The law › Title 10, Armed Forces › Chapter 745
10 U.S.C. 7361: Computation of retired pay
Created in 1957 by Public Law 85-155. Changed by 12 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 inserted "(except in the case of a member who served during the Vietnam Era, as that term is defined in section 12731 of this title)" after "based". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (a)
2018
- Pub. L. 115–232, §808(b)(14), renumbered section 3991 of this title as this section. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text
- Pub. L. 115–232, §809(a), substituted "section 7314" for "section 3914". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (a)
- Pub. L. 115–232, §809(a), substituted "Section 7343" for "Section 3963" in heading and "section 7314" for "section 3914" and "section 7343" for "section 3963" in text. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (c)
1996
- Pub. L. 104–201 added subsec. (c). (National Defense Authorization Act for Fiscal Year 1997) Law text · (c)
1994
- Pub. L. 103–337, §635(a)(2)(A), amended par. (1) generally. Prior to amendment, par. (1) contained table which provided two formulas for computing retired pay for cases covered under sections 3911, 3914, 3917, 3918, 3920, and 3924 of this title. · (a)
- Pub. L. 103–337, §635(a)(2)(B)(i), struck out "of the table" after "than one formula". · (b)
- Pub. L. 103–337, §635(a)(2)(B)(ii), struck out heading and text of par. (3). Text read as follows: "Section references in the table in subsection (a) are to sections of this title." · (b)
1986
- Pub. L. 99–348 amended section generally by completely revising the formula for computation of retired pay to provide that the retired pay base as computed under section 1406(c) or 1407 be multiplied by the retired pay multiplier prescribed in section 1409 for years of service credited under sectio…
1983
- Pub. L. 98–94, §922(a)(7), inserted "The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1."
- Pub. L. 98–94, §923(a)(1), (2)(F), in footnote 4 to 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 …
1980
- Pub. L. 96–513, §512(10), in heading for column 1 of the table substituted "after September 7, 1980" for "on or after the date of the enactment of the Department of Defense Authorization Act, 1981".
- Pub. L. 96–342 in heading for column 1 of the table inserted provisions respecting applicability to persons becoming members after the date of the enactment of the Department of Defense Authorization Act, 1981.
- Pub. L. 96–513, §502(21), in table struck out Formula A and redesignated Formulas B, C, and D as A, B, and C, respectively.
- Pub. L. 96–513, §502(22), in footnote numbered 1 to the table substituted "3962(b)" for "3962(c)".
1967
- Pub. L. 90–207 inserted ", or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater" after "retirement" in footnote 3 of the table.
1963
- Pub. L. 88–132 substituted in column 1 of Formula A in table "Monthly basic pay of member's retired grade" for "Monthly basic pay to which member would be entitled if he were on active duty in his retired grade" and eliminated from footnote 2 to such table "and adjust to reflect later changes in ap…
1958
- Pub. L. 85–861 substituted "section 3962(c)" for "section 3962(d)" in footnote 1, and "3963(a)" for "3962(c), 3963(a)" in footnote 2.
- Formula B. Pub. L. 85–422, §11(a)(5), substituted "credited to him under section 1405 of this title" for "credited to him in determining basic pay" in Column 2.
- Formula C. Pub. L. 85–422, §6(8), substituted "Monthly basic pay to which member was entitled on day before he retired" for "Monthly basic pay to which member was entitled on date when he applied for retirement" in Column 1.
- Formula D. Pub. L. 85–422, §6(8), substituted "monthly basic pay to which member was entitled on day before he retired" for "Monthly basic pay of member's retired grade" in Column 1.
- Footnote 1. Pub. L. 85–422, §6(1), struck out provisions which related to inapplicability of section 3962(a), and inserted provisions permitting computation at the highest rates of basic pay applicable to an officer who has served as Chief of Staff while he served in that office.
1957
- Pub. L. 85–155 redesignated formulas "B" to "E" of the table as formulas "A" to "D". Former formula "A", which related to computation of retirement pay for persons retired under former sections 3881, 3882, and 3912 of this title, was repealed by Pub. L. 85–155.
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.