. L. 106–65 substituted "Whenever the retired pay" for "When the retired pay". (National Defense Authorization Act for Fiscal Year 2000) Law text · (i)
1998
- Pub. L. 105–261 added subsec. (j). (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (j)
1997
- Pub. L. 105–85, §1073(a)(29)(A), substituted "provided" for "providing" in introductory provisions. (National Defense Authorization Act for Fiscal Year 1998) Law text · (a)
- Pub. L. 105–85, §1073(a)(29)(B), substituted "section 8339(j)" for "section 8339(i)" and "section 8341(b)" for "section 8331(b)". (National Defense Authorization Act for Fiscal Year 1998) Law text · (e)
1996
- Pub. L. 104–201, §634, amended section generally, revising and restating provisions relating to reductions in retired pay. (National Defense Authorization Act for Fiscal Year 1997) Law text
- Pub. L. 104–201, §635(a), added par. (2). (National Defense Authorization Act for Fiscal Year 1997) Law text · (h)
1994
- Pub. L. 103–337 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The retired pay of a person to whom section 1448 of this title applies who has a dependent child but does not have an eligible spouse or former spouse, or who has a spouse or former spouse … · (b)
1990
- Pub. L. 101–510 made clarifying amendment to directory language of Pub. L. 101–189, §1407(a)(9), see 1989 Amendment note below. · (h)
1989
- Pub. L. 101–189, §1402(a), inserted heading. · (a)
- Pub. L. 101–189, §1402(a), added par. (1) and struck out former par. (1) which read as follows: "Except as provided in subsection (b), the retired pay of a person to whom section 1448 of this title applies who has a spouse or former spouse, or who has a spouse or former spouse and a… · (a)
- Pub. L. 101–189, §1402(c), substituted "amounts under paragraph (1)" for "amount under paragraph (1)(A)". · (a), (B)
- Pub. L. 101–189, §1402(b), added par. (5). · (a)
- Pub. L. 101–189, §1621(a)(1), substituted "Department of Veterans Affairs" for "Veterans' Administration". · (g), (5)
- Pub. L. 101–189, §1407(a)(9), as amended by Pub. L. 101–510, inserted "(or any other provision of law)" after "Whenever retired pay is increased under section 1401a of this title" and substituted "such retired pay is so increased" for "such retired pay is increased under section 1401a … · (h)
1987
- Pub. L. 100–224 added subsec. (i). · (i)
1986
- Pub. L. 99–348 inserted provision that computation of a member's retired pay for purposes of this subsection be made without regard to any reduction under section 1409(b)(2) of this title. · (c)
- Pub. L. 99–661 struck out "and retainer" after "Whenever retired". · (h)
1985
- Pub. L. 99–145, §719(8)(B), struck out "or retainer" after "retired" in section catchline.
- Pub. L. 99–145, §714(a)(1), (2), designated existing first sentence of subsec. (a) as par. (1); redesignated cl. (1) as (A), inserting "(as adjusted from time to time under paragraph (4))" after "$300" and substituting "a standard annuity" for "an annuity by virtue of eligibility un… · (a)
- Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay". · (a)
- Pub. L. 99–145, §723(b)(2)(1), inserted "or former spouse" after first two references to "spouse". · (a)
- Pub. L. 99–145, §714(a)(3), designated existing second sentence of subsec. (a) as par. (2), and substituted "If there is a dependent child as well as a spouse or former spouse, the amount prescribed under paragraph (1)" for "As long as there is an eligible spouse and a dependent chi… · (a)
- Pub. L. 99–145, §714(a)(4), designated existing third sentence of subsec. (a) as par. (3), substituted "paragraph (1)" for "the first sentence of this subsection", and inserted "or former spouse" after "eligible spouse". · (a)
- Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay". · (a)
- Pub. L. 99–145, §714(a)(5), added par. (4). · (a)
- Pub. L. 99–145, §723(b)(2)(2), inserted "or former spouse" after "spouse" in two places. · (b)
- Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay". · (b)
- Pub. L. 99–145, §719(7), (8)(A), substituted "retired pay" for "retired or retainer pay" in three places, and substituted "a standard annuity" for "the annuity by virtue of eligibility under section 1448(a)(1)(A) of this title" in cl. (1), "a reserve-component annuity" for "the annuity… · (c)
- Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay" wherever appearing. · (d), (e), (f), (g), (h)
1981
- Pub. L. 97–22, §11(a)(3), substituted "Office of Personnel Management" for "Civil Service Commission". · (e)
- Pub. L. 97–22, §11(a)(5), substituted "this section" for "section 1452 of this title". · (g)
1980
- Pub. L. 96–402, added subsecs. (g) and (h). · (g), (h)
1978
- Pub. L. 95–397, §205(a), substituted pars. (1) and (2) for "by an amount equal to 2½ percent of the first $300 of the base amount plus 10 percent of the remainder of the base amount" after "shall be reduced each month". · (a)
- Pub. L. 95–397, §205(b), substituted pars. (1) and (2) for "by 10 percent plus 5 percent for each full 5 years the individual designated is younger than that person. However, the total reduction may not exceed 40 percent. The reduction in retired or retainer pay prescribed by this subs… · (c)
1976
- Pub. L. 94–496, §1(4), (5)(A), substituted "Except as provided in subsection (b), the retired or retainer pay" for "The retired or retainer pay", "(a)(4)" for "(a)(3)", and inserted provision prohibiting a reduction in retired or retainer pay during any month in which there is no eligi… · (a)
- Pub. L. 94–496, §1(5)(B), inserted "or who has a spouse but has elected to provide an annuity for dependent children only," after "spouse,". · (b)
- Pub. L. 94–496, §1(4), (5)(C), substituted "(a)(4)" for "(a)(3)", and inserted provision directing that reduction in retired or retainer pay continue during the lifetime of a beneficiary designated under section 1450(a)(4) of this title or until such person change his election pursuant… · (c)
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.